No nonresidential use shall hereafter be maintained,
established, altered, moved or expanded unless it complies with the
performance standards set forth in this Article. Continued conformance
with such standards 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 and electric power, shall be deemed
to be nonresidential uses for the purposes of this Article.
Consistent with the general purposes of this
chapter, performance standards shall set specific controls on potentially
objectionable external aspects of business and industrial 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 perceptible beyond the boundaries of
the site of the use.
C.
Prevent the discharge of untreated or insufficiently
treated 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.
No loud, irritating, unusual or otherwise objectionable
noise will be permitted beyond the lot line of any nonresidential
installation. No noise-producing operations will be permitted between
the hours of 10:00 p.m. and 8:00 a.m. In case of dispute, the following
standards shall apply:
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. Octave band analyzers calibrated with
pre-1960 octave bands (American Standards Association 224.10 -1953
Octave Band Filter Set) shall be used. Sounds of short duration which
cannot be measured accurately with the sound-level meter shall be
measured with an impact noise filter in order to determine the peak
value of the impact.
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 table, except
that where the lot lies within 200 feet of a residence district, whether
within or without the Village, 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 Sundays.
|
Octave Band
(cycles per second)
|
Sound-Pressure
Level
(decibels)
|
|---|---|
|
0-74
|
66
|
|
75-149
|
58
|
|
150-299
|
55
|
|
300-599
|
50
|
|
600-1,199
|
45
|
|
1,200-2,399
|
42
|
|
2,400-4,799
|
38
|
|
4,800-20,000
|
35
|
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.
(4)
Transient noises of moving sources such as automobiles,
trucks, airplanes and railroads.
With the exception of vibration necessarily
involved in the construction or demolition of buildings, no vibration
shall be transmitted outside the lot where it originates so as to
impair safety on, or the value and reasonable use of, any other lot.
None will be allowed between the hours of 10:00 p.m. and 8:00 a.m.
A.
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the Village
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 on any lot line with a vibration displacement by
frequency bands in excess of that indicated in the following table:
|
Vibration Displacement
(inches)
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Steady State
|
Impact
|
|
Under 10
|
0.0005
|
0.0010
|
|
10-19
|
.0004
|
.0008
|
|
20-29
|
.0003
|
.0006
|
|
30-39
|
.0002
|
.0004
|
|
40 and over
|
.0001
|
.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 units emitted. A reading shall be
taken every minute for an hour or, if less than an hour, until the
total smoke units emitted exceed the number 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 objectionable emission of smoke, gas or other atmospheric pollutant.
The emission of one smoke unit per hour and smoke with discernible
density of No. 1 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 source 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 objectionable 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
objectionable odor which is discernible beyond a lot line of the property
in question.
No use shall be permitted which will cause dissemination
of toxic or noxious matter outside the building in which use is conducted,
which may pose a threat to the health and welfare of others.
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 significant electromagnetic interference with normal radio or
television reception in any area within the Village.
Storage of explosives shall be permitted only
if stored in a suitable magazine meeting the requirements of New York
State. Storage of materials which would create an unusual fire hazard
shall be permitted only if approved for safety by the Village of Fishkill
Fire Chief.
There shall be no emission of heat which would
cause a temperature increase in excess of 5° F. along any adjoining
lot line, in any watercourse or water body.
The discharge of any or all wastes shall be
permitted only if in complete accordance with all standards, laws
and regulations of the Dutchess County Department of Health, 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.
No nonresidential use shall be permitted where
it is determined by the Village Board that the type and number of
vehicle trips it is estimated to generate would be expected to produce
unusual traffic hazards or congestion from mobile source activity.
A.
In the case of any application for the establishment
of a use subject to the performance standards, the Planning Board
may require the applicant, at his own expense, to provide such evidence
as it deems necessary to determine whether the proposed use will conform
to said standards.
B.
If the Planning Board deems it necessary, expert advice
may be obtained, with the cost of such advice paid for in advance
by the applicant as a condition of further consideration of his application.
The report of any expert consultants shall be promptly furnished to
the applicant.
C.
During the course of site plan review, the Planning
Board will determine if the applicant's proposal will conform to the
performance standards.
[Amended 5-24-2010 by L.L. No. 6-2010]
If, in the judgment of the Code Enforcement
Officer or the Planning Board or the Village Board, there is a violation
of the performance standards:
A.
The Code Enforcement Officer shall give written notice,
by registered or certified mail or by personal service by a Village
police officer, to the owner and tenants of the property upon which
the alleged violation occurs, describing the particulars of the alleged
violation and the reasons why it is believed that there is a violation
in fact, and shall require an answer or correction of the alleged
violation to the satisfaction of the Code Enforcement Officer within
a reasonable time limit set by said Officer. The notice shall state,
and it is hereby declared, that failure to reply or to correct the
alleged violation to the satisfaction of the Code Enforcement Officer
within the time limit constitutes admission of a violation of this
chapter. The notice shall further state that, upon request of those
to whom it is directed, technical determinations of the nature and
extent of the violation as alleged will be made, and that, if violation
as alleged is found, costs of the determinations will be charged against
those responsible, in addition to such other penalties as may be appropriate,
and that, if it is determined that no violation exists, costs of determination
will be borne by the Village.
B.
If, within the time limit set, there is no reply but
the alleged violation is corrected to the satisfaction of the Code
Enforcement Officer, he shall note "violation corrected" on his copy
of the notice and shall retain it among his records.
C.
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, he shall proceed to take action in accordance with Article XIII of this chapter.
[Amended 8-27-2012 by L.L. No. 10-2012]
