For the purpose of limiting the creation or
effects of dangerous or objectionable elements, incident to the use
of land or buildings, all uses shall hereafter be subject to the performance
standard limitations of this article. Continued conformance with such
standards shall be a requirement for the continuance of any certificate
of occupancy.
Dangerous and objectionable elements are disturbances
which are hazardous, injurious, noxious or otherwise offensive by
reason of fire, explosion, radioactivity or other hazard; noise or
vibration; smoke, dust, odor, effluent discharge or other pollution;
electrical or other disturbance, glare or flash; storage or discharge
of waste or other materials conducive to the breeding of insects,
rodents or other vermin.
The existence of the following dangerous and
objectionable elements shall be determined at the location of the
use creating the same or at any point inside the premises.
A.
Fire, explosive hazard and heat. There shall be no
storage or manufacture of materials or products which, under normal
temperature conditions, burn actively, have a low ignition temperature,
a high rate of burning or create excessive heat or explode.
B.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of excessive 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 or comfort or a source of damage to the property.
(2)
Method of measurement of smoke. For the purpose
of grading the density of smoke, the Ringelmann Smoke Chart shall
be used.
(3)
Maximum permitted emission of smoke. There shall
be no measurable emission of smoke, gas or other atmospheric pollutant.
Smoke with discernible density of No. 1 on the Ringelmann Smoke Chart
shall be prohibited.
(4)
Maximum permitted emission of dust. The emission
of dust related to combustion for indirect heating from any source
shall not exceed 0.30 pounds of dust per thousand pounds of flue gas
adjusted to 50% excess air for combustion. 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.
C.
Liquid or solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Nassau County Health Department,
New York State Department of Environmental Conservation or any other
regulatory agency having jurisdiction. Facilities for the storage
of liquid or solid waste shall be so located and designed as to be
screened from the street or from any adjoining property.
D.
Toxic or noxious matter. 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.
E.
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 1, Part 20, of the Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
The existence of the following dangerous or
objectionable elements shall be determined at the lot line of the
use creating the same or at any point beyond said lot line.
A.
Noise.
(1)
Method of measurement. For the purpose of measuring
the intensity and frequencies of sound, sound-level meter and octave-band
filters shall be utilized. 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.
(2)
Maximum permitted sound pressure level. The
decibels resulting from any activity, whether open or enclosed, shall
not exceed at any point at or beyond any lot line the maximum decibel
level for the designated octave band as set forth in the following
table. Where the lot lies within 200 feet of a residence district,
the maximum permitted decibel level shall be reduced by six decibels
from the maximum permitted level set forth in the table, and further,
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 4,799
|
38
| |
|
4,800 to 20,000
|
35
|
(3)
Exemptions. The following uses and activities
shall be exempt from the noise level regulations: noises not directly
under the control of the property user; noises emanating from construction
and maintenance activities between 7:00 a.m. and sunset; the noises
of safety signals, warning devices, emergency pressure relief valves
or other emergency warning signals; and transient noises of moving
sources, such as automobiles, trucks, airplanes and railroads.
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 Village.
C.
Odors. No emission of odorous gases or other odorous
matter shall be made or emitted which is offensive and discernible
at or beyond the lot line of the use creating the same.
D.
Glare. No direct or indirect or sky-reflected glare,
whether from floodlights or other lighting or high temperature processes,
shall be directed or generated so as to be offensive or create a nuisance
to any property or public street.
E.
Vehicular traffic. No use shall be permitted where
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 street or highway system.
