[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 6-7-1994 by L.L. No. 5-1994. Amendments noted where applicable.]
Consistent with the general purposes of this chapter, it is the intent of the performance standards to set specific controls on potentially objectionable external aspects of land uses in such a way as to:
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor and other atmospheric pollutants outside the building in which the use is conducted.
Control noise perceptible beyond the boundaries of the site of the use.
Prevent the discharge of waste materials into any watercourse.
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
Eliminate physical hazard by reason of fire, explosion, radiation or any similar cause.
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions and traffic congestion in the streets.
No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this chapter. Continued conformance with such standards shall be required for the continuance of any certificate of occupancy issued on such basis.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- DECIBEL (db)
- A unit of level used in acoustics to express the ratio of two sound pressures. The number of decibels corresponding to the ratio of two sound pressures is 20 times the logarithm to the base ten of this ratio.
- FREQUENCY BAND
- The range of frequencies between two specified frequencies.
- The hours between 10:00 p.m. and 7:00 a.m. prevailing time.
- NOISE OF IMPULSIVE CHARACTER
- A noise such as that from a hammer blow, punch press, gunshot, etc.
- NOISE OF PERIODIC CHARACTER
- A noise such as that from a power planner, power saw, transformer hum, etc.
- OCTAVE BAND
- A frequency band one octave wide.
- OCTAVE BAND ANALYZER
- An instrument for measuring the sound pressure level in each of the octave bands which comprise the spectrum of the sound. The octave band analyzer shall conform to United States of America Standard USASI Z24.10 1953, or the latest revision thereof.
- Any individual, corporation, association, organization, firm or partnership.
- SOUND PRESSURE LEVEL (SPL)
- The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base ten of the measured sound pressure to a reference pressure of 0.0002 microbar; SPL=20 log10 (sound pressure/reference pressure).
- The Village of Hastings-on-Hudson in the County of Westchester and State of New York.
It is hereby declared to be the policy of the village to prevent any loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare, as herein set forth, is prohibited.
No person shall operate or cause to be operated any mechanism or device which shall create a noise within the village exceeding the limiting noise levels set forth in the following table:
The values in Subsection A above refer to smooth and continuous noise; however, in the event that the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:
Noise measurement required under the terms of this chapter shall be made by the use of an octave band analyzer as defined herein.
Noise measurements and limits shall conform to the following practices:
Noise shall be measured at least four feet above ground level, but not more than an altitude exceeding 40 feet above ground level.
Facility noise originating on residential property shall be measured at the property line of the property on which the noise source is located.
Facility noise originating on business or commercial property shall be measured at the property line of the nearest residential property.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive:
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a warning signal pursuant to the provisions of the motor vehicle laws of the State of New York.
The operation of any radio, television, phonograph or use of any musical instrument in such a manner or with such volume so as to annoy or disturb the quiet, comfort or repose of persons in any residence.
The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person in any residence.
The blowing of any whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, air compressor or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
The creation of a loud and excessive noise in connection with loading or unloading any vehicle, or the opening and destruction of bales, boxes, crates and containers.
The shouting and crying of peddlers, hawkers and vendors.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or display of merchandise by the creation of noise, except bells sounded by a licensed mobile vendor, provided that the sound thereof is not audible more than 300 feet from said vehicle.
The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles or aircraft for advertising or sales purposes.
The use of leaf blowers, except between October 15 and May 15, and then only from 9:00 a.m. until 5:00 p.m., provided that they conform to the decibel level restrictions set forth in § 217-5 and to the steady state and impact vibrations restrictions of § 217-8. The Village Manager is authorized to permit the use of leaf blowers between May 16 and October 14, subject to the same time limits and provisos, in either of the following situations:
[Added 3-4-2008 by L.L. No. 1-2008; amended 5-6-2008 by L.L. No. 3-2008]
If the Village Manager determines that an emergency situation exists in the Village.
If a Village resident or property owner has a medical condition requiring a leaf blower to clean up leaves and other yard debris and presents the Village Manager with a letter from a physician stating that such medical necessity exists. In such a situation, only one leaf blower may be used per property and may not be operated concurrently with any other electric or fuel-powered yard maintenance equipment.
The following noises shall be permitted:
Sound created by persons engaged in construction work during the hours of 7:30 a.m. and 8:00 p.m., prevailing time, Monday through Saturday, and 10:00 a.m. to 5:00 p.m., prevailing time, Sunday, including but not limited to building, repairing, grading, leveling and excavating.
Sound created by any government agency by the use of public warning devices.
Sound created by lawn mowers, chain saws, rakers, or similar equipment in use between the hours of 7:30 a.m. and 8:00 p.m., prevailing time, Monday through Saturday, and 10:00 a.m. to 8:00 p.m., prevailing time, Sunday, provided that they conform to the decibel level restrictions set forth in § 217-5 and to the steady state and impact vibrations restrictions of § 217-8.
[Amended 3-4-2008 by L.L. No. 1-2008]
Sound created by public utilities in carrying out the operations of their franchise.
Sounds connected with sporting, musical or band events of any public or private school.
Sounds connected with parades or ceremonies authorized in accordance with Chapter 184 of the Village Code.
Sound created by village departments in carrying out their operations.
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
- The number of oscillations per second of a vibration.
- IMPACT VIBRATIONS
- Earth-borne oscillations occurring in discrete pulses at or less than 100 per minute.
- STEADY STATE VIBRATIONS
- Continuous earth-borne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered steady stated vibrations.
- THREE-COMPONENT MEASURING SYSTEM
- A device for recording the intensity of any vibration in three mutually perpendicular directions.
Method of measurement. For the purpose of measuring vibration, a three-component measuring system shall be employed.
Maximum permitted steady state and impact vibration displacement. No activity shall cause or create a steady state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
- Solid particulate matter capable of being air- or gas-borne.
- PARTICULATE MATTER
- Any finely divided liquid or solid matter, including smoke, capable of being air- or gas-borne.
- RINGLEMANN SMOKE CHART
- A chart for determining the density of smoke and is issued by the Federal Bureau of Mines.
- Any emission into the open air from any source, except emissions of any uncontaminated water vapor.
- SMOKE UNIT
- A measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Ringlemann Smoke Chart by the time of emission in minutes. For example, the emission of Ringlemann Smoke Chart No. 1 for one minute equals one smoke unit.
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringlemann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceed the number allowed by this chapter. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringlemann Chart shall be prohibited.
Maximum permitted emission of dust.
The emission of dust related to combustion for direct heating from any source shall not exceed 0.30 pound of dust per 1,000 pounds of flue gas adjusted to 50% excess air for combustion at standard temperature and pressure (760 millimeters of mercury).
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
All properties shall be suitably improved and maintained with appropriate landscaping and paving, or other type of improvement, so that there will be no measurable windblown dust or other similar types of air pollution created.
General control over smoke and other particulate matter. In addition to the preceding performance standards regulating the emission of smoke and other particulate matter, such emissions shall not be permitted, regardless of quantity, if they will be in any way detrimental to or endanger the public health, safety, comfort or other aspects of the general welfare or cause or be a potential source of damage or injury to property.
Odorous matter. No land use shall be permitted which emits any offensive discernible odors outside the building in which the use is conducted. An odor shall be deemed offensive which is commonly regarded as disagreeable to reasonable sensibility by usual and customary community standards.
Toxic or noxious matter. For the purpose of this section, "toxic or noxious" matter is defined as any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or likely to cause injury to the well-being of persons or damage to property. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
Nothing herein shall prohibit the normal and usual use of any stove, fireplace or other outdoor cooking devices, provided that the emission therefrom shall not endanger the public health, safety, comfort or other aspects of the general welfare or cause to be a potential source of damage or injury to property.
Radiation. The handling, storage or disposal of radioactive material or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 30, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
Electromagnetic interference. No operation shall be permitted if not licensed by the Federal Communications Commission which produces perceptible electromagnetic interference with normal radio or television reception in any area within or without the village.
No storage, utilization or manufacture of materials or products which burn actively and support combustion easily or which have a low ignition temperature or a high rate of burning or create great heat, and no materials producing flammable or explosive gases or vapors under ordinary temperature conditions, shall be permitted, except as otherwise expressly permitted.
The discharge of any and all wastes which may arise in connection with the use of any premises shall be permitted only if in complete accordance with all pertinent laws and regulations and shall be subject to the approval of the County Health Department. Facilities for the storage of solid wastes and other refuse shall be provided in an enclosed location, which facilities shall be designed so as to discourage the breeding of rodents or insects and shall be located so as not to be visible from the street or from any adjoining property in a residential district.
No business or industrial use shall be permitted where it is determined by the Planning Board, due to the nature of such use and the type and number of vehicle trips which it will generate, particularly in relation to the capacity of the street system serving the lot upon which it is to be located, that the result will be unusual traffic hazards or congestion or noise and air pollution conditions that are inconsistent with provisions of this chapter. If, however, a limit is placed upon such use, either in terms of employees or other appropriate measure, which, in the opinion of the Planning Board, would be adequate to ensure that the potential traffic generation from such use will be properly related to the capacity of the street system serving it, the approving authority may approve such use with such limitation to which the owners are required to adhere.
In the case of any application for the establishment of a use which, in the opinion of the Planning Board, may violate any preceding performance standards contained in this chapter, the Planning Board may require the applicant, at his own expense, to provide such evidence as is necessary to determine whether or not the proposed use will conform. If the Planning Board determines it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of the application. Any permitted use, once established, shall be maintained in strict accordance with the standards and requirements contained herein as a condition of its continuance.
[Amended 2-1-2005 by L.L. No. 2-2005; 3-4-2008 by L.L. No. 1-2008]
If, in the judgment of the Building Inspector, there is a violation of the performance standards contained in this chapter, other than of §§ 217-6 or 217-7, the following procedures shall be followed:
The Building Inspector shall give written notice, by certified mail, return receipt requested, or any other method of delivery providing proof of delivery, to the owner and tenants of the property upon which the alleged violation occurs. Such notice shall describe the particulars of the alleged violation and the reasons why the Building Inspector believes there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by said Building Inspector, but in no event to exceed 30 days. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Building Inspector shall constitute a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that, if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as provided by law.
If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Building Inspector, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his records.
If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Building Inspector, he shall proceed to take action in accordance with Chapter 295, Zoning, and the violator shall be subject to the penalties and an injunction prescribed in Chapter 295, Zoning.