§ 9.1. General requirements.

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise, or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electromagnetic, or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectional elements"). Any nonresidential use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this article limiting dangerous and objectionable elements at the point of the determination of their existence.

9.1.1.  Uses requiring performance standards procedure. All nonresidential uses and uses accessory thereto shall be subject to the performance standards procedure as specified in section 9.1.3 in obtaining a zoning permit unless the building inspector has reasonable grounds to believe that another proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedure.

9.1.2.  Enforcement provisions applicable to other uses. Even though compliance with performance standards procedure in obtaining a building permit is not required for some particular uses, initial and continued compliance with the performance standards themselves is required of every use, and provision for enforcement of continued compliance with performance standards shall be invoked by the building inspector against any use if there are reasonable grounds to believe that performance standards are being violated by such use.

9.1.3.  Performance standards procedure. An application for a building permit or a certificate of occupancy for a use subject to performance standards procedure shall include a plan of the proposed construction and a description of any proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in section 9.1. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential.

9.1.4.  Performance standards regulations.

9.1.4.1.  Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.

9.1.4.2.  Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot line; nor shall any vibration produced exceed 0.002g peak at up to 50cps frequency, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50cps frequency or aperiodic vibrations shall not induce accelerations exceeding 0.001g. Single impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.0g.

9.1.4.3.  Noise. The maximum sound pressure level radiated by any use or facility (other than transportation equipment) at any lot line shall not exceed the values in the designated octave bands given in table I, after applying the corrections shown in table II, below. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York, as updated, shall be used.)

TABLE I

Maximum permissible sound pressure levels at any lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.

Frequency Band   (cycles per   second)	Sound Pressure Level (decibels re 0.0002 dyne/cm )
20—74	69
75—49 [149]	60
150—299	56
300—599	51
600—1,199	42
1,200—2,399	40
2,400—4,799	38
4,800—10,000	35

 

If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in table II shall be applied to the decibel levels given in table I.

TABLE II

Type or Location of Operation   or Character of Noise			Correction (decibels)
(1)	Daytime operation only		+ 5
(2)	Noise source operates less than:
	(a)	20 percent of any one-hour period	+ 5*
	(b)	5 percent of any one-hour period	+10*
	(c)	1 percent of any one-hour period	+15*
(3)	Noise of impulsive character (hammering, etc.)		- 5
(4)	Noise of periodic character (hum, screech, etc.)		- 5

 

*Apply one of these corrections only.

9.1.4.4.  Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than no. 2 on the Power's Micro-Ringelmann Chart, published by the U.S. Department of Interior, Bureau of Mines, Information Circular 8333, May 1967, except that visible grey smoke of a shade equal to no. 2 on said chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity. All applicable state or local laws shall apply.

9.1.4.5.  Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors part I, "Odor Thresholds for 53 Commercial Chemicals," available from Manufacturing Chemists' Association, Inc., Washington, D.C. 20009, and as subsequently amended from time to time.

9.1.4.6.  Fly ash, dust, fumes, vapors, gases, other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling, at any point on the property of others; and in no event any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air.

9.1.4.7.  Electromagnetic radiation. The following standards shall apply: It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power of [or] telephone lines. The determination of "abnormal degradation in performance" and of "quality and property design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence and principles shall apply: (1) American Institute of Electrical Engineers, (2) Institute of Radio Engineers, and (3) Electronic Industries Association.

9.1.4.8.  Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission as set forth in title 10, chapter 1, part 20, Standards for Protection Against Radiation, as amended; and all applicable regulations of the State of New York.

9.1.4.9.  Heat. For the purposes of this ordinance, heat is defined as thermal energy of a radiative, conductive or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of ten degrees Fahrenheit, whether such change be in the air or the ground, in a natural stream of [or] lake, or in any structure on such adjacent property.

9.1.4.10.  Glare.

(a)

Direct glare. Direct glare is defined for the purpose of this ordinance as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60 degrees drawn perpendicular to the ground, with the exception that such angle may be increased to 90 degrees if the luminary is less than four feet above the ground. Such luminaries shall be placed not more than 24 feet above ground level and the maximum illumination at ground level shall not be in excess of six footcandles.

(b)

Indirect glare. Indirect glare is defined for the purpose of this ordinance as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare which is produced by an illumination of the reflecting surface shall not exceed:

0.6 footcandles (maximum).

0.3 footcandles (average).

Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.

9.1.4.11.  Liquid or solid wastes. No discharge, including but not limited to radiological, chemical, or biological wastes, shall be permitted at any point into any public sewer, private sewage disposal system, or stream, or into the ground, except in accord with standards approved by the state department of health or department of similar control, of any materials of such nature or temperature that may contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects permitted.