§ 70-188. Additional conditional uses., Article XX. Industrial B District, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Storage or sale of petroleum or other inflammable liquids; bulk storage of inflammable liquids.

Concrete recycling operation conforming to the following:

(1)

The minimum plot area shall be no less than 30,000 square feet.

(2)

All crushing operations shall be conducted within an enclosed building and comply with the following:

(a)

Sound attenuation is required to prevent noise levels from exceeding 90 decibels at the property line of the crushing operation;

(b)

Sound attention is required to prevent noise levels from exceeding 65 decibels at the property line of the nearest residential use or district, school, hospital or place of worship.

(3)

Air quality, street cleaning and dust control measures shall comply with the following:

(a)

Any stockpiled material capable of passing a No. 10 sieve must be in a building or enclosure and may not be stored outdoors;

(b)

Storage piles and emissions from processing machinery shall be abated by water sprayers daily if contained indoors, twice daily if contained outdoors or more frequently when wind speeds are in excess of 20 miles per hour;

(c)

Outgoing trucks shall be washed prior to leaving the property of a crushing operation;

(d)

No such facility shall be permitted to emit from any source an emission equal to or greater than 20% opacity as measured by an opacity-sensing device;

(e)

The property shall be swept and cleaned daily, or more often if necessary, to prevent visible dust from leaving the property;

(f)

All trucks transporting concrete and recycled concrete to and from the site are to be covered;

(g)

All visible dirt tracked out of the property onto public roads shall be removed at least once daily employing methods to control fugitive dust;

(h)

All stormwater and water used for abating stockpiles and machine emissions is required to be retained on site and directed toward drainage infrastructure. Drainage infrastructure must be appropriately sized to handle the retention of five inches of rainfall, as well as the anticipated volume of water used for abatement;

(i)

Idling times shall be minimized either by shutting off equipment when not in use or reducing the maximum idling time to five minutes; and

(j)

In the event diesel generators/equipment are to be used within a building, the facility must be in compliance with the latest version of the New York State Uniform Fire Prevention and Building Code.

(4)

All concrete that is accepted for crushing shall meet the requirements of the NYSDEC definition of "uncontaminated," which is defined in 6 NYCRR 360 as construction and demolition debris that is not mixed or commingled with other solid waste at the point of generation, processing or disposal, and that is not contaminated with spills of a petroleum product, hazardous waste or industrial waste. Contamination from spills of a petroleum product does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway.

(5)

Crushing activities may only commence between the hours of 8:00 a.m. and 6:30 p.m. on weekdays, and 9:00 a.m. and 5:00 p.m. on Saturdays.

(6)

No building used for the housing of such use may exceed 50 feet in height.

(7)

Parking, truck queuing and on-site circulation shall conform to the following:

(a)

Off-street parking shall be provided at one stall per 800 square feet of building area;

(b)

Truck queuing areas shall be provided for a minimum of three trucks; and

(c)

Truck circulation plans depicting the necessary turning radii and clearances shall be submitted.

Yard waste acceptance and processing facility.

[Added 3-19-2019 by L.L. No. 6-2019]

(1)

No person or public agency other than the Town of North Hempstead Solid Waste Management Authority may conduct, operate or use any Piece or parcel of land within the Town of North Hempstead as a yard waste acceptance and processing facility without having first obtained a permit approved by the Town Board as described in § 70-225 of the Town Code and an authority transfer station license as described in § 46-4, along with any other permit required by law. Only those persons and entities possessing a license pursuant to Chapter 38A of the Town Code are permitted to dispose of yard wastes at a yard waste acceptance and processing facility.

(2)

A parcel used as a yard waste acceptance and processing facility shall conform to the following:

(a)

The minimum plot area shall be no less than 120,000 square feet; and

(b)

The property must be no less than 100 feet from a residential district or use; and

(c)

The property may not be within 1/2 mile of any surface water body, man-made or natural, or DEC-designated wetland; and

(d)

Opaque fencing of 10 feet in height shall surround the perimeter of the yard waste acceptance and processing facility; and

(e)

The lot and on-site buildings shall be kept free of vectors, including, but not limited to, rodents, insects and other pests, and of any condition conducive to vectors. Written confirmation of engagement of a New York State certified exterminator at least quarterly and upon complaint shall be available at all times.

(3)

All activities involving loading or unloading trucks, grinding and/or chipping of wood and/or trees processing, and/or sorting of materials must be within a structure.

(a)

All indoor waste, tipping, sorting, processing, loading, and storage areas shall include fire detection and suppression in accordance with the most recent version of the New York State Uniform Fire Prevention and Building Code.

(b)

The enclosure shall be thoroughly cleaned, swept, washed and deodorized within three hours at the end of each business day.

(c)

All waste received at the yard waste acceptance and processing facility must be removed on the same day by 11:59 p.m.

(d)

Ventilation shall be provided, capable of automatically neutralizing odors through the exhaust system as air is ventilated from the enclosed building. Perfuming agents are not permissible.

(4)

Air quality and dust control measures must be undertaken, including:

(a)

Odors shall be controlled by the use of Industrial odor-neutralizing spray misters installed at the property boundary of the yard waste acceptance and processing facility. The specific type of odor-neutralizing agent to be used must be identified to the Town Board at the time a permit is applied for pursuant to this section. Perfuming agents are not permissible; and

(b)

All on-site drainage systems impacted by a yard waste acceptance and processing facility are to be kept clear of debris, and treated every three months with odor-neutralizing and bacteria-inhibiting solution; and

(c)

All visible dirt tracked out of the yard waste acceptance and processing facility onto public roads shall be fully removed at least once per day, using wet power vacuum street sweepers or a power street sweeper. In the event that a power street sweeper is used, without a wet wash technology incorporated into its functionality, then the supplemental use of a power washer shall be required as well, to ensure the proper flushing of the roadway and right of ways; and

(d)

Stockpiles of materials that create airborne fugitive dust shall be abated by water sprayers.

(5)

Wastes to be received at a yard waste acceptance and processing facility shall be subject to the following:

(a)

A yard waste acceptance and processing facility may only accept yard waste as defined in § 70-231.

(b)

Information regarding the disposal method of materials other than yard wastes found in wastes brought to the yard waste acceptance and processing facility must be provided, including method of transport and identities of receiving facilities.

(c)

No hazardous wastes may be accepted at a yard waste acceptance and processing facility.

(d)

No food wastes may be accepted by a yard waste acceptance and processing facility.

(6)

Composting or anaerobic digestion are not permitted at a yard waste acceptance and processing facility.

(7)

Delivery of yard wastes at a yard waste acceptance and processing facility may only occur between the hours of 6:00 a.m. and 7:00 p.m. during weekdays, 8:00 a.m. to 4:00 p.m. on weekends.

(8)

A truck queuing and on-site circulation plan shall be submitted with the special use application conforming to the following:

(a)

Truck queuing areas shall be provided for a minimum of 20 landscaping trucks;

(b)

The plan must show the ability of the site to handle the largest truck anticipated for the purposes of delivery or pickup of materials; and

(c)

The circulation plan must demonstrate the site can accommodate emergency vehicles of any size and must show that the vehicles are able to access all portions of the property.

(9)

Truck routing plans are required to be submitted for the Town Board's consideration conforming to the following:

(a)

A truck routing plan must show legal truck routes to and from a yard waste acceptance and processing facility and the nearest thoroughfare able to accommodate commercial vehicles; and

(b)

The proposed truck routes must limit traffic through residential neighborhoods to the greatest extent practicable.

(c)

A yard waste acceptance and processing facility must inform drivers who use the facility about the legal truck routing plan. The Town will not hold a yard waste acceptance and processing facility responsible for the actions of drivers who do not follow the legal truck routing plan unless the driver is employed by that same yard waste acceptance and processing facility.