In addition to all relevant provisions of other local, state
and federal laws, no use shall be established, maintained, altered,
moved, expanded or continued unless said use complies to the maximum
extent practicable with the following standards:
A. Noise. No noise shall exceed intensity, as measured from the boundaries
of the lot on which such use is situated, which exceeds levels normally
associated with activities allowed within the applicable zoning district.
In determining acceptable noise levels, the Planning Board shall rely
on local and county regulation, as well as criteria established by
the U.S. Federal Highway Administration, the U.S. Environmental Protection
Agency and the U.S. Department of Housing and Urban Development.
B. Atmospheric effluence. No unreasonable dust, dirt, smoke, noxious
odor or noxious gases shall be disseminated beyond the boundaries
of the lot on which such use is located.
C. Heat. No unreasonable heat shall be produced that is perceptible
beyond the boundaries of the lot on which such use is situated.
D. Industrial wastes. No solid or liquid wastes shall be discharged
into any public sewer, private sewage disposal system, stream, or
on or into the ground, unless in strict accordance with the standards
approved by the Dutchess County Department of Health or other duly
empowered agency.
E. Radioactivity or electromagnetic disturbance. No activities shall
be permitted which emit dangerous radioactivity beyond the building
in which such activity is located or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance.
F. Fire and explosion hazards. All activities involving, and all storage
of, flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and with adequate
fire-fighting and fire-suppression equipment and devices standard
in the industry. All burning of such waste materials in open fires
is prohibited.
G. Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot line; nor shall any vibration produced exceed 0.002
g peak at up to 50 cps frequency, measured at or beyond the lot line
using either seismic or electronic vibration-measuring equipment.
Vibrations associated with construction activities may exceed these
measurements only where the Planning Board has authorized said exceedances
in conjunction with special use, site plan and/or subdivision plan
approval and only in accordance with a blasting protocol approved
by same.
H. Glare. No direct glare shall be permitted and all lighting fixtures shall be shielded so that the angle of illumination is directed downward. Lighting shall conform to §
275-38 of this chapter.
I. Underground storage tanks. The installation, construction, or placement
of new underground storage tanks or containers of 1,100 gallons or
less for petroleum products, including their pipelines, or underground
storage tanks, pipelines, or containers for any other toxic chemical
is prohibited in connection with all uses, including home fuel storage
tanks for residential purposes. This subsection is intended to be
consistent with the requirements of the New York State Petroleum Bulk
Storage Code found in 6 NYCRR 613, which regulates storage tanks holding
1,100 gallons or more.
J. Mining material restriction. The importation, processing and/or stockpiling
of materials from off-site sources, including but not limited to other
mining operations within or outside of the Town of Pine Plains, shall
be prohibited unless said activities are associated with bona fide
construction activities on site conducted in accordance with an approved
building permit, site plan, subdivision plan or special use permit.
The Town of Pine Plains is a designated Greenway Compact Community.
During review of any subdivision, site plan, special permit, zone
amendment or petition or use variance application, the reviewing agency
shall consider an application's consistency with the principles set
forth in "Greenway Connections" in its decisionmaking process.
All requirements, procedures, and standards of Chapter
160, Flood Damage Prevention, of the Town Code shall be met for all areas identified by the Federal Emergency Management Agency on Flood Insurance Rate Maps.
Any activity requiring site plan, special use permit, or subdivision
plan approval that is proposed within 100 feet of a stream or its
banks shall be reviewed and approved by the Planning Board. No alteration,
whether by excavation, filling, grading, clearing, draining or similar
disturbance, shall be made that will negatively impact a stream. The
Planning Board, in its discretion, and based on a consideration of
the extent and type of disturbance to the stream and/or the adjoining
one-hundred-foot regulated area, may require submission of analyses
to determine how said disturbances affect the water level and flow,
recharge, drainage patterns, water quality, and aquatic ecosystems
associated with said stream. The Planning Board shall ensure that
any activity is conducted in a manner that minimizes potential environmental
impacts to the stream. Where the applicant must obtain a stream disturbance
or discharge permit from the NYSDEC, Planning Board approval shall
be conditioned on the agency's approval.