Town of New Berlin, NY
Chenango County
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[HISTORY: Adopted by the Town Board of the Town of New Berlin 4-23-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
Solid waste — See Ch. 124.
Land subdivision environmental considerations — See Ch. 135, § 135-24.
[Adopted 4-23-2008 by L.L. No. 1-2008]
The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating same or at any point beyond, and these shall be limited as follows:
Explosives. Activities involving the storage or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the appropriate licensing agency. The list of materials or products which decompose by detonation, when in sufficient concentrations, includes, but is not limited to, the following:
Blasting gelatin.
Anhydrous hydrazine.
Ammonium nitrates.
Guanidine nitrate.
Gun cotton (cellulose nitrate with nitrogen content in excess of 12.2% or pryoxylin).
PETN (pentaerythritol tetranitrate).
Picric acid.
Tetryl (trinitrophenyltramine).
Cyclonite or hexogen (cyclotrimethylene trinitramine).
TNT (trinitrotoluene).
Perchlorates (when mixed with carbonaceous materials).
Black powder.
Greek fire.
Peroxides (except hydrogen peroxide in concentration of 35% or less in aqueous solution).
Any USEPA-listed hazardous chemical, product or waste.
Fire hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate fire-fighting and fire suppression equipment and devices standard in this industry. The relevant provisions of other state and local laws and regulations shall apply to open burning.
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbances (except from domestic household appliances and from communications equipment subject to control by the Federal Communications Commission or appropriate federal agencies) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
Smoke. No emission shall be permitted at any point from any chimney, or otherwise, of visible smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines. (Power's Micro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used.) This provision, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases, and other forms of air pollution shall be permitted which can cause any damage to health, to animals or vegetation, or to other forms of property, or which can cause any excessive soiling of any paint; and in no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
Liquid or solid wastes. No discharge shall be permitted at any point into any private sewage disposal system, or stream, or into the ground of any materials in such a way or of such a nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Environmental Conservation, or County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating same or at any point beyond said lot line, and these shall be limited as follows:
Noise. At the specified points of measurement the sound-pressure level of noise radiated from a facility 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 an octave-band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York. (American Standards Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, New York, and American Specifications 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, New York, shall be used.) If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 8:00 a.m., one or more of the corrections in Table II shall be added to or subtracted from each of the decibel levels given in Table I.
Table I
Maximum Permissible Sound-Pressure Levels at Specified Points of Measurement for Noise Radiated From a Facility Between the Hours of 7:00 p.m. And 8:00 a.m.
Frequency Ranges Containing Standard Bands
(cycles per second)
Octave Band Sound-Pressure Level
(decibels re 0.0002 dyne/cm2)
20 to 74
75 to 149
150 to 299
300 to 599
600 to 1,199
1,200 to 2,399
2,400 to 4,799
4,800 to 10,000
Table II
Corrections for Noise Not Smooth and Continuous and/or Not Radiated Between the Hours of 7:00 p.m. and 8:00 a.m.
Type of Operation or Character of Noise
Daytime operation only, 8:00 a.m. to 7:00 p.m.
Plus 5
Noise source operates less than 15 minutes but more than five minutes of any 1-hour period
Plus 5*
Noise source operates less than 5 minutes of any 1-hour period
Plus 10*
Noise of impulsive character (hammering, etc.)
Minus 5
Noise of periodic character (hum, screech, etc.)
Minus 5
*Apply the minimum correction.
Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for a duration of three or more minutes in any one hour of the day between the hours of 8:00 a.m. and 7:00 p.m., or a duration of 30 or more seconds in any one hour between the hours of 7:00 p.m. and 8:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the safe range of any seismic testing of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this Subsection B.
Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C.
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by regulations.