880 R.I. Code R. 880-RICR-00-00-4.9

Current through November 21, 2024

Section 880-RICR-00-00-4.9 - Technical Review Regulations

4.9.1Performance Standards

A. Performance standards are defined as a set of criteria or limits relating to elements, which a particular use or process either must meet or may not exceed. Performance standards within the Park shall regulate noise, vibration, air quality, water quality, light and glare, electronic interference, heat, fire and explosive hazards, radioactive materials, wetlands, historic preservation, resource allocation, and waste.

1. Application of Performance Standards - Any use established or changed to, and any building, structure, or land developed, constructed for any permitted principal use or any accessory use shall comply with all of the performance standards set forth in this section for the district involved. If any existing use or building or other structure is expanded and enlarged, the performance standards for the district involved shall apply with respect to such expanded or enlarged portion or portions of such use, building or other structure.

2. Enforcement of Standards - In the event of a determination of an alleged violation of these standards subsequent to the granting of a permit, the enforcement action may be taken consistent with § 4.5.3 of this Part.

3. Noise

a. Noise Measurement - Noise shall be measured with a sound level meter meeting the standards of the ANSI § S 1.4-2014, 2014, incorporated above in § 4.3(M)(1) of this Part. Measurements shall be conducted in accordance with ANSI § S12.51, incorporated above in § 4.3(M)(2) of this Part..

b. Basic Continuous Noise Level - The maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility shall conform to the values in Table 1 as measured from the nearest lot line. These standards are for noise generated as part of typical daily operations between the hours of 7 AM and 7 PM. Where more than one specified sound level applies, the most restrictive shall govern. Measurements may be made at points of maximum noise intensity. If the noise occurs between the hours of 7 PM and 7 AM. on Monday through Saturday or any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in Table 1.

(1) Table 1. Basic Noise Level Restrictions: Monday - Saturday 7 AM to 7 PM

Maximum Permitted Sound Level dBA	Measured Across and Outside (Property Line)
55	QMUDD
60	QLID, QWD
65	QGID, QAD
Note: Notwithstanding these performance standards, aviation related activities are subject to FAA requirements and guidance.

c. Adjusted Noise Standards in Areas Not Bordering Residential Districts - QDC shall adjust the values in Table 1 in specific instances for sites that are not adjacent to residential districts. The noise levels in Table 1 shall be adjusted for non-continuous noises associated with daily operations or those associated with impact activities. These adjustments shall not apply to noises emanating from construction and maintenance activities between 7 AM and 7 PM; noises emanating from safety signals, warning devices, and emergency pressure relief valves; or transient noises of moving sources such as automobiles, trucks, airplanes and railroads.

(1) The levels specified in Table 1 may be exceeded by ten (10) dBA for a single period, no longer than fifteen (15) minutes, in any one-day.

(2) For impact noise levels, the values in Table 1 increased by twenty (20) dBA, shall apply. Impact noises shall be considered to be those noises whose peak values are more than six (6) dBA higher than the values indicated on the sound level meter.

(3) Limits are intended for normal continuous day-to-day operations. These limits may be exceeded by a reasonable amount of time for temporary and short-term operations during construction, maintenance, or emergency conditions.

d. Adjusted Noise Standards in Areas Bordering Residential Districts -QDC shall adjust the values in Table 1 in specific instances for sites that are adjacent to residential districts. The noise levels in Table 1 shall be adjusted for non-continuous noises associated with daily operations or those associated with impact activities. If the noise is not smooth and continuous and is not radiated between the hours of 7:00 PM and 7:00 AM, one or more of the corrections in Table 2 following adjustments to the values in Table 1 shall be made. Any reductions already applied to values in Table 1 due to the hours during which it occurs (between 7:00 PM and 7:00 AM) shall be applied in addition to the adjustments in Table 2.

(1) Table 2. Adjusted Noise Level Standards for Properties Adjacent to Residential Districts____________________

Type of Operation or Character of Noise	Correction in Decibels (dB)
Noise source operates less than 20 percent of any one-hour period	Plus 5*
Noise source operates less than 5 percent of any one-hour period	Plus 10*
Noise sound operates less than 1 percent of any one-hour period	Plus 15*
Noise of impulsive character (hammering) or periodic character (screech, hum etc.)	Minus 5
Note: Notwithstanding these performance standards, aviation related activities are subject to FAA requirements and guidance.
* Apply one of these corrections only.

4. Vibration

a. Definition of Terms -For the purposes of this subsection, certain terms are defined as follows:

(1) Frequency means the number of oscillations per second of a vibration.

(2) Impact vibrations means earthborne oscillations occurring in discrete pulses at or less than 100 per minute.

(3) Steady-state vibrations means continuous earthborne oscillations occurring more than 100 times per minute.

(4) Three-component measuring device means a device for the intensity of any vibration in three mutually perpendicular directions.

b. Method of Measurement - For the purpose of measuring vibration, a three-component measuring system recognized as a standard for such purpose shall be used. Location and timing of measurements shall be arranged insofar as possible to exclude vibrations emanating from off the premises involved, or a correction factor reasonable under the circumstances shall be applied to compensate for off-premises vibrations.

c. Maximum Allowable Vibration Levels - No vibration at any time shall produce a maximum peak particle velocity that exceeds the following values measured on or beyond the appropriate property lines.

(1) Table 3. Maximum Peak Particle Velocity (inches/second)

Residential ** Character of Vibration	Adjacent Lot Line	QGID, QAD District Boundary	QMUDD, QLID, QWD District Boundary
Steady State	0.10	0.50	0.20
Impact	0.20	0.10	0.40
Note: Notwithstanding these performance standards, aviation related activities are subject to FAA requirements and guidance. ** Between the hours of 7 p.m. and 7 a.m., all of the permissible vibration levels indicated in the previous table for residential district boundaries shall be reduced by 50%

5. Aviation-related activities are subject to FAA guidance and requirements.

6. Air Quality - All operations, activities and uses shall be conducted so as to comply with all applicable regulations for the prevention, control and abatement and limitation of air pollution established by the RIDEM.

7. Water Quality

a. Sewage and water-borne wastes shall be deposited in the Park sewage system and shall be subject to the QDC Sewer Treatment System User Regulations. All effluent discharged into the QDC sewage system shall comply with the applicable pretreatment standards established by the United States Environmental Protection Agency (USEPA), 40 C.F.R § 403, incorporated in § 4.3(A) of this Part, and/or the QDC.

b. Effluent not discharged into the QDC sewage system shall be disposed of in a manner acceptable to 250-RICR- 150-10-2, and the design, installation and operation of all subsurface wastewater disposal systems shall be approved by the Director of RIDEM.

c. Effluent discharged into a surface water body shall require issuances of a National Pollutant Discharge Elimination System (NPDES) permit by the USEPA and RIDEM.

8. Light and Glare - Lighting installation and design shall comply with the provisions of § 4.13.4 of this Part.

9. Electronic Interference - Communications devices, radar equipment, or other electromagnetic radiation shall not interfere with airport instrumentation and communications.

10. Heat - Any use producing heat shall be shielded so that no increase in the ambient temperature can be recorded on or beyond the property line.

11. Fire and Explosive Hazards - All operations, activities and uses shall be conducted so as to comply with applicable provisions of the 450-RICR- 00-00-7.

12. Radioactive Materials - The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformance with the applicable regulations of the United States Nuclear Regulatory Commission and rules and regulations for the control of radiation established by the Rhode Island Department of Health.

13. Wetlands - Areas classified as "wetlands" by (R.I. Gen. Laws §§ 2-1-18 through 2-1-24), as amended, shall be subject to the provisions of that law.

14. Resource Allocation - Development of the property shall take into consideration the availability of water and energy supply. To the extent feasible, the developer shall make efficient use of such resources. Standards relating to the use of water may be amended by the QDC, at any time in order to comply with any requirements of any federal, state or legal governmental agency or to ensure the short- or long-term sustainability of supply to the Park.

15. Waste - All operations shall conform to 250-RICR-140.

16. Hazardous Materials- All use, storage, and transportation of hazardous materials as defined by the U.S. EPA shall be in accordance with 250-RICR- 140-10-1, and other state laws and local ordinances as applicable. The applicant shall indicate on the development plans materials, which are used, stored, transported, or generated which will be controlled by these regulations. Material safety data sheets for each compound shall accompany the application. The application shall indicate the location, amount, and chemical composition of all such materials. All hazardous materials shall be contained in appropriate vessels in fully enclosed structures.

880 R.I. Code R. 880-RICR-00-00-4.9

Amended effective 11/27/2018