§ 70-184.5. Performance standards.

No land, building or structure may be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbances; glare or heat; liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects; or other dangerous or objectionable elements in an amount or manner as to adversely affect the surrounding area. Any use of land permitted under this Article may be undertaken and maintained if it conforms to all district regulations, including the regulations of this section referred to herein as performance standards. All uses of land in a Modified Planned Industrial Park District shall operate in conformance with the limitations set forth in each subsection below:

A. 

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line; nor shall any vibration produced exceed 0.002g peak, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.

B. 

Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility at nighttime exceed at the lot line the values given in Table I, set out hereafter, in any octave band of frequency. However, where the lot line adjoins or lies within 25 feet of the boundary of a residence district, the sound pressure levels of noise radiated at nighttime shall not exceed at the lot line the values given in Table II, set out hereafter, in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association.

(1) 

Table I: Maximum Permissible Sound Pressure Levels at the Lot Line for Noise Radiated Continuously from a Facility Between the Hours of 9:00 p.m. and 7:00 a.m.

(a) 

Table.

	Frequency Band (cycles per second)	Sound Pressure Level (decibels re 0.0002 dyne/cm2)
	20 - 75	69
	75 - 150	60
	150 - 300	56
	300 - 600	51
	600 - 1,200	42
	1,200 - 2,400	40
	2,400 - 4,800	38
	4,800 - 10,000	35

(b) 

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 III shall be added to or subtracted from each of the decibel levels given in Table I.

(2) 

Table II: Maximum Permissible Sound Pressure Levels at a Lot Line for Noise Radiated Continuously from a Facility Between the Hours of 9:00 P.M. and 7:00 A.M. Where the Lot Line Adjoins or Lies Within Twenty-Five Feet of the Boundary of a Residence District.

(a) 

Table.

	Frequency Band (cycles per second)	Sound Pressure Level (decibels re 0.0002 dyne/cm2)
	20 - 75	65
	75 - 150	50
	150 - 300	43
	300 - 600	38
	600 - 1,200	33
	1,200 - 2,400	30
	2,400 - 4,800	28
	4,800 - 10,000	26

(b) 

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 III which follows shall be added to or subtracted from each of the decibel levels given in Table II.

(3) 

Table III.

	Type of Operation in Character of Noise	Correction in Decibels
	Daytime operation only	Plus 5
	Noise source operates less than  20% of any 1-hour period	Plus 5*
	Noise source operates less than 5% of any 1-hour period	Plus 10*
	Noise source operates less than 1% of any 1-hour period	Plus 15*
	Noise of impulsive character (hammering, etc.)	Minus 5
	Noise of periodic character (hum, screech, etc.)	Minus 5

*NOTE: Apply one of these corrections only.

C. 

Air pollution, smoke, dust, fumes, particulate matter and threshold values. There shall not be discharged into the atmosphere from any source of emission whatsoever any air contaminant, combustion contaminant or particulate matter, excluding condensed steam, in violation of the standards and limitations set forth in the Air Pollution Control Law of the County of Nassau (Local Law No. 1-1967) or any other applicable law, ordinance, rule or regulation.

D. 

Odors. There shall not be discharged or permitted to escape into the atmosphere odors which shall be offensive to the public or which endanger public comfort, repose, health or safety, and the standards and limitations set forth in the Air Pollution Control Law of the County of Nassau (Local Law No. 1-1967) shall apply.

E. 

Electromagnetic radiation.

(1) 

It shall be unlawful to operate any equipment which as a source of electromagnetic radiation does not comply with the pertinent current rules and regulations of the Federal Communications Commission or any pertinent laws or ordinances of the State of New York and the County of Nassau, State of New York.

(2) 

If, in the opinion of the Building Official of the Town of North Hempstead, any equipment is believed to be a potential hazard or nuisance due to electromagnetic radiation, then such equipment shall not be operated without his approval unless certification is presented to the Town Attorney indicating that no hazard or nuisance does, in effect, exist as a result of the operation of said equipment.

(3) 

All certifications regarding radiation shall indicate the measurements and the interpretation of the field strengths. Certifications shall be made by a professional engineer skilled in this field. The Town shall require such engineer to furnish proof of his qualifications.

F. 

Fire and explosion. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and fire-fighting devices in accordance with the Fire Prevention Code of the Town of North Hempstead and the Nassau County Fire Marshal's office.

Editor's Note: See Ch. 22, Fire Prevention.

G. 

Radioactive materials. 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 One, Part 20, of the Standards for Protection Against Radiation, as amended, and all applicable regulations of the Town of North Hempstead.

H. 

Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line, shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this Article. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

I. 

Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream or into the ground of any liquid or solid materials except in accordance with the application regulations of the Town of North Hempstead and Nassau County.