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:
A. 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.
B. Control noise perceptible beyond the boundaries of
the site of the use.
C. Prevent the discharge of waste materials into any
watercourse.
D. Prevent the dissemination of vibration, heat or electromagnetic
interference beyond the immediate site on which the use is located.
E. Eliminate physical hazard by reason of fire, explosion,
radiation or any similar cause.
F. 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.
NIGHTTIME
The hours between 10:00 p.m. and 7:00 a.m. prevailing time.
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.
PERSON
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).
VILLAGE
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.
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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. The shouting and crying of peddlers, hawkers and vendors.
H. 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.
I. The use of mechanical loudspeakers or amplifiers on
trucks or other moving vehicles or aircraft for advertising or sales
purposes.
The following noises shall be permitted:
A. 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.
B. Sound created by any government agency by the use
of public warning devices.
C. 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]
D. Sound created by public utilities in carrying out
the operations of their franchise.
E. Sounds connected with sporting, musical or band events
of any public or private school.
F. Sounds connected with parades or ceremonies authorized in accordance with Chapter
184 of the Village Code.
G. Sound created by village departments in carrying out
their operations.
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:
A. 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.
B. 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.
C. 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.
[Added 3-4-2008 by L.L. No. 1-2008]
Any person violating any provision of §§
217-6 or
217-7 shall be guilty of an offense punishable by a fine of $50 for the first offense and $200 for each additional offense in the same calendar year.