A.
Intent. The intent of industrial performance standards
is to classify industrial uses according to their environmental effects;
to permit possible industrial nuisances to be measured factually and
objectively; to protect industries from arbitrary exclusion based
solely on characteristics of the past; to establish standards with
which industrial uses are compelled to conform; and to establish districts
which provide for various levels of industrial activity necessary
to the economic base of the Town.
B.
Review. Review of the effects of an industry on its
environment is preferable during the planning stage in order to avoid
remedial action after a facility is constructed and in operation.
C.
Districts. In accord with the above, the two districts, I-1 and I-2, correspond generally to the traditional light and medium industrial categories, respectively. As neither district distinguishes between permitted industrial uses, their differences are defined primarily by the degree of performance required under the standards contained in §§ 450-89 through 450-97 below.
D.
General application.
(1)
The industrial performance standards contained herein
shall be the minimum standards to be met and maintained by all industrial
uses established after the effective date of this chapter. All existing
industrial uses which do not comply with these performance standards
may continue to operate but must not become more nonconforming. All
additions, expansions or changes in process shall conform to the applicable
performance standards in the respective districts.
(2)
Although these industrial performance standards relate
more directly to industrial uses, it shall be understood that no nonindustrial
use, in any district, shall exceed I-1 performance standards.
A.
AMBIENT STANDARD
DECIBEL (dB)
DETONABLE MATERIALS
EMISSION RATE
EQUIVALENT OPACITY
FLAMMABLE OR EXPLOSIVE MATERIAL
FLASH POINT
FOOTCANDLE
IMPACT NOISE
ODOR THRESHOLD
ODOR UNIT
PARTICULATE MATTER
RINGELMANN CHART
SMOKE
SOUND-LEVEL METER
SOUND-PRESSURE LEVEL
STANDARD CUBIC FEET
TOXIC OR NOXIOUS SUBSTANCE
VIBRATION, IMPACT
VIBRATIONS, STEADY-STATE
WEIGHTED SOUND LEVEL
As used in this article, the following terms shall
have the meanings indicated:
A limit on the intensity of an environmental pollutant as
measured at a receptor point rather than at the source.
A unit which describes the sound-pressure level or intensity
of sound. A sound-level meter is calibrated in decibels.
Materials which decompose by detonation. Such materials include
explosives, unstable compounds and fissionable matter.
The release per unit time of air pollutants from a given
source.
The density of light obscuration of any smoke or plume that
most closely matches the smoke shade on the standard Ringelmann Chart.
A material which produces flammable or explosive gases or
vapors under ordinary temperature conditions.
The lowest temperature at which a flammable liquid will momentarily
burn under prescribed conditions.
A unit of illumination equal to the light flux which falls
on a one-square-foot area one foot distant from a light source of
one candlepower.
A sound of short duration such as that from a forging hammer
or punch press.
The lowest concentration of odorous matter that produces
an olfactory response in normal human beings.
A unit of odor strength. It is the amount of an odorous material
in one cubic foot of clean air that is just detectable by 50% of a
panel of human observers.
Material other than water, which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
A chart originally published in the United States Bureau
of Mines Circular No. 7718 (August 1955) on which density of equivalent
opacity of smoke is illustrated by increasingly dense shades of gray
(zero equals clear; five equals opaque).
Small gasborne particles other than water that form a visible
plume in air.
An electronic instrument which includes a microphone, amplifier
and output meter which measures sound-pressure levels in a specified
manner.
The intensity of a sound measured in decibels.
The measure of the volume of a gas, reduced to 14.73 pounds
per square inch absolute and 60° F.
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists containing properties which
by chemical means are inherently harmful and likely to destroy life
and impair health or are capable of causing injury to the well-being
of persons or damage to property.
Earthborne oscillations occurring in discrete pulses at less
than 100 per minute.
Continuous earthborne oscillations. Discrete pulses occurring
100 or more times per minute are usually considered steady-state vibrations.
The sound-pressure level in decibels, read on a sound-level
meter using the A filter. The A filter attenuates the incoming sound
to approximate the sensitivity of the human ear.
B.
Abbreviations. As used in this article, the following
abbreviations shall have the meanings indicated:
|
mg
|
—
|
Milligram, or 1/1,000 gram
| |
|
ug
|
—
|
Microgram, or 1/1,000,000 gram
| |
|
ppm
|
—
|
Parts per million
| |
|
ppb
|
—
|
Parts per billion
| |
|
m3
|
—
|
Cubic meter
| |
|
mo.
|
—
|
Month
|
[Amended 10-27-2014 by L.L. No. 7-2014]
A.
Declaration of policy. The Town Board of the Town of Newstead hereby
declares its intent to prevent unreasonably loud and disturbing noise
and sounds that are electronically generated and/or amplified and
determined by the Board to be of a character, intensity or duration
as to be detrimental to the peace, health, welfare or good order of
the people of the Town of Newstead. The Town Board intends to improve
and promote the quality of life in our community, and in the exercise
of its lawful enforcement in this regard, the Town Board does hereby
enact the following section. It is the intent of the Town Board that
this section will be constructed so as to effectuate the purpose described.
B.
AMBIENT NOISE LEVEL
C-WEIGHTED SOUND PRESSURE LEVEL
DECIBEL (DB)
EMERGENCY
EMERGENCY SIGNAL DEVICE
EQUIVALENT CONTINUOUS SOUND PRESSURE LEVEL (LEQ)
NOISE and NOISE DISTURBANCE
NOISE-SENSITIVE ZONE
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
STATIONARY NOISE SOURCE
UNREASONABLE NOISE
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources. Man-made sounds shall be included in the ambient noise
level if they originate from permanent continuously operating equipment
necessary for the facility or residential operation. An example of
one such sound is air conditioning or fan units.
The sound pressure level in decibels as measured on a sound
level meter, using the C-weighting network, by a trained operator.
The level so read is designated "dB(C)" or "dBC."
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals).
A public disaster or an exposure of any person or property
to imminent danger.
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by Subdivision 26
of § 375 of the New York State Vehicle and Traffic Law.
A calculated sound pressure (noise) level of an imaginary
continuous constant amplitude signal, within a given time interval,
that would produce the same energy as the fluctuating sound level
that is being measured.
For the purpose of this section, shall mean any increase
in the ambient noise level or any sound which exceeds the sound pressure
levels, set forth in this section and has been generated by electronic
or amplified means.
Any area designated pursuant to this section for the purpose
of ensuring exceptional quiet.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network.
An instrument, which includes a microphone, amplifier, RMS
detector, integrator, output meter and frequency weighting networks,
for the measurement of noise and sound pressure levels which conforms
to the American National Standards Institute (ANSI) Type I or Type
II standards.
In decibels, 20 times the logarithm to the base 10 of the
ratio of the pressure of the sound to the reference pressure, which
reference pressure of 20 micropascals.
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
Any excessive or unusually loud electronically generated
and/or amplified sound which either disturbs, injures or endangers
the peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unreasonable noise
exists in a given situation include but are not limited to the following:
C.
Methods of measurement.
(1)
Noise measurements shall be made with a sound-level meter manufactured
according to the specifications of the American National Standards
Institute, Type 2, class 2 accuracy, S1.4, IEC 61672, 60651 and S1.43,
IEC 60804 or any subsequent nationally adopted standard superseding
the above standards.
(2)
Sound measurements shall be made from the specific position of the complainant on the premises from which noise complaints are received and shall be made at a height of at least three feet above the ground and three feet away from walls, barriers, obstructions or other sound-reflective surfaces. Measurements shall be taken per the sound level meter conditions specified in Subsection E.
D.
Enumeration of unnecessary and unreasonable noises.
(1)
No person shall make, continue or cause to be made, or continued,
any excessive electronically generated and/or amplified noise after
the time limitations listed in this section. Under no circumstances
shall a citizen of the Town of Newstead be exposed to excessive electronically
generated and/or amplified noise exceeding the limits specified herein.
(2)
The following acts, among others, are declared to be excessive, disturbing,
unnecessary and unreasonable noises in violation of this section,
but any enumeration herein shall not be deemed to be exclusive:
(a)
Bands, musical instruments, radios, etc., producing electronically
generated and/or amplified sound. The electronic generation and/or
amplification of music by any band, orchestra, radio, phonograph,
musical instrument or other device for the production or reproduction
of sound. The operating of any such electronically generated and/or
amplified band, instrument or device between the hours of 11:00 p.m.
and 9:00 a.m. without such permission and in a manner as to be plainly
audible on adjacent properties shall be prima facie evidence of a
violation of this section.
E.
Maximum permissible sound levels by receiving land use.
(1)
No person shall operate or cause to be operated on private property
any source of sound electronically generated and/or amplified in such
a manner as to create a sound level which exceeds the noise level
(LCeq) limits set forth for the receiving land use category below
when measured at or within the property boundary of the complainant
receiving land use. The LCeq shall be measured with a digital integrating
sound meter with the following settings: Weighting - C, Meter response—Fast,
Data logging one second, run time (integration or averaging time interval)for
continuous noise sources (active for two minutes or longer) no shorter
than one minute or longer than two minutes.
(2)
These limits or five dBC above the ambient noise level, whichever
is greater, shall apply.
|
Receiving Land Use
|
Time of Day
|
LCeq Noise Limit
| |
|---|---|---|---|
|
All land use
|
9:00 a.m. to 11:00 p.m.
|
80 dB
| |
|
All land use
|
11:00 p.m. to 9:00 a.m.
|
65 dB
|
F.
Exceptions. The requirements, prohibitions and terms of this section
shall not apply to:
(1)
Any authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
(2)
The operation of any vehicles or equipment when responding to an
emergency or a declared general state of emergency (e.g., civil defense
or storm).
(3)
Those activities of a temporary duration permitted by law and for
which a license or permit therefore has been granted by the Town,
including but not limited to parades, fireworks displays and publicly
co-sponsored races and events. Activities in public parks, playgrounds
or public buildings (including schools) under permission or authority
of the Town.
(4)
The production of music in connection with a military or civic parade,
funeral procession or religious ceremony, or any musical performance
conducted under consent of the appropriate municipal authority.
(5)
Sounds emanating from any publicly sponsored and/or authorized sporting,
entertainment or other public event such as carnivals, fairs, exhibitions,
picnics or parades, provided that such events shall take place between
the hours of 9:00 a.m. and 11:00 p.m. local time.
(6)
The sound created by bells or chimes associated with a church, synagogue
or other place of public worship.
(7)
The sound created by any governmental agency or by the use of public
warning devices.
(8)
Any activity for which the Town Board grants an exception upon application
by the proponent thereof.
(9)
Activities of the Town or Volunteer Fire Companies in the performance
of their duties, drills or public demonstrations.
(10)
Any acts that were booked prior to the effective date of this
section. Any person who requests an exception under this provision
must provide documentary evidence as to the prior booking of the act.
G.
Administration and enforcement. The Town of Newstead shall administer
this section and enforcement shall be by the Town of Newstead Code
Enforcement Officer, the State Police, the Erie County Sheriffs or
other police officer having jurisdiction and/or other properly trained
official approved by the Town Board through developed measurement
standards, testing methods and procedures that provide for the effective
implementation and enforcement of this section.
(1)
Issuance of summons. Violation of any provision of this section shall be cause for a summons to be issued by the Code Enforcement Officer according to procedures set forth in Subsection H, Penalties for offenses.
(2)
Abatement orders: In lieu of issuing a summons, the Code Enforcement
Officer may issue an order requiring abatement of any source of sound
alleged to be in violation of this section within a reasonable time
period and according to guidelines which the Building Inspector may
prescribe.
(a)
An abatement order shall not be issued when the Code Enforcement
Officer has reason to believe that there will not be compliance with
the abatement order.
(3)
Tampering: The moving or rendering inaccurate or inoperative of any
sound monitoring instrument or device positioned by the Town or its
designated employee or agent is prohibited, provided such device or
the immediate area is clearly labeled to warn of the potential illegality
of such tampering.
H.
Penalties for offenses.
(1)
Any person who violates any portion of this section, or uses any
device which creates a violation of this section, shall be guilty
of a violation and, upon conviction, shall be punished by a fine of
not less than $250 nor more than $500 or by imprisonment for up to
15 days, or both.
(2)
The owner of any property and any person, firm, association or corporation in control of the real property where the violation(s) of this chapter occur(s) shall be guilty of a separate violation and, upon conviction thereof, shall be fined or imprisoned as herein provided above in Subsection H(1). If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
(3)
Other remedies. No provision of this section shall be construed to
impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from any other law.
A.
Vibration, as used in these performance standards,
refers to ground-transmitted oscillations. They shall be measured
with a seismograph or complement of instruments capable of recording
vibration displacement and frequency particle velocity or acceleration
simultaneously in three mutually perpendicular directions.
B.
Maximum permitted vibration levels. Table I designates
the applicable columns of Table II that apply on or beyond adjacent
lot lines within the zone and on or beyond appropriate district boundaries.
Vibration shall not exceed the maximum permitted particle velocities
of Table II. Readings may be made at points of maximum vibration intensity.
|
Table I
| ||||
|---|---|---|---|---|
|
District
|
Adjacent Lot Line
(within zone)
|
District Boundaries
(on or beyond)
|
Residential District Boundary
| |
|
I-1
|
C
|
B (commercial only)
|
A
| |
|
I-2
|
—
|
B (M-1 and commercial only)
| ||
|
Table II
Maximum Peak Particle Velocity
(inches/second)
| ||||
|---|---|---|---|---|
|
Vibration
|
A
|
B
|
C
| |
|
Steady-state
|
0.02
|
0.05
|
0.10
| |
|
Impact
|
0.04
|
0.10
|
0.20
| |
C.
For purposes of these performance standards, steady-state
vibrations are vibrations which are continuous or vibrations in discrete
impulses more frequent than 60 per minute. Discrete impulses which
do not exceed 60 per minute shall be considered impact vibrations.
D.
Between the hours of 7:00 p.m. and 7:00 a.m., all
of the permissible vibration levels indicated for residential district
boundaries (Column A) shall be reduced to 1/2 of the indicated values.
A.
DUST AND PARTICULATE MATTER
As used in this section, the following terms shall
have the meanings indicated:
Fine particles, either solid or liquid, which are small enough
to be dispersed and carried in the air.
B.
The following air-quality standards shall apply in
the I-1 and I-2 Industrial Districts.
|
Type of Particulates
|
I-1
|
I-2
| |
|---|---|---|---|
|
Settleable
| |||
|
During any 12 consecutive months, 50% of the
values of the 30-day average concentrations shall not exceed
|
0.30
mg/cm2/mo.
|
0.30
mg/cm2/mo.
| |
|
During any 12 consecutive months, 84% of the
values of the 30-day average concentrations shall not exceed
|
0.45
mg/cm2/mo.
|
0.45
mg/cm2/mo.
| |
|
Suspended
| |||
|
During any 24-hour period, average concentrations
shall not exceed
|
250
ug/m3
|
250
ug/m3
| |
|
During any 12 consecutive months, 50% of the
values of the 24-hour average concentrations shall not exceed
|
45
ug/m3
|
55
ug/m3
| |
|
During any 12 consecutive months, 84% of the
values of the 24-hour average concentrations shall not exceed
|
70
ug/m3
|
85
ug/m3
|
|
Source: New York State Ambient Air-Quality Standards.
|
A.
SMOKE
As used in this section, the following terms shall
have the meanings indicated:
Small gasborne particles other than water that form a visible
plume in air.
B.
For the purpose of grading the density or equivalent
opacity of smoke, the Ringelmann Chart, as published by the United
States Bureau of Mines, shall be used. These provisions, applicable
to gray smoke, shall also apply to visible smoke of a different color
but with an equivalent apparent opacity.
(1)
I-1 District. In the I-1 District, the emission of
smoke darker than Ringelmann No. 1 from any chimney, stack, vent,
opening or combustion process is prohibited.
(2)
I-2 District. In the I-2 District, the emission of
smoke darker than Ringelmann No. 1 from any chimney, stack, vent,
opening or combustion process is prohibited. Smoke of a shade not
to exceed Ringelmann No. 3 is permitted for up to three minutes total
in any one eight-hour period, provided that there is no deposition
of soot in a residential district.
The variety of responses to a given odor makes
it difficult to define an "objectionable odor." Event those considered
pleasant can become undesirable as a result of continuous exposure.
Thus, odors, whether pleasant or objectionable, come under the following
standards. The method of measurement is that developed by the American
Society of Testing and Materials (D1391)26 or its equivalent.
A.
I-1 District. Odorous material released from any operation
or activity shall not exceed the odor threshold concentration beyond
the lot line, measured either at ground level or habitable elevation.
B.
I-2 District. Odorous material released from any operation
or activity shall not exceed the odor threshold concentration at or
beyond the district boundary line measured either at ground level
or habitable elevation.
A.
The ambient air-quality standards for the State of
New York Level III shall be the guide to the release of airborne toxic
materials across lot lines. Where toxic materials are not listed in
the ambient air-quality standards of the State of New York, the release
of such materials shall be in accordance with the fractional quantities
permitted below of those toxic materials currently listed in the Threshold
Limit Values adopted by the American Conference of Governmental Industrial
Hygienists. Unless otherwise stated, the measurement of toxic matter
shall be at ground level or habitable elevation and shall be the average
of any twenty-four-hour sampling period.
B.
Light Industrial District I-1. In the I-1 District,
the release of airborne toxic matter shall not exceed 1/30 of the
threshold limit value across lot lines.
C.
General Industrial District I-2. In the I-2 District,
the release of airborne toxic matter shall not exceed 1/30 of the
threshold limit value beyond the district boundary line.
A.
The storage, utilization or manufacture of materials
or products which decompose by detonation shall conform to local,
state and federal laws and licensing procedures.
B.
Such materials shall include, but are not limited
to, all primary explosives such as lead azide, lead styphnate, fulminates
and tetracene; all high explosives such as TNT, RDX, HMX, PETN and
picric acid; propellants and components thereof such as dry nitrocellulose,
black powder, boron hydrides, hydrides, hydrazine and its derivatives;
pyrotechnics and fireworks such as metallic powder, potassium chlorate,
potassium nitrate and ammonium nitrate; blasting explosives such as
dynamite and nitrogylcerine; unstable organic compounds such as acetylides,
tetrazoles and ozonides; and unstable oxidizing agents such as perchloric
acid, perchlorates, organic perozides and hydrogen peroxide in concentrations
greater than 35%.
The storage, utilization or manufacture of flammable
liquids, gases or solids shall be in accordance with the New York
State Uniform Fire Prevention and Building Code.
[Amended 12-29-2015 by L.L. No. 7-2015]
Illumination from operations and activities can be disturbing
to neighbors. Any operations, activity or use shall be conducted so
that direct or indirect illumination from the source of light shall
not exceed six lux/0.6 foot candle as measured from any property line.
Installation of shields or reorientation of light sources may be required
to eliminate glare across lot lines.
Permit issuance procedures shall be as follows:
A.
Application. Data to be provided by the applicant
for a building permit shall include but is not limited to:
(1)
Plans of the proposed construction, including site
plan review procedures.
(2)
A description of the proposed machinery, processes
and products.
(3)
Specifications for mechanisms and techniques proposed
in restricting possible emissions of any of the dangerous or objectionable
elements set forth above.
(4)
Measurements of the amount or rate of emission of
said dangerous or objectionable elements.
B.
Review.
(1)
The Building Department and Planning Board shall review
plans and other documentation in connection with all applications
subject to industrial performance standards.
(3)
Additional data. The Building Department may require
any person, firm or corporation to retain an expert consultant or
consultants to study and report as to compliance or noncompliance
with the performance standards and to advise how a proposed use can
be brought into compliance. Such consultant shall be fully qualified
to give the required information and shall be persons or firms mutually
agreeable to the Building Department and to the owner or operator
of the use in question. In the event of inability to select a mutually
agreeable consultant, the Building Department shall make the selection.
The cost of the consultant's services shall be borne by the applicant.
C.
Issuance of permits. Within 30 days following receipt
of all required evidence, including receipt of the reports of expert
consultants, the Building Department shall make a determination as
to compliance or noncompliance with the performance standards. If
the use is in compliance, the Code Enforcement Officer shall authorize
the issuance of appropriate permits.
D.
Continued enforcement.
(1)
The Building Department shall investigate any purported
violation of the performance standards and, upon reasonable grounds
for the same, shall notify the Town Board of the occurrence or existence
of a probable violation thereof. The Town Board shall investigate
the alleged violation and for such investigation may request the employment
of qualified experts. If it is found that a violation occurred or
exists, a copy of said findings shall be forwarded to the offender
who shall, in turn, be given a reasonable length of time to bring
the violation into compliance.
(2)
The services of any qualified experts, employed by
the Town to advise in establishing a violation, shall be paid by the
violator if said violation is established, otherwise by the Town.
E.
Cancellation of permits. If, after the conclusion
of the time granted for compliance with the performance standards,
the Town Board finds the violation is still in existence, any permits
previously issued shall be void, and the operator shall be required
to cease operation until the violation is remedied.
