A.
No nonresidential use shall hereafter be 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.
B.
Central utility systems serving three or more dwelling units, including
but not limited to systems providing heat, water, air conditioning,
sewage treatment, garbage collection and electrical power, shall be
deemed to be nonresidential uses for the purpose of this article.
Consistent with the general purposes of this chapter, performance
standards shall set specific controls on potentially objectionable
external aspects of nonresidential 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 is 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.
Method of measurement. For the purpose of measuring the intensity
and frequencies of sound, sound level meters and octave band filters
shall be employed. Octave band analyzers calibrated with pre-1960
octave bands (American Standards Association Z24.10-1953, Octave Band
Filter Set) shall be used. Sounds of short duration, which cannot
be measured accurately with the sound level meter, shall be measured
with an impact noise filter in order to determine the peak value of
the impact.
B.
Maximum permitted sound pressure level. The decibels resulting from
any activity, whether open or enclosed, shall not exceed at any point,
on or beyond any lot line, the maximum decibel level for the designated
octave band as set forth in the following table, except that where
the lot lies within 200 feet of a residence district, whether within
or without the Town, the maximum permitted decibel level at any point
on or beyond the district boundary shall be reduced by six decibels
from the maximum permitted level set forth in the table, and further,
except that such reduction shall also apply to any sound emitted between
the hours of 9:00 p.m. and 7:00 a.m., and all day Sunday.
|
Octave Band
(cycles per second)
|
Sound Pressure Level
(decibels)
| ||
|---|---|---|---|
|
0 to 74
|
66
| ||
|
75 to 149
|
58
| ||
|
150 to 299
|
55
| ||
|
300 to 599
|
50
| ||
|
600 to 1,199
|
45
| ||
|
1,200 to 2,399
|
42
| ||
|
2,400 to 2,799
|
38
| ||
|
4,800 to 20,000
|
35
|
C.
Exemptions. The following uses and activities shall be exempt from
the noise level regulations:
(1)
Noises not directly under the control of the property user.
(2)
Noises emanating from construction and maintenance activities between
8:00 a.m. and sunset.
(3)
The noises of safety signals, warning devices, emergency pressure
relief valves or other emergency warning signals.
(4)
Transient noises of moving sources, such as automobile, trucks, airplanes
and railroads.
A.
Method of measurement. For the purpose of measuring vibration, a
three-component measuring system approved by the Town Engineer shall
be employed.
B.
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:
|
Frequency
(cycles per second)
|
Vibration Displacement
(in inches)
Steady-State
|
Impact
| |
|---|---|---|---|
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
|
A.
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.
B.
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 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.
C.
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.
D.
Maximum permitted emission of dust.
(1)
The emission of dust related to combustion for indirect heating from
any source shall not exceed 0.30 pound of dust per 1,000 pounds of
flue gas adjusted to 50% excess air for combustion.
(2)
There shall be no measurable emission of dust or other particulate
matter not related to combustion for indirect heating.
(3)
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.
No land use shall be permitted which emits any discernible odor
outside the building in which the use is conducted.
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.
A.
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 I, Part 20, Code of Federal Regulations,
Standards for Protection Against Radiation, as amended, and in accordance
with any applicable laws or regulations.
B.
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.
A.
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.
B.
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 be in the air, in the ground or in any watercourse
or water body.
The discharge of any or all wastes shall be permitted only if
in complete accordance with all standards, laws and regulations of
the Westchester County Health Department, 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.
No business or industrial 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 Agency, 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.
A.
If, in the judgment of the Building Inspector or of the Town Board,
there is a violation of the performance standards, the Building Inspector
shall give written notice, by registered or certified mail, to the
owner and tenants of the property upon which the alleged violation
occurs, describing the particulars of the alleged violation and the
reasons why it is believed that there is a violation in fact, and
shall require an answer or correction of the alleged violation to
the satisfaction of the Building Inspector within a reasonable time
limit set by said Inspector. The notice shall state and it is hereby
declared that failure to reply or to correct the alleged violation
to the satisfaction of the Building Inspector within the time limit
constitutes admission of a violation of this chapter. The notice shall
further state that, upon request of those to whom it is directed,
technical determinations of the nature and extent of the violation
as alleged will be made and that, if violation as alleged is found,
costs of the determinations will be charged against those responsible,
in addition to such other penalties as may be appropriate and that,
if it is determined that no violation exists, costs of determination
will be borne by the Town.
B.
If, with the time limit set, there is no reply, but the alleged violation
is corrected to the satisfaction of the Building Inspector, he shall
note "violation corrected" on his copy of the notice and shall retain
it among his records.
C.
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take action in accordance with Article IX, §§ 220-71 through 220-73, of this chapter.
