The following activity standards shall apply in all districts
and shall be subject to any and all currently effective New York State
and/or federal regulations.
No vibration shall be discernible at the lot lines or beyond.
No emission of visible gray smoke of a shade equal to or darker
than No. 2 on the Ringelmann Chart, measured at the point of emission,
shall be permitted.
No offensive odor shall be noticeable at the lot line or beyond.
No emission which can cause any damage to health, animals or
vegetables or other forms of property or any excessive soiling shall
be permitted.
No direct or sky-reflected glare shall be visible at the lot
line or beyond.
No discharge into any present or future disposal system, public
or private, or streams, or into the ground, of any materials of such
nature or temperature as to contaminate groundwater supply or any
natural body of water shall be permitted.
No activities which emit hazardous radioactivity at point, as
defined by federal and/or New York State government standards, shall
be permitted.
The following acts are deemed to be in violation of this chapter
and shall constitute unreasonable noise:
A. The conducting of any construction operations between
the hours of 10:00 p.m. and 6:00 a.m., except when necessary in an
emergency to protect or preserve property or when necessary in the
public interest.
B. In any residential zoning district, the use of any
device or apparatus for the amplification of sound, between the hours
of 10:00 p.m. and 6:00 a.m., in such a manner as to generate a sound-pressure
level of 55 decibels (dBA) or greater, as measured from any point
along the boundary line of the real property on which the sound pressure
is generated that is facing the nearest sensitive receptor.
C. In any nonresidential zoning district within 250 feet
adjacent to and/or abutting a residential district, the residential
rules and limitations will apply.
D. For any source of sound emitting a continuous pure
tone, or cyclically varying sound, or repetitive impulsive sound,
the maximum sound pressure level allowed in this chapter shall be
reduced by five dB(A).
E. No person shall operate, or permit to be operated,
on private property any source of sound in such a manner as to create:
(1) A sound pressure level that exceeds the limits set
forth for the receiving land use category in the following table,
which may be measured at or within the real property boundary of the
receiving land use; or
(2) A sound pressure level that exceeds the limits set
forth for the receiving land use category in the following table for
more than 15 minutes in any sixty-minute time period which may be
measured at or within the real property boundary of the receiving
land use; or
(3) A sound level that exceeds the ambient sound level
by 5 dB which may be measured at or within the real property boundary
of the receiving land use.
Receiving Land Use Category
|
Time of Day
|
Maximum Permissible Sound Pressure Level
[dB(A)]
|
---|
Residential, rural, public property, open space, agricultural
|
6:00 a.m. to 10:00 p.m.
|
55
|
|
10:00 p.m. to 6:00 a.m.
|
50
|
Commercial, mixed-use business
|
6:00 a.m. to 10:00 p.m.
|
65
|
|
10:00 p.m. to 6:00 a.m.
|
60
|
Industrial (light, heavy)
|
6:00 a.m. to 10:00 p.m.
|
75
|
|
10:00 p.m. to 6:00 a.m.
|
65
|
F. Exemptions. The provisions of §
138-94 shall not apply to:
(1) The unamplified human voice;
(2) Railroad locomotive and cars use in interstate commerce;
(3) All agricultural activities.
(4) Use of emergency generators.
(6) Other driveway and road maintenance activities.
G. The standards which may be considered in determining
whether a violation of this chapter exists may include but is not
limited to the following:
(1) The level or volume of the noise.
(2) The time of day or night the noise occurs.
(3) Whether the noise is continuous, cyclical, or constant,
and what the duration of the noise is.
(4) Whether the making of the noise is reasonably necessary
for the protection or preservation of property or of the health, safety
and welfare of a person or persons.
(5) Whether the noise is reasonably necessary for temporary
building or construction operations.
(6) Whether reasonable methods are available for deadening
or muffling the noise.
(7) The proximity of the noise to residential property
or property customarily used by persons for sleeping.
(8) The proximity of the noise to hospitals, schools,
other types of care-giving facilities, or other sensitive sites.
(9) Whether the sound is plainly audible.
No process or storage of materials in such manner as to create
undue hazard by reason of fire explosion shall be permitted.
No material shall be stored either indoors or outdoors in a
manner that facilitates the breeding of vermin.
Electrical operations shall not create disturbances to radio
and television reception in the vicinity.