Article XV Performance Standards

Uses, buildings, or structures required to comply with this provision, prior to establishment or alteration, shall make a showing of probable compliance with these performance standards. Said showing shall be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists), prepared by a professional engineer licensed by the State of New York, certifying that said use, building, or structure complies with all industrial performance standard requirements. Said letter shall be based on the engineer's personal scrutiny of the site and proposed use of alteration, and shall have analytical foundation in accepted engineering principles. In addition, the Zoning Administrator (Code Enforcement Officer-CEO) may require the applicant to submit:

A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within 200 feet of the proposed site.

A description of the activity to be conducted regarding waste products, external effects, or other conditions which are regulated herein; provided, however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process which would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

(c)

The type and location of abatement devices to control, or recording instruments to measure, conformance with required standards, not including devices and instruments which are inherent in the manufacturing process.

(d)

Such other data and certification as may reasonably be required by the Zoning Administrator (CEO) to reach a determination.

§ 155-118 Technical provisions - industrial performance standards.

All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

Administrative options. The Zoning Administrator (CEO) may, upon application submittal, approve and authorize the establishment of said use, building, or structure, provided that all pertinent provisions of this article, and other applicable local laws, are complied with. If however, the Zoning Administrator (CEO) determines that the proposed use, building, or structure requires a special use permit, site plan review, or use or area variance she/he shall forward all pertinent information to appropriate permitting board for review. The permitting board will determine if the proposed project will comply with performance standards, and may inform petitioner that either more information is necessary or that an independent engineer analysis of the proposed use, building, or structure is required.

Need for independent engineering analysis. If the permitting board determines that there is reason to doubt compliance with any applicable performance standard provision, a state licensed professional engineer of the municipal board's choosing — but acceptable to the applicant — may be asked to analyze the prospects of compliance. Costs of such analysis shall be borne by the applicant.

Use of independent engineering analysis. Upon submission of an independent engineering analysis authorized by the municipal board, the permitting board shall authorize establishment of the use, building, or structure if said independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other local laws and ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then said application shall be denied until such time that the proposal is able to fully comply.

Appeal of administrative determination. Action, or a lack of action by the permitting board, with reference to these performance standards may be appealed to the Village Zoning Board of Appeals.

Continued enforcement. The Zoning Administrator (CEO) shall investigate any purported violation of performance standards. To constitute a violation, a use, building, or structure must have been established subject to Article XV, § 155-16 and must be found to be operating in conflict with this provision. If a violation is alleged, the Zoning Administrator (CEO) shall inform the municipal board and the Chief Executive Officer of the industry allegedly in violation. The Village Board shall evaluate the claim and may initiate an independent engineering analysis consistent with the analysis procedure outlined in Article XV, § 155-117C and D to substantiate claim. Administrative determinations made in conjunction with said analysis may be appealed in the same manner heretofore outlined.

Mitigation. If an alleged violation is determined to be valid by the independent engineering analysis, the municipal board shall, with the assistance of the independent engineer, draft a reasonable timeline for the industry in question to institute corrective measures. Failure to correct the violation within the timeline established by the municipal board shall constitute an aggravated violation of this article and the penalty provision cited in Article XIII shall be imposed in accordance with state law.

Uses shall comply with the following:

Noise.

At no point along the boundary of a parcel on which a use is located shall the sound pressure level of any operation or plant exceed the decibel limits in the octave bands designated in the following charts. For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level shall be used. Sounds of short duration, which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with the following tables.

Maximum Permitted Sound Level In I-1
Octave Bank Frequency (cycles per second)	Decibels
0 through 74	67
75 through 149	59
150 through 299	52
300 through 599	46
600 through 1,199	40
1,200 through 2,399	34
2,400 through 4,799	32
4,800 and over	32

Maximum Permitted Sound Level In I-2
Octave Bank Frequency (cycles per second)	Decibels
0 through 74	58
75 through 149	54
150 through 299	50
300 through 599	46
600 through 1,199	40
1,200 through 2,399	33
2,400 through 4,799	26
4,800 and over	20

Exceptions: The following uses and activities shall be exempt from the noise level regulations in the I-1 and I-2 Districts:

Noises not directly under control of the property user of a temporary nature.

Noises emanating from construction and maintenance activities between 7:00 a.m. and 10:00 p.m. Such activities are those that are nonroutine operations accessory to the primary activities, and which are temporary in nature, or conducted infrequently.

(c)

The noises of safety signals, warning devices, and emergency pressure relief valves.

(d)

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

Vibration.

Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations in excess of the limits set forth in Column I (Frequency) or Column II (Displacement) of the following Tables is prohibited:

Maximum Permitted Steady-State Vibration Displacement Level In I-1 and I-2
I*	II*
Frequency (cycles per second)	Displacement (inches)
0 through 9	0.0008 - 0.0004
1 through 19	0.0005 - 0.0002
20 through 29	0.0003 - 0.0001
30 through 39	0.0002 - 0.0001
40 and over	0.0001 - 0.0001

NOTES:
*	Steady-state vibrations, for purposes of this article, are vibrations, which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses, which do not exceed 100 per minute, shall be considered impact vibrations, and shall not cause in excess of twice the displacement stipulated.

Maximum Permitted Impact Vibration Displacement Level In I-1 and I-2
I*	II*
Frequency (cycles per second)	Displacement (inches)
0 through 9	0.0016 - 0.0006
10 through 19	0.0010 - 0.0003
20 through 29	0.0006 - 0.0002
30 through 39	0.0004 - 0.0001
40 and over	0.0002 - 0.0001

NOTES:
*	Impact vibrations, for purposes of this article, are vibrations that occur in discrete impulses separated by an interval of at least one minute and numbering not more than eight in any 24-hour period.

Exceptions: The following uses and activities shall be exempt from the vibration level regulations:

Vibrations not directly under the control of the property user.

Vibrations emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. Such activities are those which are nonroutine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

(c)

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

Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the Zoning Administrator (CEO).

Smoke and particulate matter. The emission, from all sources within any lot or particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44 microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines).

Smoke emission. In the I-1 and I-2 Zone, the emission of more than 12 smoke units per stack in any one-hour period is prohibited. However, once during any six-hour period each stack shall be permitted up to 12 additional units in a fifteen-minute period for soot blowing and fire cleaning. Only during such fifteen-minute periods shall smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann No. 3 be permitted, and then only for fire cleaning and for not more than four minutes per period.

Particulate matter. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in the following table:

Maximum Permitted Particulate Matter Emission Rate In I-1 and I-2
Height of Emission (feet)	Pounds Per Hour (per acre)
0 through 49	1.00
50 through 99	1.01
100 through 149	1.06
150 through 199	1.10
200 through 299	1.16
300 through 399	1.30
400 and over	1.50

(3)

Method of measurement.

Smoke. For the purpose of grading the density or equivalent opacity of emission of smoke, the Ringelmann Chart shall be employed. For the purpose of determining smoke units the Ringelmann reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

Particulate matter. The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rate of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in the preceding table.

Odors. No continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than 15 minutes in any one day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. The measurement of the threshold odor shall be in accordance with the American Society for Testing and Materials Method DI391-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)" (Philadelphia: American Society of Testing and Materials, 1957). In addition the rules and regulations of the New York State Department of Environmental Conservation (6 NYCRR, Chapter 3, Sections 200-317) shall be complied with.

Radiation hazards. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with (a) the applicable regulations of the Atomic Energy Commission, and (b) the applicable regulations of the State of New York.

Fire and explosive hazards.

The provisions of the latest New York State Uniform Fire Prevention and Building Code, and other applicable New York State and federal regulations, shall be complied with, and no explosives shall be stored, used, or manufactured without first submitting to the Zoning Administrator evidence certifying compliance.

No gasoline or other flammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State of New York and have the approval of the Village of Westfield Fire Department.

Glare and heat.

Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky reflected glare shall emanate from any use or activity so as to be visible at any point on or beyond the boundary of the lot on which such use or activity is located.