[HISTORY: Adopted by the Town Board of the Town of Mount Morris 12-21-2000 by L.L. No. 6-2000. Amendments noted where applicable.]
No nonresidential use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this chapter. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. Central utility systems serving three or more dwelling units, including but not limited to systems providing heat, water, air conditioning or electrical power, shall be deemed to be nonresidential uses for the purposes of this chapter.
Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of such nonresidential uses so as to:
A. 
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutant outside the building in which the use is conducted.
B. 
Control noise and light perceptible beyond the boundaries of the site of the use.
C. 
Prevent the discharge of untreated wastes into any watercourse.
D. 
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
E. 
Prevent physical hazard by reason of fire, explosion, radiation or any similar cause.
F. 
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise in the streets.
A. 
Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound-level meters and octave-band filters shall be employed. The flat network and the fast meter response of the sound-level meter shall be used. Octave-band analyzers calibrated in the preferred frequencies (American Standards Association S1.6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with the Table of Preferred Frequencies, and octave-band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) shall use with the Table of Pre-1960 Octave Bands below. Sounds of short duration, which cannot be measured accurately with the sound-level meter, shall be measured with an impact noise analyzer in order to determine the peak value of the impact. For impact sounds measured with the impact noise analyzer, the sound-pressure levels set forth in the tables may be increased by six decibels in each octave band.
B. 
Maximum permitted sound-pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point, on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following tables, except that where the lot lies within 200 feet of a residence district, whether within or without the town, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level set forth in the table and, further, except that such reduction shall also apply to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m. and all day Sunday.
Preferred Frequencies
Maximum Permitted Center Frequency
(cycles per second)
Sound-Pressure Level
(decibels)
31.5
65
63
67
125
66
250
59
500
52
1,000
46
2,000
37
4,000
26
8,000
17
C. 
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
(1) 
Noises not directly under the control of the property user.
(2) 
Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset.
(3) 
The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
A. 
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.
B. 
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:
Vibration Displacement
Frequency
(cycles per second)
Steady-State
(inches)
Impact
(inches)
Under 10
0.0005
0.0010
10 to 19
0.0004
0.0008
20 to 29
0.0003
0.0006
30 to 39
0.0002
0.0004
40 and over
0.0001
0.0002
A. 
General control. The emission of smoke and other particulate matter shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to property.
B. 
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
C. 
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. I on the Ringelmann Smoke Chart shall be prohibited.
D. 
Maximum permitted emission of dust.
(1) 
The emission of dust related to combustion for indirect heating from any course shall not exceed 0.30 pounds of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion.
(2) 
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(3) 
All properties shall be suitably improved and maintained with appropriate landscaping and paving or other type of improvement so that there will be no measurable windblown dust or other similar types of air pollution created.
No land use shall be permitted which emits any discernible obnoxious odor outside the lot on which the use is conducted. (Exception, see Chapter 20, Farm Life, Right to.)
No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the town.
No storage, utilization or manufacture of solid materials or solid products which burn actively and support combustion easily or which have a low ignition temperature, a high rate of burning or create great heat under ordinary temperature conditions shall be permitted.
There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.
A. 
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. Flashing or intrinsically bright sources of illumination shall be prohibited.
B. 
All uses shall limit the use of light sources and illuminated surfaces to comply with the light intensities indicated below:
Source
Intensity Residential District
Commercial District
Bare incandescent or neon-type bulbs
Not permitted
Not permitted
Illuminated buildings
Not permitted
30 footcandles
Backlighted or luminous background signs
Not permitted
250 foot lamberts
Outdoor illuminated signs
25 footcandles
50 footcandles
Any other unshielded sources, intrinsic brightness
50 candles per square centimeter
50 candles per square centimeter
C. 
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.
The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Livingston County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
For the purpose of preventing congestion in the streets; promoting the safe and efficient utilization of public transportation facilities; protecting air quality; promoting fuel conservation; and otherwise protecting the public health, safety and welfare, the following specific traffic standards are hereby established to serve as a guide for town officials and agencies in the review of applications for development approvals:
A. 
No decision shall be made to approve the construction of any development which would contain in excess of 20,000 gross square feet of new nonresidential floor space or 50 or more new residential dwelling units if the approving agency, acting on the advice of a qualified traffic engineer, determines that the result of such development will be to create one or more of the following peak-hour traffic impacts within two miles of any vehicular access point to the subject site during the first year of operation of the proposed project or, in the case of phased construction, during the first year of operation of any phase for which approval is sought:
(1) 
Allowance must also be made for traffic which is expected to be generated by other projects already approved or under construction within the town or within neighboring communities, as well as an additional allowance for general regional traffic volume changes.
(2) 
Estimated traffic generation must be distributed throughout the access network in accordance with clearly stated distribution assumptions determined acceptable by the approving agency.
(3) 
The capacity analysis of the intersections or mainline-highway section roadway system shall be calculated both with and without site-generated traffic. In analyzing such capacity, the applicant shall use methods generally recognized by national authorities, such as the Transportation Research Board of the National Academy of Sciences and/or methods accepted by the New York State Department of Transportation. Traffic capacity estimates may take into account improvements planned by the applicant or by others, provided that, in either case, a specific commitment to construct such improvements has been made.
Provisions shall be made for the safe and adequate circulation of pedestrians and vehicles within and adjoining the subject property. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the standards established in Table B.
Table B
Minimum Aisle Width
Parking Angle
(degrees)
(Feet)
One-Way
Two-Way
0 (parallel parking)
12
18
30
15
18
45
18
20
60
18
20
90 (perpendicular)
25
25
Parking stalls shall have a minimum area of 200 square feet of space, which shall measure 10 feet in width and 20 feet in length.
A. 
Except for attendant parking, all parking spaces shall be designed free and clear of any obstruction to individual parking stalls. Such parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators or other similar locations. Parking and loading areas shall be designed to permit each motor vehicle to proceed to and from the parking or loading space provided for it without requiring the moving of any other motor vehicle.
B. 
Aisle widths and circulation patterns shall be designed to permit emergency and service vehicles such as delivery trucks, solid waste collection vehicles and the like to have reasonable access to and space for their intended functions.
C. 
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
D. 
The use of pedestrian carts or other similar accessory vehicles shall not be permitted to be retained within the driving area of the parking facility.