[HISTORY: Adopted by the Town Board of the
Town of New Berlin 4-23-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
[Adopted 4-23-2008 by L.L. No. 1-2008]
The existence of the following dangerous and
objectionable elements shall be determined at the location of the
use creating same or at any point beyond, and these shall be limited
as follows:
A.
Explosives. Activities involving the storage or manufacture
of materials or products which decompose by detonation are prohibited,
except for those under the jurisdiction of the appropriate licensing
agency. The list of materials or products which decompose by detonation,
when in sufficient concentrations, includes, but is not limited to,
the following:
(1)
Acetylides.
(2)
Azides.
(3)
Chlorates.
(4)
Dynamite.
(5)
Blasting gelatin.
(6)
Fulminates.
(7)
Anhydrous hydrazine.
(8)
Ammonium nitrates.
(9)
Dinitroresorcinol.
(10)
Dinitrotoluene.
(11)
Guanidine nitrate.
(12)
Gun cotton (cellulose nitrate with nitrogen
content in excess of 12.2% or pryoxylin).
(13)
Hexamine.
(14)
Nitroglycerin.
(15)
PETN (pentaerythritol tetranitrate).
(16)
Picric acid.
(17)
Tetryl (trinitrophenyltramine).
(18)
Cyclonite or hexogen (cyclotrimethylene trinitramine).
(19)
Dinol.
(20)
Petryl.
(21)
TNT (trinitrotoluene).
(22)
Perchlorates (when mixed with carbonaceous materials).
(23)
Black powder.
(24)
Fireworks.
(25)
Greek fire.
(26)
Permanganates.
(27)
Peroxides (except hydrogen peroxide in concentration
of 35% or less in aqueous solution).
(28)
Any USEPA-listed hazardous chemical, product
or waste.
B.
Fire hazards. All activities involving, and all storage
of, flammable and explosive materials shall be provided with adequate
fire-fighting and fire suppression equipment and devices standard
in this industry. The relevant provisions of other state and local
laws and regulations shall apply to open burning.
C.
Radioactivity or electrical disturbance. No activities
shall be permitted which emit dangerous radioactivity at any point.
No activities shall be permitted which produce electrical and/or electromagnetic
disturbances (except from domestic household appliances and from communications
equipment subject to control by the Federal Communications Commission
or appropriate federal agencies) adversely affecting the operation
at any point of any equipment other than that of the creator of such
disturbance.
D.
Smoke. No emission shall be permitted at any point
from any chimney, or otherwise, of visible smoke of a shade darker
than No. 1 on the Ringelmann Smoke Chart as published by the United
States Bureau of Mines. (Power's Micro-Ringelmann Chart, McGraw-Hill
Publishing Company, 1954, may be used.) This provision, applicable
to visible gray smoke, shall also apply to visible smoke of a different
color but with an equivalent apparent opacity.
E.
Other forms of air pollution. No emission of fly ash,
dust, fumes, vapors, gases, and other forms of air pollution shall
be permitted which can cause any damage to health, to animals or vegetation,
or to other forms of property, or which can cause any excessive soiling
of any paint; and in no event shall any emission of any solid or liquid
particles in concentrations exceeding 0.3 grain per cubic foot of
the conveying gas or air at any point be permitted. For measurement
of the amount of particles in gases resulting from combustion, standard
corrections shall be applied to a stack temperature of 500° F.
and 50% excess air.
F.
Liquid or solid wastes. No discharge shall be permitted
at any point into any private sewage disposal system, or stream, or
into the ground of any materials in such a way or of such a nature
or temperature as can contaminate any water supply or otherwise cause
the emission of dangerous or objectionable elements, except in accord
with standards approved by the State Department of Health, Environmental
Conservation, or County Health Department. No accumulation of solid
wastes conducive to the breeding of rodents or insects shall be permitted.
The existence of the following dangerous and
objectionable elements shall be determined at the lot line of the
use creating same or at any point beyond said lot line, and these
shall be limited as follows:
A.
Noise. At the specified points of measurement the
sound-pressure level of noise radiated from a facility shall not exceed
the values for octave bands lying within the several frequency limits
given in Table I after applying the corrections shown in Table II.
The sound-pressure level shall be measured with a sound-level meter
and an octave-band analyzer conforming to specifications prescribed
by the American Standards Association, Inc., New York, New York. (American
Standards Sound Level Meters for Measurement of Noise and Other Sounds,
224.3-1944, American Standards Association, Inc., New York, New York,
and American Specifications for an Octave Band Filter Set for the
Analysis of Noise and Other Sounds, 224.10-1953, or latest approved
revision thereof, American Standards Association, Inc., New York,
New York, shall be used.) If the noise is not smooth and continuous
and/or is not radiated between the hours of 7:00 p.m. and 8:00 a.m.,
one or more of the corrections in Table II shall be added to or subtracted
from each of the decibel levels given in Table I.
|
Table I
| ||
|---|---|---|
|
Maximum Permissible Sound-Pressure Levels
at Specified Points of Measurement for Noise Radiated From a Facility
Between the Hours of 7:00 p.m. And 8:00 a.m.
| ||
|
Frequency Ranges Containing Standard Bands
(cycles per second)
|
Octave Band Sound-Pressure Level
(decibels re 0.0002 dyne/cm2)
| |
|
20 to 74
|
67
| |
|
75 to 149
|
66
| |
|
150 to 299
|
61
| |
|
300 to 599
|
54
| |
|
600 to 1,199
|
47
| |
|
1,200 to 2,399
|
39
| |
|
2,400 to 4,799
|
29
| |
|
4,800 to 10,000
|
20
| |
|
Table II
| ||
|---|---|---|
|
Corrections for Noise Not Smooth and Continuous
and/or Not Radiated Between the Hours of 7:00 p.m. and 8:00 a.m.
| ||
|
Type of Operation or Character of Noise
|
Correction
(decibels)
| |
|
Daytime operation only, 8:00 a.m. to 7:00 p.m.
|
Plus 5
| |
|
Noise source operates less than 15 minutes but
more than five minutes of any 1-hour period
|
Plus 5*
| |
|
Noise source operates less than 5 minutes of
any 1-hour period
|
Plus 10*
| |
|
Noise of impulsive character (hammering, etc.)
|
Minus 5
| |
|
Noise of periodic character (hum, screech, etc.)
|
Minus 5
| |
|
NOTES:
| |
|
*Apply the minimum correction.
|
B.
Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for a duration of three or more minutes in any one hour of the day between the hours of 8:00 a.m. and 7:00 p.m., or a duration of 30 or more seconds in any one hour between the hours of 7:00 p.m. and 8:00 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 any seismic testing of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this Subsection B.
C.
Odors. No emission of odorous gases or other odorous
matter shall be permitted in such quantities as to be offensive at
the specified points of measurement. Any process which may involve
the creation or emission of any odors shall be provided with a secondary
safeguard system, so that control will be maintained if the primary
safeguard system should fail. There is hereby established, as a guide
in determining such quantities of offensive odors, Table III (Odor
Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright
1951, by Manufacturing Chemists' Association, Inc., Washington, D.C.
D.
Glare. No direct or sky-reflected glare, whether from
floodlights or from high-temperature processes such as combustion
or welding or otherwise, shall be permitted so as to be visible at
the specified points of measurement. This restriction shall not apply
to signs otherwise permitted by regulations.
