Unless specified to the contrary elsewhere in this chapter, the regulations and requirements specified in this Article
V apply in each and every zoning district within the Town.
No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this §
250-31. Continued conformance with these standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. These performance standards set specific controls on potential objections to negative external impacts from the operation of a use.
A. Containment devices. All activities involving the possibility of
contamination of surface water or groundwater shall be required to
have safety devices adequate to prevent any such contamination.
B. Flammable or explosive materials. All activities involving the manufacturing,
production, storage, transfer or disposal of flammable or explosive
materials shall require the provision of adequate safety devices against
the hazard of fire and explosion. Firefighting and fire suppression
equipment and devices shall comply with any applicable National Fire
Protection Association guidelines.
C. Electrical disturbance. No activities shall be permitted which emit
perceptible electrical disturbance or electromagnetic interference
adversely affecting the operation of any equipment other than that
of the creator of such disturbance, unless federal or state regulations
mandate that such operation be permitted.
D. Freeboard. Freeboard for all new buildings and substantial improvements
(i.e., all new buildings and their furnaces, utilities, ductwork,
etc.) must be elevated or floodproofed to a level at least two foot
above the base flood elevation.
E. Lighting.
(1) Purpose. Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Town. Accordingly, this §
250-31 is intended to assist property owners in their efforts to provide a safe and secure environment, control energy costs and keep unnecessary direct light from shining onto abutting properties or streets. It is also intended to reduce the problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor lighting fixtures may illuminate and by limiting the total allowable illumination on lots located in the Town.
(2) Spillover and glare. All lighting shall be designed so as to avoid
unnecessary, bothersome or unsafe spillover of light and glare onto
operators of motor vehicles, pedestrians and land uses in proximity
to the light source.
(3) Lighting standards.
(a)
Unless otherwise specifically provided herein, light sources
shall comply with this subsection, including the following standards:
|
Type of Light Sources
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
|
---|
|
Globe light
|
0.20
|
15
|
|
> 90% cutoff
|
0.75
|
25
|
|
< 90% cutoff
|
2.00
|
30
|
(b)
No direct or sky-reflected glare, whether from floodlights or
from high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line, shall be permitted.
(4) Illumination of walkways and outdoor areas. In order to better assure
that walkways, parking lots and other outdoor areas accessible to
the general public are safely illuminated at night, the following
minimum standards for outdoor lighting levels shall be adhered to.
These outdoor lighting levels are the minimum levels that are generally
considered adequate for the designated areas. Individual site lighting
requirements can vary considerably, however, and property owners are
ultimately responsible for ensuring that adequate illumination of
outdoor areas is provided. Any lights used to illuminate the exterior
of a single-family, two-family, multifamily, dormitory or other group
residence, or manufactured home park, or a commercial, industrial,
or other nonresidential space or parcel, including buildings, signs
and other structures, parking and pedestrian areas and landscaping,
shall be designed and installed such that:
(a)
Any luminaire with a lamp or lamps rated at a total of more
than 1,800 lumens, and any flood or spot luminaire with a lamp or
lamps rated at a total of more than 900 lumens, shall not emit any
direct light above a horizontal plane through the lowest direct light-emitting
part of the luminaire;
(b)
Any luminaire with a lamp or lamps rated at a total of more
than 1,800 lumens, and any flood or spot luminaire with a lamp or
lamps rated at a total of more than 900 lumens, shall be mounted at
a height equal to or less than the value 3 + (D/3), where D is the
distance in feet to the nearest property boundary; and
(c)
The maximum height of the luminaire may not exceed 25 feet.
(5) Exceptions. Exceptions to the above shall be:
(a)
Any luminaire with a lamp or lamps rated at a total of 1,800
lumens or less, and any flood or spot luminaire with a lamp or lamps
rated at 900 lumens or less, may be used without restriction as to
light distribution or mounting height, except that if any spot or
flood luminaire rated 900 lumens or less is aimed, directed or focused
such as to cause direct light from the luminaire to be directed toward
residential buildings on adjacent or nearby land, or to create glare
perceptible to persons operating motor vehicles on public ways, the
luminaire shall be redirected or its light output controlled as necessary
to eliminate such conditions.
(b)
Luminaires used for public roadway illumination may be installed
at a maximum height of 25 feet and may be positioned at that height
up to the edge of any bordering property.
F. Noise, vibrations, odors. All activities must comply with Chapter
185, Noise (Local Law No. 1 of 1990), as the same may be amended from time to time. Sounds emitted at levels lower than those prohibited by Chapter
185, Noise, shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood. No vibration shall be permitted which is detectable without instruments at the property line. Odors from any use shall not be discernible at or beyond the property line to the extent that they are reasonably obnoxious to a surrounding inhabitant within 500 feet of the property line.
G. Open burning. Burning of waste materials in an open fire shall be
prohibited.
H. Radiation. No activities shall be permitted which emit dangerous
radioactivity.
I. Safety plan. Details of any potential hazards and planned safety
and accident and containment response actions shall be provided by
the applicant; and if approvals are granted, then, along with any
other required conditions, the Planning Board may require that greater
front, side and rear yards and/or fencing be provided by the applicant.
J. Smoke, dust and other air pollution.
(1) There shall be no measurable emission of smoke, gas or other atmospheric
pollutant, except and unless as authorized by a permit granted pursuant
to applicable state and federal regulations which are not lawfully
superseded or preempted by any applicable Town permit or law, including
this chapter. In any event, the emission of one smoke unit per hour
and smoke with discernible density of No. 2 on the Ringelmann Smoke
Chart shall be prohibited. For the purpose of grading the density
of smoke, the Ringelmann Smoke Chart or EPA Method 9 or 22 shall be
used to determine the total smoke emitted. Where the Ringelmann method
is used, a reading shall be taken every minute for an hour or, if
for a shorter period than an hour, until the total smoke emitted exceeds
that allowed by these regulations. Each reading shall be multiplied
by the number of minutes during which it was observed and the product
added.
(2) Notwithstanding any provision hereof to the contrary, including without limitation the preceding Subsection
J(1), no emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling. Pollutants that are not regulated by the EPA or the DEC shall not be emitted if they pose a substantial risk to public health, safety or welfare.
(3) Properties shall be suitably improved and maintained with appropriate
landscaping, paving or other materials to minimize windblown dust
and other particulate matter.