[Added 6-17-2002 by L.L. No. 3-2002]
Performance standards, regulating industrial
development and activity within the Industrial (I-1) District and
Light Industrial (I-2) District, are intended to:
A.
Ensure that all industries institute practices that
protect the community from hazards and nuisances that are preventable
by legitimate processes of control and nuisance elimination.
B.
Protect industries from arbitrary exclusion from such
districts or reservation based solely on subjective determinations.
C.
Allow industrial operations to be measured factually
and objectively.
Performance standard provisions of this article
shall be applicable to any use established in the Industrial (I-1)
District or Light Industrial (I-2) District in either of the following
instances:
A.
If any use, building or other structure established
prior to the effective date of this article is extended, enlarged,
moved, structurally altered, or reconstructed, said changes in building
or land use or configuration shall be in full compliance with this
provision.
B.
Any use established, any building or structure constructed,
or tract of land developed for any permitted use allowed by right
or special use permit shall comply with all of the performance standards
herein set forth.
A.
Showing of probable compliance.
(1)
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)
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.
(b)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
A.
Noise.
(1)
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
|
(2)
Exceptions: The following uses and activities
shall be exempt from the noise level regulations in the I-1 and I-2
Districts:
(a)
Noises not directly under control of the property
user of a temporary nature.
(b)
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.
B.
Vibration.
(1)
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.
|
(2)
Exceptions: The following uses and activities
shall be exempt from the vibration level regulations:
(a)
Vibrations not directly under the control of
the property user.
(b)
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).
|
C.
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).
(1)
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.
(2)
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.
(a)
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.
(b)
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.
D.
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.
E.
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.
F.
Fire and explosive hazards.
(1)
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.
(2)
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.
G.
Glare and heat.
(1)
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.
(2)
This restriction shall not apply to signs otherwise
permitted by the provisions of the Zoning Chapter or other applicable
ordinances, not to activities of a temporary or of an emergency nature,
nor to night lighting necessary for safety and the protection of property.
H.
Electromagnetic interference. There shall be no electromagnetic
interference that adversely affects the operation of any equipment
other than that belonging to the creator of such interference, or
that does not conform to the regulations of the Federal Communications
Commission.
I.
Landscaping. A planted visual barrier may be required
to be maintained in yard areas that abut land upon which residential
structures exist or are permitted at the time of the special use permit
application except when natural or man-made barriers exist. This planting
barrier or visual screen shall have a width of no less than three
feet. It shall be of such plant materials that within a reasonable
period of time (five years) the vegetation barrier will provide a
high degree of separation and privacy on a year-round basis.