[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 11-23-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A professional engineer licensed to practice in the State of New York.
- REGULATED VIBRATION
- A vibration that meets or exceeds the vibration perception threshold at any point along any property line of the real property whereat the vibration is being created.
- VIBRATION PERCEPTION THRESHOLD
- The minimum ground- or structure-borne vibrational motion necessary to cause a person of normal and reasonable sensitivity to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. It shall be an affirmative defense in any prosecution of a violation of this chapter that the person aware of the vibration was not a person of normal and reasonable sensitivity.
Vibration permits shall be issued upon application to and in the discretion of the Building Inspector. Such permit applications shall contain the following information and shall be signed by both the owner of the premises and the person who will be creating the regulated vibrations and notarized:
The street address and tax lot designation of the property where the regulated vibrations will be created.
The mechanism or other manner by which the regulated vibrations will be created.
The reasons for the creation of the regulated vibrations.
The reasons why the goal or goals to be accomplished by the regulated vibrations reasonably may not be accomplished without creating any regulated vibrations or by creating lesser regulated vibrations.
A document signed and sealed by an engineer setting forth the manner in which the regulated vibrations will be created and the precautions that will be taken to eliminate or mitigate the adverse impacts, if any, of such vibrations to neighboring residents and neighboring properties and the structures thereon.
The Building Inspector, in exercising his or her discretion as to the granting of such permit, shall consider the difficulty in time and expense, or otherwise, to the applicant if the application is denied, against the reasonably foreseeable nuisance and damage that may occur to neighboring residents and properties and the structures thereon if the application is granted. In exercising such discretion, it is noted that the Building Inspector, not being an engineer, not having soil borings, not knowing the structural integrity and distance of the structures on neighboring properties, and not having other information that might be deemed relevant in determining the reasonably foreseeable nuisance and damages that may occur from the regulated vibrations, can do no more than use his or her discretion under the circumstances and, as in all such similar exercises of discretion, shall not be liable for any error in the exercise of such discretion. In granting any such application, the Building Inspector may impose conditions to mitigate the intensity or other adverse affects of the regulated vibrations, including, but not limited to, providing more stringent restrictions with regard to the time and dates of the creation of the regulated vibrations. Any person denied a vibration permit by the Building Inspector, or who seeks to challenge the conditions imposed by the Building Inspector, in addition to such other remedies such person may have, may appeal that determination to the Board of Trustees. The foregoing shall not preclude or diminish such person's statutory right to appeal to the Board of Appeals.
The owner shall retain the services of an engineer and an independent testing laboratory for the purpose of monitoring and recording vibrations when the regulated vibrations are being created.
All work shall be performed to ensure that the measured vibrations do not exceed the threshold for damage prevention criteria developed by the owner's engineer; however, in no event shall they exceed the threshold for cosmetic crack damage criteria developed by the U.S. Bureau of Mines and/or the U. S. Office of Surface Mining.
In addition to the foregoing, regulated vibration shall also be controlled and limited to the frequencies above the natural frequency of buildings (range five to 11 hz) and below 0.5 inch per second peak particle velocity.
The owner's engineer shall be present on the subject premises at all times during the creation of the regulated vibrations to monitor the creation of the vibrations and to survey the existing ground surfaces of the site in the vicinity of the creation of the regulated vibrations for the purpose of monitoring ground movement and possible ground displacement and to ensure that ground surface movement has not exceeded 0.50 inch.
Within 10 business days following the last date upon which the regulated vibrations were permitted under the vibration permit, the owner shall file with the Building Inspector a certification by the owner's engineer certifying that such engineer was personally present during the creation of all regulated vibrations and that at no time did any of such regulated vibrations violate the conditions of the vibration permit or any other provisions of this chapter, together with the report and recording of the independent testing laboratory that was monitoring the regulated vibrations.
Every application for a vibration permit shall be accompanied by a fee in an amount set from time to time by resolution of the Board of Trustees.
Every application for a vibration permit shall be accompanied by a deposit to reimburse the Village for a review of the application by the consulting engineers of the Village, if any, in an amount set from time to time by resolution of the Board of Trustees.
No vibration permit shall be issued unless and until the applicant provides such comprehensive general or other liability insurance for damages caused by such regulated vibrations to neighboring properties or the structures thereon in an amount set from time to time by resolution of the Board of Trustees.
A violation of this chapter shall be subject to the penalties provided in Chapter 116.