The purpose of this Article is to provide performance standards in the control of commercial and industrial uses in the Town of Middletown. These standards are designed to prevent health and safety hazards, public nuisances, and harmful effects upon the natural environment. They are also designed to permit potential industrial nuisances to be measured factually and objectively, and to ensure that all commercial and industrial uses will provide methods to protect the Town from hazards which can be prevented by processes of control and elimination.
If any standards are established by local or State building or fire codes, by local waste water or solid waste Ordinances, by any department or agency of the State of Rhode Island or by any Federal agency, which conflict with the standards specified in this Article, the more stringent or restrictive standards shall apply. (back to top)
The provisions of this Article shall apply to any commercial or manufacturing use located anywhere within the Town of Middletown, and shall also apply to any use established in any commercial or manufacturing zoning district.
Performance standards for any use or process operating in LI (Light Industry) District shall be measured at the zoning district boundary at a point nearest the use or process being measured.Performance standards for any use or process operating in any district other than LI shall be measured at the lot line at a point nearest the use or process being measured. (back to top)
The administration of the performance standards herein set forth is charged to the zoning officer. Any proposed use or process, alteration or change to an existing use or process, or determination of compliance for an existing use or process, either as a permitted use or a nonconforming use, shall be reviewed by the zoning officer who shall determine compliance or noncompliance herewith.
Subsequent to a study of the use, the zoning officer may determine that there are reasonable grounds to believe that the use may violate the performance standards set herein and may initiate an investigation. (back to top)
Following the initiation of an investigation, the zoning officer may require the owner or operator of any proposed use to submit such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to, the following items:
A. Plan of the existing or proposed construction and development.
B. A description of the existing or proposed machinery, processes and products.
C. Specifications for the mechanisms and technique used or proposed to be used in restricting the possible emission of any of the items referred to in Sections 2311 through 2318 of this Article.
D. Measurements of the amount or rate of emissions of the items referred to in Sections 2311 through 2318 of this Article.
E. Certification by a registered professional engineer that the proposed use or construction would comply with the requirements and standards for the regulation of commercial and industrial processes as set forth in this Article.
Failure to submit data required by the zoning officer shall constitute ground for denying a certificate of zoning compliance for any use of land. (back to top)
In the investigation of the compliance with the standards set forth in this Article by any existing or proposed used, the zoning officer may require the owner or operator of the existing use or the applicant for the proposed use to provide a study and report by an expert consultant as to the compliance or noncompliance with said standards of the existing or proposed use and advice as to how such existing or proposed use if not in compliance, can be brought into compliance with said standards. (back to top)
Within thirty (30) days following the receipt of the required evidence, or receipt of the reports of expert consultants, the zoning officer shall make a determination as to compliance, he shall authorize the issuance of any permits which may have been withheld pending said determination. The issuance of a permit for a proposed use shall not constitute compliance with the performance standards if, after construction and operation, there is evidence of noncompliance with such standards. (back to top)
The zoning officer may require modifications or alterations in the existing or proposed construction or the operational procedures to insure that compliance with the performance standards will be maintained. The operator shall be give a reasonable length of time to effect any changes prescribed by the zoning officer for the purpose of securing compliance with the performance standards. (back to top)
The Zoning Officer's action with respect to the performance standards procedures may be appealed to the Zoning Board of Review within thirty (30) days following said action. In the absence of such appeal, the zoning officerís determination shall be final. (back to top)
The zoning officer shall investigate any purported violation of performance standards and, for such investigation, may request that the Zoning Board employ qualified experts. If he finds that a violation occurred or exists, a copy of said findings shall be forwarded to the Town Solicitor. The services of any qualified experts, employed by the zoning officer to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise, it shall be paid by the Town. (back to top)
If, after the conclusion of time granted for compliance with the performance standards, the zoning officer finds the violation is still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied. (back to top)
The following uses and activities shall be exempt from the noise and vibration level regulations of this Article:
A. Noises and vibrations not under the control of the property user.
B. Noises and vibrations emanating from construction activities between 7:00 A.M. and 9:00 P.M.
C. The noises of safety signals, warning devices, and emergency pressure relief valves.
D. Transient noises and vibrations of moving sources such as automobiles, trucks, airplanes and railroads. (back to top)
Comply with the Town Ordinance regarding "noise." (back to top)
No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 A.M. and 7:00 P.M., or of thirty seconds or more duration in any one hour between the hours of 7:00 P.M. and 7:00 A.M. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the ìsafeî range of table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation. (back to top)
All applicable commercial and manufacturing operations shall conform to the "Air Pollution Control Regulations" of the Rhode Island Department of Environmental Management issued under the provisions of Chapter 23-23 of the General Laws of Rhode Island, 1956, as amended, which regulations are hereby incorporated in and made a part of this section. (back to top)
Sewage and waste shall be deposited in the public sewerage system when available. All requirements of the Newport Industrial Pretreatment Program as authorized under Chapter 1040 of the codified ordinances of the City of Newport, entitled "Sewers, Generally" shall, as a minimum, be met.
Effluent from any applicable commercial and manufacturing operation which is discharged into the ground shall at all times comply with "Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems, December 1, 1980," and subsequent amendments thereto, of the Rhode Island Department of Environmental Management, issued under the provisions of Sections 42-17.1-2(1), (m), (4) and (s) of the General Laws of Rhode Island, 1956 (1977 reenactment) as amended, which regulations are hereby incorporated in and made a part of this section. (back to top)
Emission of odorous gases or other odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond lot lines, measured either at ground level or habitable elevation.
The odor threshold is the concentration in air of a gas or vapor which will just evoke a response in the human olfactory system. Odor thresholds shall be measured in accordance with ASTEM d1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" or its equivalent. (back to top)
The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four (24) hours sampling period. The release of airborne toxic matter across lot lines shall not exceed 1/30 of the threshold limit values as currently established by the American Conference of Governmental Industrial Hygienists. (back to top)
Any applicable commercial or manufacturing operation producing heat or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line. No manufacturing or exterior lighting shall be used in such a manner that produces glare on public highways or neighboring property. (back to top)
All applicable commercial and manufacturing operations shall cause no dangerous radiation at the property line as specified by the regulations of the State of Rhode Island Radiation Control Agency or the United States Nuclear Regulatory Commission, whichever is applicable. (back to top)