No nonresidential use shall hereafter be established, altered,
moved or expanded unless it complies with the performance standards
set forth in this article. Continued conformance with such standards
shall be a requirement for the continuance of any certificate of occupancy.
Central utility systems serving three or more dwelling units, including
but not limited to systems providing heat, water, air conditioning,
sewage treatment, garbage collection and electrical power, shall be
deemed to be nonresidential uses for the purposes of this article.
Consistent with the general purposes of this chapter, performance
standards shall set specific controls on potentially objectionable
external aspects of nonresidential uses so as to:
A. Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor or the atmospheric pollutant outside the building in which the
use is conducted.
B. Control noise perceptible beyond the boundaries of the site of the
use.
C. Prevent the discharge of untreated or insufficiently treated wastes
into any watercourse.
D. Prevent the dissemination of vibration, heat or electromagnetic interference
beyond the immediate site on which the use is located.
E. Prevent physical hazard by reason of fire, explosion, radiation or
any similar cause.
F. Regulate and control the generation and flow of vehicular traffic
so as to prevent hazardous conditions, traffic congestion and excessive
noise in the streets.
If, in the judgment of the Building Inspector or of the Town
Board, there is a violation of the performance standards:
A. The Building Inspector shall give written notice, by registered or
certified mail, with a copy to the Town Board, to the owner and tenants
of the property upon which the alleged violation occurs, describing
the particulars of the alleged violation and the reasons why it is
believed that there is a violation in fact, and shall require an answer
or correction of the alleged violation to the satisfaction of the
Building Inspector within 10 working days. The notice shall state,
and it is hereby declared, that failure to reply, or to correct the
alleged violation to the satisfaction of the Building Inspector within
the time limit, constitutes admission of a violation of this chapter.
The notice shall further state that, upon request of those to whom
it is directed, technical determinations of the nature and extent
of the violation as alleged will be made and that, if violation as
alleged is found, costs of the determinations will be charged against
those responsible, in addition to such other penalties as may be appropriate,
and that, if it is determined that no violation exists, costs of determination
will be borne by the Town.
B. If, within the time limit set, there is no reply, but the alleged
violation is corrected to the satisfaction of the Building Inspector,
he shall note "violation corrected" on his copy of the notice and
shall retain it among his records.
C. If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take action in accordance with §
355-76 of this chapter.