§ 103-72. Performance standards.

In all districts, all uses shall be subject to the following performance standards. Standard methods of collection and chemical analysis or any method approved by the United States Bureau of Standards shall be used in the application of these standards.

A. 

Any use which may be noxious or offensive by reason of the emission of odor, fumes, smoke, dust, gas, vibration or noise shall be prohibited.

B. 

(Reserved)

C. 

Dust and dirt. It shall be unlawful for any person to permit or cause to escape such quantities of soot, cinders or fly ash as to exceed 0.3 grain per cubic foot of flue gases at a stack temperature of 500° F. when measured at the top of the stack. Other kinds of dust, dirt and other particulate matter shall not be in excess of 0.3 grain per cubic foot of air as measured at the top of the stack and corrected to standard conditions, provided that if the top of the stack is 100 feet or more above the finished grade, the amount of particles of not more than 10 microns in size, if any, may be increased to an amount not in excess of 0.03(H/100) grains per cubic foot, corrected to standard conditions, where H is the height of the top of the stack above the finished grade.

D. 

Parking. There shall be no off-site parking of motor vehicles. Each land user must provide sufficient, suitable on-site parking spaces to prevent any necessity for off-site parking, as required by Article XIII.

E. 

Vibration. It shall be unlawful for any person to permit or cause, as a result of normal operations, a vibration which creates a displacement of plus or minus 0.003 of an inch as measured at the property lines.

F. 

Noxious gases. It shall be unlawful for any person to permit the escape of such quantities of noxious acids, fumes or gases in such a manner and concentration as to endanger the health, comfort or safety of any person or to cause or have a tendency to cause injury or damage to property, business or vegetation. The emission of sulfur dioxide, carbon monoxide, photochemical oxidants, hydrocarbons (nonmethane), nitrogen dioxide, fluorides, hydrogen sulfide and beryllium shall be within the air quality standards of the New York State Department of Environmental Conservation.

G. 

Glare. It shall be unlawful for any person to carry on a process causing a continuous direct or sky-reflected glare, whether from floodlights or from high-temperature process, such as combustion or welding, at such a location so as to cause glare or impair the vision of the driver of any motor vehicle.

H. 

Radioactive materials. It shall be unlawful for any person to permit the emission of such quantities of radioactive material, in any nature whatsoever, as to be unsafe under standards established by the United States Bureau of Standards.

I. 

Fire and safety hazards. All buildings, operations, storage, waste disposal, etc., shall be in accordance with applicable provisions of the latest published edition of the Fire Prevention Code issued by the National Board of Fire Underwriters. This provision shall not apply to one- or two-family dwellings.

J. 

Open storage. It shall be unlawful for any person to permit the open storage of any material, scrap or waste material without screening, such as a fence, hedge or other barrier at least six but not more than eight feet in height that makes the open storage invisible to persons passing in a normal manner any property line facing a public right-of-way. Location of said screening shall be subject to the front, side and rear yard restrictions; provided, however, that protective fencing, decorative planting, etc., shall not be subject to these restrictions. This provision shall not apply to one- or two-family dwellings.

K. 

It shall be unlawful for any person to kindle or maintain any fire for the purpose of disposing of or incinerating trash, garbage, leaves, green waste, refuse or rubbish unless a burning permit has been issued by the New York State Department of Environmental Conservation. Barbeque fires or fires for the cooking of food kindled by firewood or charcoal are permitted, but only in a fireplace or other fireproof container or barbeque pit. Campfires unrelated to cooking are permitted in approved campgrounds. Such campfires are also permitted in R-80 and R-40 Districts, but not within 150 feet of a neighboring dwelling unless permission has been granted by the owner of said dwelling. Said fires shall be in a fireplace, fireproof container or pit and shall not be located near or adjacent to any flammable materials or structures so as to create a fire hazard.

[Amended 9-9-1987; 8-10-2005 by L.L. No. 6-2005; 10-12-2005 by L.L. No. 7-2005]

L. 

Pollution of water.

(1) 

It shall be unlawful for any person to permit the pollution of surface water drainage or of groundwater in any manner that renders it less usable in quality and quantity for irrigation, swimming, drinking, visual attractiveness or whatever lawful uses may be made of water resources to persons downstream.

(2) 

The specifications and standards of the New York Department of Environmental Conservation with respect to floating solids, settleable solids, oil, sludge deposits, taste- or odor-producing substances, sewage or wastes effluent, pH. dissolved oxygen, toxic wastes deleterious substances and colored or other wastes or heated liquids (by stream classification) shall govern the contaminant levels within which any and all uses must perform.