Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
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.