All industrial construction and operations permitted or authorized by Article II shall conform with the requirements of this article.
Property and buildings shall be so planned as to minimize disturbance
to adjacent property and present an agreeable appearance where visible
from any public road.
A.
An applicant shall provide the Zoning Inspector with a site plan
which shall clearly indicate the following:
(1)
Names and addresses of applicant, property owner, and designer of
the plan.
(2)
Date, North arrow, scale, contours at two-foot intervals.
(3)
Dimensions, area of the lot or tract, abutting property owners within
200 feet, and a lot and plat number.
(4)
Location and general exterior dimensions of existing and proposed
structures and signs.
(5)
Existing sewers, water mains, culverts and other underground appurtenances
within the lot or tract, pipe sizes, grades, manholes and locations.
(6)
Location, arrangement and dimensions of automobile parking spaces,
width of aisles, width of bays, angle of parking.
(7)
Location, arrangement, and dimensions of off-street loading spaces.
(8)
Location and dimension of any area proposed to be used for outdoor
storage of materials.
(9)
Location and dimensions of vehicular drives, entrances, exits, acceleration
and deceleration lanes; location and dimensions of pedestrian entrances,
exits, walks and walkways.
(10)
Adjacent streets and ways.
(11)
Drainage system and sanitary sewers.
(12)
Location, type, intensity of illumination, and height of all
outdoor lighting fixtures.
(13)
Sign locations.
(14)
Finished grades, slopes, banks, and ditches.
(15)
Landscaping, retained and created.
(16)
Location and extent of any wetlands.
B.
The Zoning Inspector may require a drawing of any building elevation
that faces a public road.
C.
When the Zoning Inspector deems the site plan submitted to be in
final form and acceptable, the applicant shall endorse each final
plan and drawing on its face with a notarized statement that the plan
or drawing is the plan or drawing that will be adhered to for the
proposed construction and development. One copy of each final plan
or drawing so endorsed shall be provided to the Zoning Inspector for
his permanent records.
A.
Noise.[1]
(1)
Noise shall be measured with a sound level meter meeting the standards
of the American National Standards Institute (ANSI S1. 1961) American
Standard Specification for General-Purpose Sound Level Meters. The
instrument shall be set to the A-weighted response scale and the meter
to the slow response. Measurements shall be conducted in accordance
with ANSI S1.2 (1962), American Standard Method for the Physical Measurements
of Sounds.
(2)
Table I specifies the noise limits that apply on or beyond adjacent
lot lines or zone boundaries outside the user's property. Noises shall
not exceed the maximum sound levels specified in Table I, except as
designated following Table I. Where more than one specified sound
level applies, the most restrictive shall govern. Measurements may
be made at points of maximum noise intensity.
|
Table I
Noise Level Restrictions
| ||
|---|---|---|
|
Maximum Permitted Sound Level*
(dBA)
|
Measured Across and Outside
| |
|
55
|
Rural, Farming, Residential District lot lines
| |
|
60
|
Industrial A District boundary lines
| |
|
65
|
Industrial B District boundary lines
| |
|
*
|
In any Rural, Farming and Residential Zones, the weighted sound
level shall not exceed 55 dBA between 7:00 a.m. and 7:00 p.m. and
shall not exceed 45 dBA between 7:00 p.m. and 7:00 a.m.
|
(3)
The levels specified in Table I may be exceeded by 10 dBA for a single
period, no longer than 15 minutes, in any one day.
(4)
For impact noise levels, the values in Table I, increased by 20 dBA,
shall apply. Impact noises shall be considered to be those noises
whose peak values are more than six dBA higher than the values indicated
on the sound level meter.
(5)
Exemptions. The following uses and activities 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 7:00 a.m. and 7:00 p.m., Monday through Saturday.
(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)
Ground-transmitted vibration shall be measured with an accelerometer
or complement of instruments capable of recording vibration displacement
and frequency, particle velocity, or acceleration simultaneously in
three mutually perpendicular directions.
(2)
Maximum permitted vibration levels.
(a)
No vibration at any time shall produce a maximum peak particle
velocity which exceeds the following values measured on or beyond
the appropriate lot or district boundaries given below:
|
Table II
Maximum Peak Particle Velocity
(inches/second)
| ||||
|---|---|---|---|---|
|
Measured On or Beyond
| ||||
|
Character of Vibrations
|
Adjacent Lot Line
|
Neighborhood or Highway Business District Boundary
|
Rural, Farming, Residential District Boundary
| |
|
Steady-state
|
0.10
|
0.05
|
0.02
| |
|
Impact
|
0.20
|
0.10
|
0.04
| |
|
*
|
Steady-state vibrations shall be considered as 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.
|
(b)
Between 7:00 p.m. and 7:00 a.m., all of the permissible vibration
levels indicated in the previous table for Rural, Farming, and Residential
District boundaries shall be reduced to 1/2 of the indicated values.
C.
Fire and explosive hazards. All operations, activities and uses shall
comply with applicable provisions of the Fire Safety Code of the State
of Rhode Island.
D.
Glare.
(1)
Illumination levels shall be measured with a photoelectric photometer
having a spectral response similar to that of the human eye, following
the standard spectral luminous efficiency curve adopted by the International
Commission on Illumination.
(2)
Uses subject to performance standards shall not produce glare so
as to cause illumination in Rural, Farming, and Residential Districts
in excess of 0.05 footcandle. Flickering or intrinsically bright sources
of illumination shall be controlled so as not to be a nuisance in
residential districts. Exterior lights shall reflect light away from
adjoining property in any Rural, Farming and Residential District.
(3)
Uses subject to performance standards shall limit the use of light
sources and illuminated surfaces within 500 feet of, and visible in,
a Rural, Farming and Residential District to comply with the light
intensities indicated below.
|
Table III
Maximum Intensity of Light Sources
| ||
|---|---|---|
|
Source
|
Intensity
| |
|
Bare incandescent bulbs
|
40 watts
| |
|
Illuminated buildings
|
30 footcandles
| |
|
Back-lighted or luminous background signs
|
250 footlamberts
| |
|
Outdoor illuminated signs and poster panels
|
50 footcandles
| |
|
Any other unshielded sources, intrinsic brightness
|
50 candles per square centimeter
| |
E.
Heat. Any use producing heat shall be shielded so that no increase
in the ambient temperature can be recorded on or beyond the property
line of any residential properties.
F.
Smoke and other forms of air pollution. All operations, activities
and uses shall comply with the Air Pollution Control Regulations of
the Rhode Island Department of Environmental Management issued under
the provisions of Title 23, Chapter 23 of the General Laws of Rhode
Island, as amended.
G.
Sewage and water-borne wastes.[2]
(1)
Sewage and water-borne wastes shall be disposed of in a manner acceptable
to the Director of the Rhode Island Department of Environmental Management,
and the design, installation and operation of all subsurface wastewater
disposal systems shall be approved by the Director of the Rhode Island
Department of Environmental Management.
(2)
Effluent discharges into a surface water body shall require issuance
of a National Pollutant Discharge Elimination System (NPDES) permit
by the United States Environmental Protection Agency and the Rhode
Island Department of Environmental Management.
H.
Radioactive materials. The handling of radioactive materials, the
discharge of such materials into the air and/or water, and the disposal
of radioactive wastes shall be in conformance with the applicable
regulations of the United States Nuclear Regulatory Commission and
rules and regulations for the controls of radiation established by
the Rhode Island Department of Health.
I.
Electrical interference. Electrical or electronic interference or
emissions induced by the operation of any electrical or electronic
equipment or device located on the property shall not be such as to
affect the operation of any electrical or other equipment or device
located off the property, or to affect the physical health of any
person on or off the property.
J.
Wetlands. Areas classified as "wetlands" by R.I.G.L. §§ 2-1-18
through 2-1-24, as amended, shall be subject to the provisions of
that law.
K.
Resource allocation. Development of the property shall take into
consideration the availability of water and energy supply and, to
the extent feasible, the developer shall make efficient use of such
resources.
A.
Screening of utilities. All transformers, meters or similar utility
apparatus shall be screened in such a manner as to prevent vision
of such equipment from any public road or adjacent property.
B.
Outdoor storage. Outdoor storage of equipment and material(s) shall
be screened by natural objects or an opaque hedge or fence at least
six feet in height in such a manner as to prevent visibility of such
equipment and material(s) from any public road or adjacent property.
There shall be no outdoor storage of equipment or materials between
any building and any public road.
When the Zoning Inspector has accepted the endorsed plans and drawings required by § 400-79C of this article, and becomes satisfied through the steps described in the remainder of this section that the proposed industrial operation will comply with the standards and regulations specified in §§ 400-80 and 400-81 of this article, the Zoning Inspector shall certify the project for issuance of a building permit. Such certification shall specify whether the location for which it is granted is the Industrial A or Industrial B Zone.
B.
Plans and specifications. The Zoning Inspector shall require the
submission of plans and specifications of any proposed machinery and
operations techniques to be used to meet the operating performance
standards. No applicant shall be required to reveal any secret or
proprietary processes.
C.
Review by the Zoning Inspector.
A.
Probable violations. In the event of a determination by the Zoning
Inspector that a probable violation of the performance standards has
occurred after the granting of a permit, a written notice of the probable
violation shall be sent by certified or registered mail to the owner
of the industrial use. The notice shall further state that upon the
continuation of the probable violation, technical determinations as
described in this chapter shall be made, and that if violations as
alleged are found, costs of such determinations, including the costs
of hiring qualified experts, shall be a charge against those responsible
for the violation, but that if it is determined that no violation
exists, the cost of the determination will be paid by the Town of
West Greenwich.
B.
Review by the Planning Board. Cases involving probable violations may be referred by the Zoning Inspector to the Planning Board. In such cases, the Planning Board shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed in § 400-80 of this article. The Planning Board shall make known its finding in writing to the Zoning Inspector and the owner of the industrial use.
C.
Violations.
(1)
If a violation actually occurred or exists, notice of such violation
shall be sent to the owner, owners or managers of the industrial use
by registered or certified mail.
(2)
The continued operation of an industrial use for longer than 15 days after a determination has been made that said use is not in conformance with the provisions of §§ 400-80 and 400-81 of this article is hereby declared to be a violation of this chapter and unlawful. The Town Solicitor shall promptly be advised of any such violation, and shall thereupon institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Re-compliance. An industrial use so charged and proven to have violated the provisions of this chapter shall not be allowed to resume operation until it has been issued a certificate of compliance by the Zoning Inspector. To obtain such certificate, the violator must prove to the satisfaction of the Zoning Inspector that the violation has been corrected and that all requirements of this chapter have been met. The Zoning Inspector may require changes in plans for land use, structures, or operations as may be necessary to assure compliance with this chapter and standards and limitations required in §§ 400-80 and 400-81 of this article.
E.
Change of use. Any change of use that violates or may potentially
violate a certification previously granted shall require a new application
for the new or altered use in accordance with the preceding sections
of this article.
