Performance Standards

6.3 PERFORMANCE STANDARDS

1. All proposed uses of buildings, lots or premises within any District after the passage of this Ordinance shall conform to the following:
   1. The applicant, at his/her own expense, shall furnish evidence sufficient to satisfy the Building Official that the proposed use of the building or premises will not exceed the standards below.
   2. Any use in excess of the standards permitted below shall be considered a violation of this Ordinance.
2. Air Pollutants - Except as is herein provided, all use and conditions of land, buildings and structures shall be in conformance with the regulations of the Department of Environmental Management.
3. Noise - No noise shall be in excess of that permitted by the Town's Noise Ordinance.
4. Odor - Emissions from plant sites or other sources as measured at the user's property line shall not exceed the established threshold limit values for odors as outlined in T.M. Hellman and F.H. Small, Journal Air Pollution Control Association, 24(10), 979-982, 120 Town of Smithfield Article 6 – Supplementary Regulations Zoning Ordinance (1974); and amendments thereto added by the Manufacturing Chemists Association, Inc., Washington, D.C.
5. Heat, Glare and Vibration

   No heat, glare or vibration shall be discernible without instruments from the outside of any structure.

6. Waste Disposal, Water Supply and Water Quality

   Regulations of the Department of Environmental Management shall be met and, when required, approval shall be indicated on the application for a Building Permit. In no case shall discharge cause the waters of the receiving body to exceed the limits assigned by the Department of Environmental Management.

7. Storage
   1. All materials, supplies and equipment shall be stored in accord with the Fire Prevention Standards of the National Fire Protection Association and shall be screened from view from public ways or abutting properties and in compliance with the storage of hazardous materials as defined in Use H-1.
   2. All above ground fuel tanks shall be screened from public view by an opaque wall or fence or by a hedge or other natural planting of comparable opacity as ordered by the Building Official.
8. Exterior Lighting
   1. No exterior lighting, other than street lighting approved by the Town Council, shall shine on adjacent properties or toward any street.
   2. There shall be no exterior illumination of buildings or grounds in any Residential District, except as may be permitted for required parking areas, shall:
      1. Be permitted only for non-commercial uses open to the public, such as a church or playground.
      2. Shall be shown on a site plan approved by the Building Official.
      3. Any lighting shall be continuous and non-flashing.
9. Building Construction

   No building permit shall be granted unless the application for such permit is filed in accordance with the State Building code.

10. Erosion Control

    Whenever the existing contours of the land are altered, the land shall be left in usable condition, graded in a manner to prevent the erosion of soil and the alteration of the run-off of water to or from abutting properties, and shall be suitably landscaped, all in accord with the Smithfield Soil Erosion and Sedimentation Ordinance.

11. Electrical Interference

    No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

12. Construction Encroaching Upon the Flood Plain

    121 Town of Smithfield Article 6 – Supplementary Regulations Zoning Ordinance Any new construction or substantial improvements encroaching upon the flood plain, as defined in the Flood Insurance Study, Town of Smithfield, Rhode Island, Federal Emergency Management Agency, shall be designed, or modified and anchored to prevent flotation, collapse, or lateral movement of the structure.

13. Public Water and Sewer
    1. All dwellings in the Multi-Family District and all principal uses in the Village, Highway Commercial, Commercial, Industrial, and Planned Development Districts must be serviced by public water and sewers.
    2. Any use generating in excess of an average of three thousand (3,000) gallons of waste water per day is required to connect to a public sewer.
14. Earth Materials

    All sod, loam, sand, gravel, quarried stone, dredge material, construction materials, materials from demolished structures, or other such materials moved, removed, dredged, dug or quarried from, or brought into the Town for disposal, temporary storage, or for use as fill shall be certified by the Official, or his agent, as to the quality of the material and the location where it will be deposited, in or out of the Town, and shall be recorded with the office of the Building Official. All removal will be in accordance with the Town of Smithfield Earth Removal Ordinance.

15. Wind Energy Conversion Systems, Machinery and Equipment

    The system shall not cause interference with radio and/or television broadcasting or reception and shall comply with the provisions of 47 CFR Part 15 (Federal Communications Commissions) as it exists, or as it may be amended. The base of a windmill shall be set back from all property lines and principal buildings at least the setback distance shown on the "Wind Turbine Setback Graph" North East Solar Energy Center Report, March 1979.

16. Landscaping
    1. Landscaping required by this Ordinance will be in accordance with the Smithfield Landscaping Ordinance.
    2. Buffers shall be maintained as required by the Smithfield Landscaping Ordinance.