A.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy.
B.
Purpose of performance standards. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of all uses in order to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollution outside the building in which the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries of the site of the use.
(3)
Limit the discharge of treated wastes and prohibit the discharge of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion, radiation or any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic in order to prevent hazardous conditions, traffic congestion, and excessive noise in the streets.
C.
Noise. No noises shall be emitted in violation of Chapter 212 of the Code of the City of Newburgh. In addition, the following specific standards apply to noise:
(1)
Sound levels shall be determined at the lot line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter and constructed in accordance with specifications of the American National Standards Institute or other generally accepted standard for the measurement of sound.
(2)
No person, firm or corporation shall allow the emission of sound which, as measured at the lot lines, has a sound level in excess of:
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above 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.
(4)
Exemptions. The following shall be exempt from the noise level regulations:
(a)
Noises not directly under the control of the property user.
(b)
Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset, Monday through Friday.
(c)
The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
(d)
Bells or chimes from a church or other place of worship.
D.
Exterior illumination and 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. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties. The City Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.
E.
Review procedures. As a part of site plan review of potentially objectionable external aspects and therefore subject to these performance standards, the reviewing board may require the applicant, at his or her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will comply with these standards.