Town of Wheatfield, NY Industrial Performance Standards

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

§ 200-87 Performance standards.

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.

Exemptions. The following sources of noise shall be exempt:

(a)

Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.

(b)

Occasionally used safety signals, warning devices and emergency pressure relief valves.

(c)

Construction activity between 7:00 a.m. and 7:00 p.m.

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	--

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	--

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.

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

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."

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.

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.

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.

M-1 District. The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited.

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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

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.

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.

Airborne toxic matter.

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.

M-1 District. The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.

M-2 District. The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.

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.

Glare. Illumination from industrial operations and activities can be disturbing to neighboring residential districts.

Any operations, activity or use shall be conducted so that direct or indirect illumination from the source of light shall not cause illumination in any residence district.

Installation of shields is required to eliminate glare across a residential lot line.

§ 200-88 Application for permit; review; enforcement.

Application. Data to be provided by the applicant for a building permit shall include but is not limited to:

Plans of the proposed construction, including site plan review procedures.

A description of the proposed machinery, processes and products.

Specifications for mechanisms and techniques proposed in restricting possible emissions of any of the dangerous and objectionable elements set forth above.

(4)

Measurements of the amount or rate of emission of said dangerous or objectionable elements.

Review.

The Planning Board shall review plans and other documentation in connection with all applications, subject to industrial performance standards.

Procedure shall follow the site plan review process, Article XII.

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.

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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Continued enforcement.

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.