Any person aggrieved by the grant or denial of a variance pursuant to §
431-5 or
431-6 may seek relief therefrom by a civil action in any court of competent jurisdiction as provided by the laws of the Commonwealth of Massachusetts.
Any person who violates any provision of this
chapter, if convicted, shall be fined no less than $50 nor more than
$100 for the first offense and not less than $200 nor more than $300
for each succeeding offense. Each day or part thereof of violation
of any provision of this chapter, whether such violation is continuous
or intermittent, shall be construed as a separate and succeeding offense.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
BACKGROUND NOISE
Noise from all sources other than a particular sound that
is of interest, e.g., other than the sound being measured.
COMMERCIAL SERVICE EQUIPMENT
All engine- or motor-powered equipment intended for infrequent
service work in inhabited areas, typically requiring commercial or
skilled operators. Examples of commercial service equipment are chain
saws, log chippers, paving rollers, etc.
CONSTRUCTION and DEMOLITION
Any site preparation, assembly, erection, substantial repair,
alteration, destruction or similar action for public or private rights-of-way,
structures, utilities or similar property.
DAYTIME
The period between the hours of 7:00 a.m. and 7:00 p.m. daily.
dB
The abbreviation for decibel.
dBA
The A-weighted sound level in decibels, as measured by a
general-purpose sound-level meter complying with the provisions of
the American National Standards Institute Specifications for Sound
Level Meters (ANSI S1.4 1971), properly calibrated and operated on
the A-weighting network.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
All engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas, typically capable
of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, power tools, riding
tractors, snowblowers, snowplows, etc.
Hz
The abbreviation for Hertz, and is equivalent to cycles per
second.
LOT
A single tract of land in identical ownership throughout,
with definite boundaries ascertainable through a recorded plan or
deed.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor,
such as but not limited to passenger cars, trucks, buses, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, dune buggies or racing
vehicles, including motorcycles.
NOISE POLLUTION
The presence of that amount of acoustic energy for that amount
of time necessary to:
A.
Be injurious or tend to be, on the basis of
current information, injurious to the public health or welfare;
B.
Interfere with the comfortable enjoyment of
life and property or the conduct of business; or
C.
Exceed standards or restrictions established
herein.
PERSON
An individual, partnership, association, firm, syndicate,
company, trust, corporation, department, bureau or agency or any other
entity recognized by law as the subject of rights and duties.
PURE TONE
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this chapter, a "pure
tone" shall exist if an octave-band analysis indicates one octave
band 3 dB or more over both the band above and below.
SOUND-PRESSURE LEVEL (SPL)
Twenty times the logarithm (to the base 10) of the ratio
of the sound pressure to the reference sound pressure. [The reference
sound pressure shall be equal to 20 micropascals.] Unless otherwise
stated, the level is understood to be that of a root-mean-square pressure.
ZONING DISTRICTS
The zoning districts and land uses therein as established
by the Zoning Code of the City of Marlborough.