Performance standards

• (a) Generally. Performance standards shall regulate noise, vibration, smoke, particulate matter, odor, gas, fire and explosive hazards, glare and heat, waste and radiation.

• (b) Application of performance standards. After the effective date of the ordinance from which this section derives, any use established or changed to and any building, structure or land developed or constructed for any permitted principal use or any use permitted as a special use permit or any accessory use shall comply with all of the performance standards set forth in this section for the district involved. If any existing use or building or other structure is expanded or enlarged, the performance standards for the district involved shall apply with respect to such expanded or enlarged portion of such use, building or other structure.

• (c) Enforcement of standards. If there is a determination of a probable violation of the performance standards subsequent to the granting of a permit, the building official shall send a written notice of the probable violation by certified mail to the property owner. The notice shall further state that, upon the continuation of the probable violation, a technical determination as described in this chapter shall be made by the town engineer or other qualified personnel, and that if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate. If it is determined that no violation exists, the cost of the determination will be paid by the town.

• (d) Performance standards. Specific performance standards shall be as follows:

  • (1) Noise.

    • a. Noise shall be measured from the nearest property line or zone boundary as shown in table 1 of this subsection. At the specified points of measurement, the sound pressure level of noise radiated continuously from other than background noises produced by nonindustrial sources such as vehicular traffic or other transportation shall not exceed the values given in table 1 in octave bands of frequency. The sound pressure level shall be measured by a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. American Standard Sound Level Meters for Measurement of Noise and Other Sounds, S1.4-1961 and American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1963, American Standards Association, Inc., New York, New York, shall be used.

    • b. The maximum permissible sound pressure levels at specified points of measurement for noise radiated continuously from a facility shall conform with the values in table 1.

    • c. The limits mentioned in this subsection are intended for normal continuous day-to-day operations. A variance to exceed these limits by a reasonable amount may be granted for temporary and shortterm operations during construction, maintenance or emergency conditions.

TABLE 1. ZONING DISTRICT NOISE STANDARDS

MAXIMUM ALLOWABLE OCTAVE BAND SOUND PRESSURE LEVELS

 

 

• • • d. If the noise is not smooth and continuous and is not radiated between the hours of 7:00 p.m. and 7:00 a.m., one or more of the corrections in table 2 following shall be added to or subtracted from each of the decibel levels given in table 1.

TABLE 2

 

*Apply one of these corrections only.

• • • e. If the noise occurs between the hours of 7:00 p.m. and 7:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in table 1.

  • (2) Vibration. For the purposes of this subsection, certain terms are defined as follows:

    • Frequency means the number of oscillations per second of a vibration.

      Impact vibrations means earthborne oscillations occurring in discrete pulses at or less than 100 per minute.

      Steady-state vibrations means continuous earthborne oscillations occurring more than 100 times per minute.

      Three-component measuring device means a device for the intensity of any vibration in three mutually perpendicular directions.

    • a. Method of measurement generally. For the purpose of measuring vibration, a three-component measuring system recognized as a standard for such purpose shall be used. Location and timing of measurements shall be used. Location and timing of measurements shall be arranged insofar as possible to exclude vibrations emanating from off the premises involved, or a correction factor reasonable under the circumstances shall be applied to compensate for off-premises vibrations.

    • b. Method of measurement for industrial districts. In industrial districts, steady-state or impact vibrations from any use shall not exceed at any point at or beyond district boundaries the levels set out in the table in subsection (d)(2)d of this section.

    • c. Method of measurement for all other districts. In all other districts, steady-state or impact vibrations from any use shall not exceed at any point at or beyond lot lines the levels set forth in the table in subsection (d)(2)d of this section.

    • d. Maximum permitted steady-state and impact vibration displacement. The maximum permitted steady-state and impact vibration displacement (in inches) shall be as follows:

      	Vibration Displacement (In Inches)
      Frequency (Cycles Per Second)	Steady State	Impact
      Under 10	0.0055	0.0010
      10—19	0.0044	0.0008
      20—29	0.0033	0.0006
      30—39	0.0002	0.0004
      40 and over	0.0001	0.0002

 

 

• • (3) Smoke. Emissions shall not exceed the standards of the state department of environmental management.

  • (4) Particulate matter. Emissions of particulate matter shall meet the minimum standards of the state department of environmental management. Any handling, transfer or storage of materials shall use the best available technology to control fugitive emissions of dust or other particulate matter migrating to off-site locations in any amount which may be injurious to human health, animals, vegetation or other forms of property or which cause any visible deposits or soiling at any point beyond the property lines. Such technology may include dust collection/suppression systems, wind guards and spraying of stockpiles with surfactants.

  • (5) Odor. Open storage of materials capable of becoming odoriferous either by bacterial decomposition or chemical reaction in such amounts as to be offensive to abutters shall be prohibited. Any process which may involve the creation or emission of any odors shall be provided with a secondary control system, so that control will be maintained if the primary system should fail. No odorous emission shall be permitted which is determined to be obnoxious or which unduly interferes with or prevents the comfortable enjoyment of life or property. The emission of noxious odorous matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is declared to be a public nuisance and shall be unlawful.

  • (6) Gas. No use shall emit noxious, toxic or corrosive fumes or gases in concentrations or amounts causing discomfort or injury to humans or harmful to vegetation or in excess of the maximum allowable concentrations permitted by the U.S. Environmental Protection Agency or the state department of environmental management.

  • (7) Fire and explosive hazards. All industrial uses and storage facilities shall be approved by the town fire marshall with regard to fire and explosive hazards.

  • (8) Glare and heat. Any operation or use producing heat or glare, as differentiated from interior illumination, shall be shielded so that no heat or glare can be recorded from the property boundary. Exterior lights shall reflect away from other properties and highways.

  • (9) Waste.

    • a. Wastewater. Effluent which is discharged into either the ground or sewers shall at all times comply with the standards of the state department of environmental management. Effluent from any industrial or commercial uses shall be collected by the public sewer system when such sewer passes or abuts the property on which the use is located. No effluent can be discharged into the sewer system which will in any way impair the functioning of the sewage treatment plant.

    • b. Waste management. All storage and transportation of hazardous waste, as defined by the U.S. EPA, shall be in accordance with the laws, rules and regulations of the state department of environmental management and town ordinances. The applicant shall indicate on development plans materials which will be used, stored, transported or generated which will be controlled by these regulations. Material safety data sheets for each compound shall accompany the application. The application shall indicate the location, amount and chemical composition of all such wastes. All hazardous waste shall be contained in appropriate vessels in fully enclosed structures.

  • (10) Temperature. No discharge shall raise the temperature of a receiving water in excess of 83 degrees Fahrenheit or above the normal temperature more than 1.6 degrees Fahrenheit from June 16 through September or more than 4 degrees Fahrenheit from October through June 16. All measurements shall be made at the boundary of the mixing zones, as defined by the state department of environmental management. In no case may a mixing zone cause a loss of or impair any existing or designated use.

  • (11) Groundwater, stormwater and surface water. Where deemed necessary by the town engineer, permanent groundwater monitoring wells shall be so specified. Such groundwater monitoring well installation shall include a provision for access, including any dedicated easements required, provided to the town for sampling purposes. The cost of all monitoring, sampling and analysis shall be borne by the property owner.

  • (12) Hazardous materials. All use, storage and transportation of extremely hazardous materials as defined by the EPA shall be in accordance with the laws, rules and regulations of the state department of environmental management and town ordinances. The applicant shall indicate on the development plans materials which will be used, stored, transported or generated which will be controlled by these regulations. Material safety data sheets for each compound shall accompany the application. The application shall indicate the location, amount and chemical composition of all such materials. All hazardous materials shall be contained in appropriate vessels in fully enclosed structures.

  • (13) Storage.

    • a. Generally.

      • 1. Except where open storage is permitted, storage of all vehicles, equipment, materials, supplies and products shall be stored in a fully enclosed structure complying with this article.

      • 2. Emergency response plans shall be prepared for all facilities handling or storing hazardous materials or materials deemed by the town to be a threat to the town's drinking water supply.

      • 3. No commercial buses, vehicles, trailers, cargo containers, or truck bodies shall be used for storage purposes. Motor vehicles or trailers used for temporary loading and unloading purposes, which are removed from the premises within five days from the vehicles' and trailers' arrival date, may be permitted.

      • 4. Interior storage of chemicals and fuel (stored in tanks, drums or other containers) shall be on an impermeable surface and surrounded by a dike or the floor sloped so that spilled material is collected in a holding tank. The capacity of the dike or tank shall be sufficient to contain 110 percent of the total volume of the containers or the volume of the largest container, whichever is greater.

    • b. Open storage. Where the open outdoor storage of vehicles, equipment, materials, supplies and products are permitted, the following shall apply:

      • 1. The open storage shall not occur within any required minimum front, side or rear setback. This shall not apply in the waterfront industrial district.

      • 2. The open storage shall not exceed the maximum height limitation of the district.

      • 3. All open storage areas shall be secured from unauthorized access.

      • 4. All open storage shall be contained and/or covered as necessary so as to prevent its movement or transport by act of nature, including leaching into the ground. Materials which are subject to erosion by water or leaching shall be contained within an impermeable barrier. Materials which are subject to erosion by wind shall be protected by effective cover or other treatment.

      • 5. Open storage shall be in such a manner that materials are not attractive to vermin.

      • 6. All open storage of any substance that can be moved or damaged by water or that is wholly or partly soluble in water shall be prohibited in the special flood hazard overlay district.

    • c. Open storage in waterfront industrial district. Open storage in the waterfront industrial district shall also comply with the following conditions:

      • 1. Open storage shall not exceed 35 feet in height. Stacked containers shall not exceed 35 feet in height. This shall not apply to cranes.

      • 2. Open storage of the following specific items is a permitted use:

        • i. Containers and motor vehicles.

        • ii. Construction materials such as lumber, plywood, particle board, wall board, roofing materials, cut stone, brick and other masonry products.

        • iii. Primary metal products such as iron or steel plates, beams, coils, rods, ingots and billets; copper or zinc slaps, ingots and wire; aluminum sheet, coils and wire.

        • iv. Forest products such as rolled paper, newsprint, Kraft paper, liner board and logs.

        • v. Riprap.

        • vi. Machinery and industrial equipment.

        • vii. Baled wastepaper or scrap paper.

      • 3. Open storage shall comply with all applicable regulations of the Federal Emergency Management Agency National Flood Insurance Program.

      • 4. The following materials may be stored in a waterfront industrial district, but must be stored in an enclosed environment and subject to the other sections of this chapter:

        • i. Dry bulk cargo, being loose, particulate or granular matter.

        • ii. Wood pulp, wood chips and unbaled wastepaper or scrap paper.

        • iii. General cargo not otherwise enumerated.

        • iv. LNG or LPG, in compliance with the National Fire Protection Association standards.

      • 5. Bulk storage of the following materials is prohibited in a waterfront industrial district:

        • i. Material subject to spontaneous decomposition or combustion.

        • ii. Solid waste, as defined by the state department of environmental management.

        • iii. Hazardous waste and hazardous substances as established by the United States Department of Transportation.

    • d. Exterior aboveground storage of liquid materials.

      • 1. All bulk storage of liquid materials shall be contained in a tank or vessel designed for the purpose and shall be located within an impervious containment structure and diked area conforming to the following:

        • i. The volume of the diked area shall be at least 110 percent of the volume of the largest tank contained therein, excluding the volume below the dike level occupied by any other tanks.

        • ii. The dikes and the entire area enclosed by the dikes including the area under the tanks shall be made permanently impervious to the types of products expected to be stored in the tanks. A tank cannot be switched from one product to another unless the containment and diked barrier is impervious to the new material being stored.

        • iii. Drainage of precipitation from within the containment and diked area shall be controlled in a manner that will prevent any toxic or hazardous or waste material from entering the ground, groundwaters or surface waters. Containment structures shall be separately drained, where practicable, to prevent accumulation of precipitation within the dike. Where roofing is not practical, the diked area should be designed with an additional capacity that is sufficient to contain precipitation from a 25-year rainfall event.

      • 2. Containers (e.g., drums) should be stored in a roofed containment structure within an impermeable base and dike. The containment structure should have sufficient capacity to contain 110 percent of the total volume of the containers. The base of the containment structure should be sloped or the containment system should be otherwise designed and operated to safely drain and remove liquids from leaks and spills. Where roofing is not practical, the containment structure should be designed with an additional capacity for accumulated precipitation from a 25-year rainfall event and the containers themselves covered with a weatherproof covering. Materials loading areas shall be inside the facility with drainage from the loading areas directed to the containment system.

      • 3. Storage of chemicals and fuel products should be in an area secured from vandalism.

(Ord. No. 98-7, 5-11-1998; Ord. No. 02-14, §§ 5, 6, 10-7-2002)