12.11.040 Performance standards to be enforced (6/12/12).
(a) Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, smoke, mists or gases in such quantities as to cause soiling or danger to the health of person, animals, vegetation or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas nor any color visible smoke equal to or darker than number two on the Ringleman Chart described in section NR431 and NR439 of the Wisconsin Administrative Code and amendments thereto. (8/6/02)
(b) Electrical, radioactive or other disturbances. No activity shall emit electrical, radioactive or other disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable federal and state regulations shall be complied with.
(c) Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion with adequate firefighting and fire suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The above ground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:
Gallons | |
Over 187°F | 400,000 |
105°F to 187°F | 200,000 |
Below 105°F | 100,000 |
(d) Glare and heat. No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principle use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
(e) Noise. At the points of measurement specified in section 12.11.030(b)2, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. 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, Inc., New York, N.Y. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y. shall be used.)
Frequency Containing Standard Octave Bands In Cycles Per Second | Sound Pressure Level in Decibels Re 0.0002 dyne/cm |
|---|---|
20 - 75 | 65 |
75 - 150 | 55 |
150 - 300 | 50 |
300 - 600 | 45 |
600 - 1200 | 40 |
1200 - 2400 | 40 |
Above 2400 | 35 |
If the noise is not smooth and continuous and is not radiated between the hours of 10 p.m. and 7 a.m. one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.
Type of Location of Operation or Character of Noise | Correction in Decibels | |
|---|---|---|
1. | Daytime operation only | 5 |
2. | Noise source operates less than | |
a. | 20% of any one-hour period | 5 |
b. | 5% of any one-hour period | 10 |
3. | Noise of impulsive character (hammering, etc.) | -5 |
4. | Noise of periodic character (hum, screech, etc.) | -5 |
5. | Property is located in any M-District and is not within 200 feet of any R-District | 10 |
*Apply one of these corrections only.
(f) Odors. Except in the A-1, A-2 and A-4 Districts, no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises. The guide for determining odor measurement and control shall be Chapter NR 129 of the Wisconsin Administrative Code and amendments thereto. (8/6/02)
(g) Erodible land regulations. In addition to any other applicable use, site or sanitary regulation, the following organic and sandy soils listed below and any other soils having an erosion factor of three shall not be used for crop production or grazing unless such lands make use of contour cropping practices or strip cropping practices or crop terraces.
133 - BmB, BmC2 | 416 - Ry |
316 - BmB, BmC2 | 417 - CrD2, CrE |
359 - MxD2 | 419 - SfB |
414 - BmB, BmC2 | 451 - Ht |
(h) Soil capability regulations. In addition to any other applicable use, site, or sanitary regulation, the following restrictions or regulations shall apply to the following soils as shown on the Operational Soil Survey Maps prepared by the USDA Natural Resources Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the Department of Planning and Development;
Because of their erodibility and very low agricultural capabilities, tillage is permitted on the following rough, broken, sandy, stony or escarpment soils only when conducted in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:
75 - CcB, CrC, CrD2, CrE | 417 - CrD2, CrE |
282 - CeB, CrC, CrD2, CrE | 419 - SfB |
416 - Ry |
Farm drainage systems may be installed on the following soils, which soils are subject to a flooding hazard and which have generally unsuitable soil characteristics for an operative drainage system, only if installed in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:
4 - Mf | 11 - Am |
5W - Sg | 11W - Ww |
7 - Dh | 54 - Lp |
10 - Am | 419 - SfB |
10W - Ww | 452 - Ac |
Because of very severe limitations for pasturing, grazing is permitted on the following soils when conducted in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:
4 - Mf | 419 - SfB |
416 - Ry | 462 - Ht |
(i) Steep land regulations. In addition to any other applicable use, site, shoreland, or sanitary regulation, the following restrictions and regulations shall apply to all lands having slopes of twelve (12) per cent or greater (see illustration #1) as shown on the Operational Soil Survey Maps prepared by the USDA Natural Resources Conservation Service in cooperation with the Southeastern Wisconsin Regional Planning Commission and which are on file with the Department of Planning and Development:
1. Tillage and grazing of lands with slopes of 12% or greater shall be permitted only if such tilling and grazing make use of contour cropping practices, strip cropping practices or cropping terraces. Spreading the manure or fertilizer on frozen ground and establishment of feed lots shall be prohibited when such practice would cause direct run off of pollutants into a drainage way or water course.
2. Tree cutting and shrubbery clearing for the purpose of changing land use from wildlife or wood lot management on lands with slopes of 12% or greater shall be conducted so as to minimize erosion and sedimentation and promote the preservation of scenic beauty.
(j) Vibrations. No activity in any district except the M-1, M-2 and M-3 districts shall emit vibrations which are discernible without instruments outside its premises. No activity in the M-1, M-2 or M-3 districts shall emit vibrations which exceed the following displacement measured with a 3-component measuring system:
(k) Water quality protection.
1. No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run off, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness or be harmful to human, animal, plant or aquatic life.
2. In addition, no activity shall discharge any liquid, gaseous or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in Chapter NR-102 of the Wisconsin Administrative Code and amendments thereto for all navigable waters in the County.
(l) Floodproofing. Where floodproofing by means of elevating on fill is deemed inappropriate or impractical, and where floodproofing by means other than filling is permitted, floodproofing measures shall be in accordance with the following: (2/6/90)
1. Floodproofing measures shall be designed to:
a. Withstand the flood pressures, depths, velocities, uplift and impact forces, and other factors associated with the 100-year recurrence interval flood; and
b. Assure protection to an elevation at least two (2) feet above the elevation of the 100-year recurrence interval flood; and
c. Provide anchorage of structures to foundations to resist flotation and lateral movement; and
d. Insure that the structural walls and floors are watertight and completely dry without human intervention during flooding to a point at least two (2) feet above the elevation of the 100-year recurrence interval flood.
e. Minimize or eliminate discharges into flood waters.
2. No permit or variance shall be issued until the applicant submits a plan or document certified by a registered professional engineer or architect certifying that the floodproofing measures are adequately designed to protect the structure or development to a point at least two (2) feet above the elevation of the 100-year recurrence interval flood for the particular area and submits a FEMA Floodproofing Certificate.
3. Floodproofing measures may include, but are not limited to: (8/6/02)
a. Reinforcement of walls and floors to resist rupture or collapse caused by water pressure or floating debris;
b. Addition of mass or weight to structures to prevent floatation;
c. Placement of essential utilities above the flood protection elevation;
d. Surface subsurface drainage systems, including pumping facilities, to relieve external foundation wall and basement floor pressures;
e. Construction of water supply wells, and waste treatment and collection systems to prevent the infiltration of floodwaters into such systems;
f. Cutoff valves on sewer lines and the elimination of gravity flow basement drains; and/or
g. The construction of permanent watertight bulkheads, erection of permanent watertight shutters and doors, and installation of wire reinforced glass or glass block for windows.
4. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan that is certified by a registered professional engineer and meets or exceeds the following standards:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and
d. Submits a FEMA Floodproofing Certificate [Code § 12.12-4.]