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.
A. 
Noise.
(1) 
Method measurement. For the purpose of measuring the intensity and frequency of sound, sound level meters and octave band filters shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1.6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with Subsection A(2)(a), Preferred frequencies, and octave band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) shall use Subsection A(2)(b), Pre-1960 octave bands, below. Sounds of short duration, which cannot be measured accurately with the sound level meter, shall be measured with an impact noise analyzer in order to determine the peak value of the impact. For impact sounds measured with the impact noise analyzer, the sound pressure levels set forth in Subsection A(2)(a) and (b) may be increased by six decibels in each octave band.
(2) 
Maximum permitted sound pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point, on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following tables, except that where the lot lies within 200 feet of a residence district, whether within or without the Town, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level set forth in the table, and further, except that 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.
(a) 
Preferred frequencies.
Center Frequency
(cycles per second)
Maximum Permitted Sound Pressure Level
(decibels)
31.5
65
63
67
125
66
250
59
500
52
1,000
46
2,000
37
4,000
26
8,000
17
(b) 
Pre-1960 octave bands.
Octave Band
(cycles per second)
Maximum Permitted Sound Pressure Level
(decibels)
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 20,000
20
(c) 
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
[1] 
Noises not directly under the control of the property user.
[2] 
Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset.
[3] 
The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
[4] 
Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.
B. 
Vibration.
(1) 
Method of measurement. For the purposes of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.
(2) 
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Vibration Displacement
(inches)
Frequency
(cycles per second)
Steady-State
Impact
Under 10
0.0005
0.0010
10 to 19
0.0004
0.0008
20 to 29
0.0003
0.0006
30 to 39
0.0002
0.0004
40 and over
0.0001
0.0002
C. 
Smoke, dust and other atmospheric pollutants.
(1) 
General control. The emission of 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, welfare or comfort or a source of damage to property.
(2) 
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the products added.
(3) 
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited.
(4) 
Maximum permitted emission of dust.
(a) 
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per 1,000 pounds of flue gas adjusted to 50% excess air for combustion.
(b) 
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(c) 
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.
D. 
Odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.
E. 
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.
F. 
Radiation and electromagnetic interference.
(1) 
Radiation. The handling, storage or disposal of radioactive material or waste by-products, whether or not licensed by the Atomic Energy Commission,[1] shall be conducted only in accordance with the standards established in Code of Federal Regulations Title 10, Chapter I, Part 20, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
[1]
Editor's Note: Now the Nuclear Regulatory Commission.
(2) 
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 Town.
G. 
Fire, explosive hazard, heat and glare.
(1) 
Fire and explosive hazard. No storage or manufacture of explosives shall be permitted, nor shall solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat, under ordinary temperature conditions, be permitted.
(2) 
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. (0.5° C.) along any adjoining lot line, whether such change be in the ground or in any watercourse or water body.
(3) 
Glare. No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle. Flashing or intrinsically bright sources of illumination shall be prohibited.
H. 
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 Westchester County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
I. 
Vehicular traffic. No nonresidential use shall be permitted where it is determined by the Planning Board that 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 state or local highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses, or other factors affecting air pollution arising from mobile source activity.
A. 
In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
B. 
If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant, as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
C. 
During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.
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.