Property and buildings to be used for industrial
purposes shall be so designed and laid out as to minimize disturbance
to adjacent property by such features as buffer fences, planting,
suitably located points of traffic ingress and egress, and areas for
loading and parking. They shall comply in addition to the requirements
applicable to the district in which they are located. All industrial
operations shall be carried on in conformity with the following requirements.
No structure shall be erected for any industrial use, or occupied for industrial use, and no land shall be used for industrial purposes unless industrial use and operation have been certified in accordance with this chapter. All uses permitted in the I, I-S and I-L Districts under § 340-8 shall conform with this section.
[Amended 5-10-2010 by Ord. No. 2010-13]
A.
The Building Inspector shall have the authority to certify a proposed industrial use or operation for probable compliance with the performance standards of § 340-16 of this chapter. It is recognized that in some cases the Building Inspector cannot adequately judge the relation of a prospective or established industrial use to the performance standards of this chapter. In such cases, the Building Inspector or the applicant may request an advisory opinion from the Planning Board.
B.
Procedure for certification. Before issuing a building permit for an industrial use, the Building Inspector shall determine whether or not the proposed use will comply with the performance standards of § 340-16 of this chapter.
(1)
Plans and specifications. In order to determine the probable compliance
of a proposed industrial use with the performance standards hereof,
the Building Inspector may require submission of plans and specifications
of any proposed machinery, operations, and techniques to be used to
meet the performance standards. No applicant shall be required to
reveal any secret processes.
(2)
Affidavit from applicant. The Building Inspector shall require an
affidavit from the applicant acknowledging the applicant's understanding
of the applicable performance standards hereof and of his continuing
agreement to comply with these standards.
(3)
Request for hearing. Upon filing an application for a building permit
for an industrial use, the Building Inspector may require, or the
applicant request, a hearing before the Planning Board, conducted
according to the provisions of this article.
[Amended 5-10-2010 by Ord. No. 2010-13]
A.
Procedure:
(1)
The Planning Board shall review all requests for building permits
for industrial use referred to it and make findings as to the probable
compliance of the proposed uses to the performance standards hereof.
Nothing shall prohibit the Planning Board from submitting such requests
to the process of peer review as the Board may deem necessary and
appropriate.
(2)
Upon making findings, the Planning Board shall recommend issuance
or refusal of a building permit and convey such recommendations, in
writing, to the Building Inspector within 10 days of the last meeting
at which deliberations on the applications were held.
(3)
It is intended that the burden of proof for the establishment of
reasonable assurance of compliance with performance standards herein
shall rest with the applicant. No applicant shall be required to reveal
any secret processes. The Planning Board shall invite the applicant
or his representative to appear before it at its meeting.
Upon determination that a proposed industrial
operation complies with the performance standards hereof, certification
shall be made by the Building Inspector and shall specify whether
certification is granted for conformance in an I, I-S or I-L District.
[Amended 5-10-2010 by Ord. No. 2010-13]
A.
Violations.
In the event of a determination by the Building Inspector of a probable
violation of the performance standards subsequent to the granting
of a permit, a written notice of the probable violation shall be sent
by registered mail to the owner of the industrial use. The notice
shall further state that upon the continuation of the probable violation,
technical determinations as described in this chapter shall be made
by the Building Inspector and that if violations as alleged are found,
costs of such determinations, including the costs of hiring qualified
experts, shall be charged against those responsible for the violation,
in addition to such other penalties as may be appropriate; provided,
however, that if it is determined that no violation exists, the cost
of the determination will be paid by the Town of Johnston.
B.
Review by Planning Board. Cases involving probable violations may be referred by the Building Inspector to the Planning Board. In such cases, the Planning Board shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed in § 340-16 of this chapter. The Planning Board shall make known its findings, in writing, to the Building Inspector.
The following standards for the operation of
uses in industrial districts (I, I-S and I-L) shall apply:
A.
Noise:
(1)
Noise shall be measured from any property line of
the tract on which the manufacturing operation is located. At the
specified points of measurement, the sound pressure level of noise
radiated continuously from a manufacturing facility or activity (other
than background noises not under direct control of the manufacturing
use, such as vehicular traffic) shall not exceed the values given
in the Table of Maximum Permissible Sound-Pressure Levels and the
Table of Correction Factors - Sound Pressure Levels, octave bands
of frequency, between the nighttime hours of 11:00 p.m. and 7:00 a.m.
(2)
The instruments used for these measurements shall
conform to the specifications published by the American Standards
Association, Inc., New York, New York. The sound pressure level shall
be measured with a sound level meter (American Standard Specifications
for Sound Level Meters for Measurement of Noise and Other Sounds,
S1.4-1961) and an octave band filter set, as indicated in the Table
of Maximum Permissible Sound-Pressure Levels.
|
Table of Maximum Permissible Sound-Pressure
Levels
| ||||
|---|---|---|---|---|
|
Pre-1960 Octave Bands1
|
Preferred Frequency Octave Bands2
| |||
|
Octave Band Frequency
(cycles per second)
|
Decibels
|
Octave Band Center Frequency
(cycles per second)
|
Decibels
| |
|
0 to 75
|
72
|
31.5
|
76
| |
|
75 to 150
|
67
|
63
|
71
| |
|
150 to 300
|
59
|
125
|
65
| |
|
300 to 600
|
52
|
250
|
57
| |
|
600 to 1,200
|
40
|
500
|
50
| |
|
1,200 to 2,400
|
40
|
1,000
|
45
| |
|
2,400 to 4,800
|
34
|
2,000
|
39
| |
|
Above 4,800
|
32
|
4,000
|
34
| |
|
NOTES:
1 Pre-1960 Octave
Bands. A standardized series of octave bands prescribed by the American
Standards Association in Z24.10-1953, Octave Band Filter Set for the
Analysis of Noise and Other Sounds.
| |
|
2 Preferred Frequency
Octave Bands. A standardized series of octave bands prescribed by
the American Standards Association in S1.6-1960, Preferred Frequencies
for Acoustical Measurements.
|
(3)
If noise is not smooth and continuous and/or is not
radiated between the hours of 11:00 p.m. and 7:00 a.m., one or more
of the corrections in the Table of Correction Factors - Sound Pressure
Levels shall be added to or subtracted from each of the decibel levels
given previously in the Table of Maximum Permissible Sound-Pressure
Levels.
|
Table of Correction Factors - Sound Pressure
Levels
| |||
|---|---|---|---|
|
Type of Operation or Character Noise
|
Correction in Decibels
| ||
|
Daytime operation 7:00 a.m. to 11:00 p.m.
|
plus 5
| ||
|
Noise source operated less than 20% of any one-hour
period
|
plus 5*
| ||
|
Noise source operated less than 5% of any one-hour
period
|
plus 10*
| ||
|
Noise source operated less than 1% of any one-hour
period
|
plus 15*
| ||
|
Noise of impulsive character (hammering, and
so forth)
|
minus 5
| ||
|
Noise of periodic character (hum, screech, and
so forth)
|
minus 5
| ||
|
NOTE:
| |||
|
* Apply one of these corrections only.
| |||
B.
Vibration. Vibration shall be measured at the nearest
property line. No vibration is permitted which is discernible to human
sense of feeling for three minutes or more duration in any one hour
of the day between the hours of 7:00 a.m. and 7:00 p.m., or 30 seconds
or more duration 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 0.1 g or shall result in any combination of amplitudes and
frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines
Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure.
The methods and equations of said Bulletin No. 442 shall be used to
compute all values for the enforcement of this regulation.
C.
Smoke and other forms of air pollution. Manufacturing
operations shall conform to the Rhode Island Clean Air Act, R.I.G.L.
§ 23-23-1 et seq., as amended, and regulations promulgated
thereunder, including, without limitations, the "Air Pollution Control
Regulations" of the Rhode Island Department of Environmental Management,
as amended.
D.
Sewage and waste. Effluent from any manufacturing
use which is discharged into the ground shall at all times comply
with the "Rules and Regulations Pertaining to Disposal of Sanitary
Sewage in Unsewered Areas" of the Rhode Island Department of Health,
as amended. Manufacturing operations shall comply with the Rhode Island
Hazardous Waste Management Act of 1978, R.I.G.L. § 23-19.1-1
et seq., the Hazardous Substance Community Right to Know Act, R.I.G.L.
§ 23-24.4-1 et seq., the Rhode Island Water Pollution Control
Act, R.I.G.L. § 46-12-1 et seq., as such laws may be amended,
and all regulations promulgated thereunder.
E.
Heat and glare. Any manufacturing operation producing
heat and/or glare (as differentiated from interior illumination) shall
be shielded so that no heat or glare can be recorded at the property
line. No lighting shall be used in such a manner that produces glare
on public highways or neighboring property.
F.
Radiation. Manufacturing operations shall cause no
dangerous radiation at the property line as specified by the regulations
of the United States Atomic Energy Commission.
G.
Fly ash, dust, fumes, vapor, gases, and other forms
of air pollution.
(1)
No emission shall be permitted which can cause any
damage to health, to animals or vegetation, or other forms of property
or which can cause excessive soiling.
(2)
In no event shall any emission be allowed of any liquid
particles (other than water) in concentrations exceeding 0.3 grains
per cubic foot of the conveying gas or air at any point. Measurement
shall be taken at the point of emission.
(3)
For measurement of particles in gases resulting from
combustion, standard corrections shall be applied to correct to a
stack temperature of 500º F. and to correct the assumption that
50% excess air is present at the time of measurement, which must be
deducted from the measured volume (0% excess volume) before computing
the grains per cubic foot to compare with the standards.
(4)
Standards for individual gases and pollutants shall
be as follows:
|
Photochemical Oxidants: Emission of photochemical
oxidants shall not exceed a maximum hourly concentration of 0.04 parts
per million, as determined by the Alkaline Potassium Iodine method.1
| |
|
Hydrocarbons: The three-hour average concentration
of hydrocarbons (with correction for methane) shall not exceed 0.15
parts per million, as determined by the Flame Ionization Technique.
| |
|
Carbon Monoxide: The eight-hour average concentration
of carbon monoxide shall not exceed three parts per million, and the
average concentration shall not exceed 20 parts per million in any
ninety-minute period, as determined by continuous Nondispersive Infrared
Analyzers.
| |
|
Sulfur Oxides: the twenty-four-hour average
concentration of sulfur oxides shall not exceed 0.03 parts per million,
and the maximum hourly concentration shall be 0.10 parts per million,
as determined by the modified West-Gaeke Method.2
| |
|
Nitrous Oxides: The annual average concentration
of nitrous oxides shall not exceed 0.026 parts per million, as determined
by the modified West-Gaeke Method.3
| |
|
Particulate Matter: The twenty-four-hour average
concentration of particulate matter shall not exceed 100 micrograms
per cubic meter, as determined by the High Volume Air Sampling Method.
|
|
NOTES:
| |
|
1 All air sampling
methods are those described in Air Quality Criteria, U.S. Department
of Health, Education and Welfare, unless otherwise specified.
| |
|
2 Scaringelli, S.A.;
Saltzman, B.E., Frey, S.A.; 1967.
| |
|
3 Saltzman, B.E.
|
(5)
If monitoring of the ambient air in the Town of Johnston
shall determine pollution levels lower than those specified by this
chapter, these lower levels shall be maintained. No significant degradation
of air quality shall be permitted within the Town of Johnston.
H.
Gases and fumes. Any gases or fumes emitted in such
quantity or of such nature that they are or potentially may become
odorous or toxic shall be collected and filtered, washed, absorbed,
burned or otherwise treated in a manner approved by the Zoning Enforcement
Officer before being discharged into the atmosphere.
I.
Compliance with applicable laws and regulations. The
above list of industrial performance standards shall be in addition
to, and not in lieu of, any other applicable federal and state laws
and regulations with which an industrial use is bound to comply.
A.
Establishment. An advisory body is hereby established known as the Industrial Performance Commission. The purpose of this body is to provide technical and scientific assistance in the determination by the Zoning Enforcement Officer of the performance characteristics of proposed or existing industrial operations pursuant to § 340-16 of this chapter.
B.
Membership.
(1)
The Industrial Performance Commission shall be appointed
by the Town Council and shall consist of nine regular members and
the Zoning Enforcement Officer who shall serve as an ex officio member.
Each regular member shall be appointed for a term of three years respectively
except that original appointments shall be made as follows: three
members with a three-year term, three members with a two-year term
and three members with a one-year term. If a vacancy occurs on the
Commission, the Town Council shall appoint a new member for the remainder
of the unexpired term.
(2)
All members of the Commission shall be residents of
the Town and no regular member shall be an elected official or an
employee of the Town.
C.
Chairperson. A Chairperson shall be elected by the
Industrial Performance Commission.
D.
Exemption of Commission members. No member of the
Industrial Performance Commission shall pass on any matter in which
such member has a business or personal interest.
E.
Meetings. The Industrial Performance Commission shall
meet monthly and at such other times at the request of the Zoning
Enforcement Officer or the Chairperson of the Commission.
F.
Quorum. Five participating members of the Industrial
Performance Commission shall constitute a quorum. The concurring vote
of three members shall be required to pass on any resolution or advisory
opinion.
G.
Rules and procedure. The Industrial Performance Commission
shall determine rules of procedure that are not inconsistent with
the provisions of this chapter and existing state and local laws.
The following are banned uses within the boundaries
of the Town:
A.
Any structure or facility created for the manufacturing
or storage of industrial gas. See the Table of Use Regulations, Subsection
L(3).[1]
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
B.
Any commercial composting of any materials, including,
but not limited to, leaves, brush, grass clippings, food scraps, meat,
fish, dairy products, vegetables or fruit scraps, garden wastes and
animal wastes shall be prohibited within the boundaries of the Town
of Johnston. See the Table of Use Regulations, Subsection A(8).
C.
Any processing, recycling or dumping of construction/demolition
wastes, debris on all/any property owned by Solid Waste Management
Corporation in the Town of Johnston. Any materials, including, but
not limited to, used asphalt, concrete, portland cement, tree stumps,
wire, cable, pallets, railroad ties, tires, rocks, boulders, steel
drums, industrial equipment.
D.
Incinerators, dumps or sanitary landfills, and solid
waste transfer stations. See the Table of Use Regulations, Subsections
E(14), (15) and (16), respectively.
