The purpose of this article is to provide performance standards
for the control of industrial uses. These standards are designed to
prevent public health and safety hazards, public nuisances and harmful
environmental impacts; to permit potential industrial nuisances to
be measured factually and objectively; and to ensure that all industrial
uses will provide methods to protect the Town from hazard which can
be prevented by processes of control and elimination.
A.
The provisions of this article shall apply to any industrial
uses located within the I1 and I2 Industrial Zoning Districts in Coventry
or those preexisting nonconforming uses in any other zoning district.
If any existing use, process, building or other structure is extended,
enlarged, moved, structurally altered or reconstructed, or any existing
use of land is modified in any way, these performance standards shall
become applicable.
B.
Performance standards shall be measured at the lot line at a
point nearest the use or process being measured.
C.
Industrial uses shall comply with all applicable zoning requirements. Property and buildings shall be designed and laid out to minimize adverse impacts on adjacent property by establishing adequate buffers and screening the use through such features as landscaping, fences, and plantings; suitably located points of traffic ingress/egress; and areas for loading and parking, which shall be screened and landscaped. (See Articles XII and XVII).
D.
If any local standards differ from state or federal standards,
the more stringent or restrictive standards shall apply.
A.
Before issuing a building permit for an industrial use, the
Building Inspector or Zoning Enforcement Officer shall certify any
proposed use, alteration or change to an existing use, compliance
of an existing use, whether permitted or nonconforming, for compliance
with this article. Before certifying compliance, the Building Inspector
or Zoning Enforcement Officer may consult with the Town Engineer,
Planner, or Fire Chief.
B.
Issuance of a building permit shall constitute certification
of compliance with the performance standards of this article. Any
modifications or alterations of the industrial use as permitted shall
be reviewed by the Building Inspector or Zoning Enforcement Officer.
A.
In order to determine the probable compliance of a proposed
use with this article, the Building Inspector or Zoning Enforcement
Officer shall require the applicant to submit:
(1)
Plans of existing or proposed construction and development;
(2)
Descriptions of existing or proposed machinery and products;
(3)
Specifications for the mechanisms and techniques used or proposed
to be used to adhere to these standards;
(4)
Measurements of the amount or rate of emissions of the items
referred to in these standards for existing industrial uses of the
applicant;
(5)
Certification by a registered professional engineer that the
proposed use shall comply with these standards;
(6)
An affidavit from the applicant acknowledging an understanding
of these standards and a continuing agreement to comply with them.
(7)
Demonstration of compliance with all other applicable articles
of this chapter.
B.
The applicant shall also submit a copy of the development plan
review application and plans to the Building Inspector or Zoning Enforcement
Officer.
C.
Failure to submit any data required by the Building Inspector
or Zoning Enforcement Officer shall constitute grounds for denying
a permit.
In the investigation of the compliance with these standards
by any existing or proposed use, the Building Inspector or Zoning
Enforcement Officer may require the owner or operator to provide a
study and report by an expert consultant as to the compliance with
these standards and, if necessary, advise as to how such existing
or proposed use can be brought into compliance with these standards.
The Building Inspector or Zoning Enforcement Officer may require
modifications or alterations in the existing or proposed construction
or the operational procedures to ensure that compliance with the performance
standards will be maintained. The owner or operator shall be given
a reasonable length of time to effect any changes prescribed by the
Building Inspector or Zoning Enforcement Officer for the purpose of
securing compliance with the performance standards.
The Building Inspector or Zoning Enforcement Officer shall investigate
any purported violation of these standards and, for such investigation,
may request that qualified experts be employed if a violation is found
to occur or exist. The owner or operator of the industrial use shall
be notified of a violation of these standards by certified mail. The
notice shall direct the owner or operator to bring the violating facility
or industrial use into compliance with these standards within a stated
time period determined by the Building Inspector or Zoning Enforcement
Officer. The notice shall state that upon continuation of the violation
beyond the stated time period, any costs associated with monitoring
the operation, including the costs of hiring qualified experts, shall
be paid by the violator.
If, after receipt of notice of violation pursuant to § 255-760,
and after the expiration of time provided to bring the violating industry
into compliance with these performance standards, the Building Inspector
or Zoning Enforcement Officer finds that the violation persists, any
permits previously issued shall be void and the owner or operator
shall be required to cease operation until such time as the Building
Inspector or Zoning Enforcement Officer determines that the violation
is remedied and these performance standards are met.
Appeals of the decisions of the Building Inspector or Zoning
Enforcement Officer concerning the performance standards shall be
made according to § 255-410B of this chapter.
B.
Sound pressure levels shall be measured with a sound-level meter
that conforms with the American Standards Specifications for Sound
Level Meters for measurement of Noise and Other Sounds, and with an
octave bank filter and analyzer that conforms to the American Standard
Specifications for an Octave Bank Filter Set for the Analysis of Noise
and Other Sounds, Z 24.10-1953.
C.
Traffic, aircraft, and other background noises shall not be
considered in measuring noise levels except when the background noise
is part of the noise being measured.
D.
Maximum permissible sound-pressure levels, nighttime operation.
|
Table 7-1
| |||
|---|---|---|---|
|
Pre-1960 Octave Band Frequency (Cycles per Second) Decibels
|
Preferred Frequency Octave Band Center Frequency (Cycles per
Second) Decibels
| ||
|
0 to 75
|
72
|
21.5
|
76
|
|
75 to 100
|
67
|
63
|
71
|
|
150 to 300
|
59
|
125
|
65
|
|
300 to 600
|
52
|
250
|
57
|
|
600 to 1,200
|
46
|
500
|
50
|
|
1,200 to 2,400
|
40
|
1,000
|
45
|
|
2,400 to 4,800
|
34
|
2,000
|
39
|
|
Above 4,800
|
32
|
4,000
|
34
|
E.
Maximum permitted sound-pressure levels daytime operation.
|
Table 7-2
| |||
|---|---|---|---|
|
Pre-1960 Octave Bands Octave Frequency (Cycles per Second) Decibels
|
Preferred Frequency Octave Bands Octave Band Center Frequency
(Cycles per Second) Decibels
| ||
|
0 to 75
|
77
|
21.5
|
81
|
|
75 to 150
|
72
|
63
|
76
|
|
150 to 300
|
64
|
125
|
70
|
|
300 to 600
|
57
|
250
|
62
|
|
600 to 1,200
|
51
|
500
|
55
|
|
1,200 to 2,400
|
45
|
1,000
|
50
|
|
2,400 to 4,800
|
39
|
2,000
|
44
|
|
Above 4,800
|
37
|
4,000
|
39
|
F.
Pressure levels, impulsive noises and periodic noise.
|
Table 7-3
| |||
|---|---|---|---|
|
Pre-1960 Octave Bands Octave Band Frequency (Cycles per Second)
Decibels
|
Preferred Frequency Octave Bands Octave Band Center Frequency
(cycles per Second) Decibels
| ||
|
0 to 75
|
67
|
21.5
|
71
|
|
75 to 150
|
62
|
63
|
66
|
|
150 to 300
|
54
|
125
|
60
|
|
300 to 600
|
47
|
250
|
52
|
|
600 to 1,200
|
41
|
500
|
45
|
|
1,200 to 2,400
|
35
|
1,000
|
40
|
|
2,400 to 4,800
|
29
|
2,000
|
34
|
|
Above 4,800
|
27
|
4,000
|
29
|
G.
Maximum permitted sound-pressure levels, noncontinuous operation.
For noncontinuous operation of noise sources, the following adjustments
shall be made to the decibel levels specified in § 255-7100D
through F to determine the appropriate maximum permissible sound-pressure
level.
A.
Ground-transmitted vibration 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. The maximum vector resultant
shall be less than the vibration displacement permitted. Particle
velocity may be measured directly or computed from the following formula:
|
displacement x frequency
|
Particle Velocity = 6.28 x
| |
|
(inches per second) (inches)
|
(Hertz)
|
B.
Vibration shall be measured at any adjacent lot line or zone
boundary.
C.
Steady-state vibrations are continuous vibrations or discrete
vibrations which have greater than 60 impulses per minute.
D.
Impact vibrations are noncontinuous vibrations with fewer than
60 impulses per minute.
All existing and proposed industrial uses emitting smoke or
particulate matter shall comply with the standards established by
the Rhode Island Department of Environmental Management.
Existing and proposed industrial uses shall not emit odor in
a concentration readily detectable above ambient levels at lot lines
without instruments.
Existing and proposed industrial uses shall not produce direct
or indirect glare so as to cause illumination in excess of 0.50 foot-candles
when measured from an adjacent residential district or public highway.
Existing and proposed industrial uses shall not emit heat in
quantities discernible above ambient levels at the lot lines without
instruments.
A.
No industrial use for any period of time shall discharge across
the boundaries of the lot wherein it is located toxic matter in such
concentrations as to be detrimental to or endanger the public health,
safety, comfort, or welfare, or cause injury or damage to property
or business.
B.
Existing and proposed industrial uses shall comply with the
ambient air quality standards governing the release of airborne toxics,
gases and fumes for the State of Rhode Island as set forth by the
Rhode Island Clean Air Act, R.I.G.L., 23-23, and by regulations of
the Rhode Island Department of Environmental Management.
C.
Airborne toxics shall be measured at the lot line at ground
level or at habitable elevations, and shall be the average of any
twenty-four-hour sampling period.
A.
No discharge shall occur at any point into any public or private
sewage disposal systems or streams, or into the ground, of any liquid
or solid materials, except in accordance with the regulations of the
Rhode Island Department of Environmental Management, and the United
States Environmental Protection Agency.
B.
For subsurface wastewater disposal systems, existing and proposed
industrial uses shall receive the approval of the Rhode Island Department
of Environmental Management for the design, installation and operation
of all subsurface wastewater disposal systems prior to receiving a
building permit.
C.
For surface water body discharges, existing and proposed industrial
uses shall obtain a National Pollutant Discharge Elimination System
(NPDES) permit from the United States Environmental Protection Agency
or the Rhode Island Department of Environmental Management prior to
receiving a building permit.
D.
All industrial uses shall provide information to the Planning Commission pursuant to Article XVI concerning the management of wastewater, sewage, and stormwater.
E.
All industrial uses shall develop a stormwater management plan
which is approved by the Planning Commission prior to receiving a
building permit. The management plan shall specify how the industrial
use will prevent the mixing of industrial wastes, oils, and greases
with stormwater runoff; low stormwater runoff from parking lots will
be arranged; and low stormwater runoff will be collected and discharged.
Industrial uses shall comply with the regulations of the United
States Nuclear Regulatory Commission and the Rhode Island Department
of Environmental Health governing the handling of radioactive materials,
the discharge of radioactive materials to air or water, and the disposal
of radioactive waste.
The use, storage, and manufacture of flammable or explosive
materials shall receive the approval of the Rhode Island State Fire
Marshal prior to receiving a building permit. Adequate safety, fire-fighting
and fire suppression devices shall be provided according to standard
industry practices.
A.
All hazardous materials used, created, stored above or below
ground, processed, disposed of by processing, diluting, burying or
containment, leaching or any other manner, or transported (including
piping) in the Town shall be used, stored or transported in accord
with all applicable federal, state, and local regulations, and shall
be subject to a special use permit granted in accordance with § 255-430.
B.
If any hazardous material is used, stored, transported or disposed
of at the site, the following standards shall apply:
(1)
Facilities with a capacity in excess of 1,000 gallons shall
be located more than 500 feet from all abutting property lines and
more than 100 feet from any building or structure.
(2)
Facilities with a capacity of 1,000 gallons or less shall be
located more than 200 feet from all abutting property lines and more
than 100 feet from any building or structure.
(3)
Any underground storage for a nonresidential, nonfarming use
shall be by a vaulted tank or tanks.
(4)
Prior to granting a special use permit for such an industrial
use, the Commission shall find that the use of the site will not endanger
the safety of residential or other properties in the area, that vehicular
access to the facility will be provided from major thoroughfares and
will not require the use of minor residential access streets for access
to the site.
(5)
An emergency plan shall be prepared by the applicant detailing
procedures, techniques, and equipment for fire fighting; location,
type, and volume of hazardous materials found on-site; evacuation
and warning in case of emergency; and shall be submitted to the Building
Inspector, and the local Fire Chief, along with site plans and building
plans prior to the negotiation of a siting agreement.
(6)
Siting standards for such facilities shall be complied with
as stated in § 255-930E.
