[Adopted 7-10-1989 by L.L. No. 3-1989 (Art. 37 of the 1989
Code)]
To promote the safety and general welfare of the public and
to maintain the quality of neighborhoods by reducing continuous or
frequent unreasonably loud noises associated with the operation of
gas compressors, generators and equipment connected thereto. The conditions
specified in this article are to be enforced for all gas compressors,
generators and equipment connected thereto not already subject to
New York State law and regulations.
All gas compressors, generators and equipment connected thereto
shall be located and designed such that the noises associated with
the use shall be mitigated to the standards set forth herein. It shall
be unlawful for any person or firm owning or operating gas compressors,
generators and related motorized equipment to make, continue, or cause
to be made or continued, any noise in excess of the standards specified
herein. The following specific conditions shall be met:
A. Location. The equipment and appropriate mechanical silencing apparatus
shall be appropriately located with consideration given to predominant
wind direction, topography, location of dwelling units and other relevant
physical factors, including ambient noise levels and natural acoustical
buffers. The equipment shall be located on land owned or leased by
the operator of the equipment and placed no closer than 500 feet (as
a safety factor only) from any dwelling unit which is present on the
date the permit is granted and from all proposed residential construction
for which a zoning permit has been received and substantial work has
been completed within one year from the granting of the permit.
B. Noise levels:
(1) Decibel level (existing equipment). The compressors, generators and
equipment connected thereto shall be designed, operated and maintained
by the owner or operator so that the sound level produced by the equipment
does not exceed 40 decibels (A-weighted) (expressed as 40 dBA) sound
level at the exterior of any presently existing residence and all
proposed residential construction for which a zoning permit has been
received and substantial work has been completed within one year from
the granting of the permit.
(2) Decibel level (proposed equipment). The compressor, generator and
equipment connected thereto shall be designed, operated and maintained
with good engineering practices and shall not emit noise at a level
exceeding 40 dBA at the distance from the compressor predicted by
the inverse square law and atmospheric attenuation at standard conditions
to yield 40 dBA when the criteria [(52 plus 10 log HP) dBA at 50 feet
on-axis to the heat-exchanger fans] is invoked.
(3) The compressor, generator and equipment connected thereto shall not be operated except for daytime testing until the owner or operator demonstrates that the compressor meets the performance standards expressed in Subsection
B(1) and
(2) above. It is the responsibility of the owner or operator of the equipment to satisfy these standards.
(4) The same standards of performance described in Subsection
B(1),
(2) and
(3) above shall be required for any continuously operating power source, and meeting this requirement shall be the responsibility of the owner and/or operator of the source.
C. Certification of noise level. Prior to being granted a permit for
the placement of equipment, the owner or operator of the equipment
proposed to be placed shall be responsible for verifying that the
equipment and quieting devices (silencer, low-speed fan, building,
buffers, etc.) as proposed will meet the specified decibel level requirements.
An ambient noise study conducted by a qualified expert in acoustical
engineering must be submitted in writing with the permit application
for the ambient noise level of the location and at occupied dwelling
units located in proximity thereto. Additionally, after placement
of the equipment is completed, along with specified quieting devices,
the same noise consultant must verify that the decibel requirements
are complied with.
D. Buffers. Where it is deemed necessary, either a natural or man-made
acoustical buffer may be required for the purpose of minimizing the
nuisance associated with the equipment. In extreme cases, where no
alternative is available, a fully enclosed and muffled structure may
be required.
E. Identification sign. Each piece of equipment shall be identified
with a sign conspicuously placed at the intersection of the access
road and the public highway, identifying the equipment, its location,
and the name of the person/company responsible for the unit, and a
twenty-four-hour emergency telephone number.
All compressors, generators and related equipment not surrounded
by a building constructed to bring the equipment in compliance with
the decibel levels herein specified shall be surrounded by a protective
fence of suitable construction as a safety factor.
Failure to comply with any provision of this article or the
Uniform State Fire Prevention and Building Code shall be deemed a
violation, and the violator shall be liable for a fine of not more
than $250 or imprisonment not to exceed 15 days, or both, and each
day such violation continues shall constitute a separate violation.
[Adopted 5-1-2006 by L.L. No. 1-2006]
This article shall not apply to sound produced by the following:
A. Amplifying equipment used in connection with activities the Town
authorizes, sponsors or permits, if the activity is conducted pursuant
to the conditions of the license, permit or contract authorizing the
activity.
B. Church bells or chimes or carillons.
E. Machines or devices producing sound on or in authorized emergency
vehicles.
F. Snowblowers, snow throwers and snowplows, when operated with a muffler
for the purpose of snow removal.
G. Commercial racing tracks.
I. Usual farm and agricultural operations and practices.
Any property owner or other person, firm, corporation or other
entity that shall commit an act in contravention of this article shall
be:
A. Deemed to have committed a violation, as provided in the Penal Law,
and shall be punished for each violation by a fine not to exceed $250,
a term of imprisonment for not more than 15 days, or by both such
fine and imprisonment. Each incident of violation of a provision hereof
shall constitute a separate offense.
B. Subject to a civil penalty not to exceed $100 a day for each day
of continued violation in excess of one week, which penalty may be
assessed against and recovered from the violator in a small claims
proceeding instituted by the Town of Busti in the Town Justice Court
pursuant to Article 18 of the Uniform Justice Court Act.
C. Subject to an action or proceeding by the Town of Busti in any court
of competent jurisdiction to compel compliance with or to restrain
violation of any provision of this article by injunction or other
equitable relief, such equitable remedy to be in addition to any other
penalties prescribed in this or any other law.
D. Subject to injunctive relief in favor of the Town of Busti to cease
any and all such actions which conflict with this article and, if
necessary, to enjoin any act in violation of this article.
A violation of this article shall be enforceable by any peace
officer, police officer or law enforcement agency that has jurisdiction
in the Town of Busti, who shall have authority to issue appearance
tickets for violations of any provision of this article.