[HISTORY: Adopted by the Town Board of the Town of Halfmoon 10-20-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
The location, noise levels, and visual impact of generators
over 50KW within the Town of Halfmoon may be detrimental to the health,
safety and general welfare of the community if not regulated. Generators
improperly installed may be unsightly and depreciate property values.
The regulation of the placement, noise levels, and screening methods
of generators over 50KW within the Town of Halfmoon is, therefore,
regulated for the preservation of the health, safety and general welfare
of the community.
A.
Hours of operation (nonemergency/testing). Unless otherwise approved
by the Town Board or Planning Board through a planned development
district or site plan review, all generators shall perform scheduled
or maintenance-related testing during daylight hours.
B.
Decibels. No generator shall emit sound greater than 85 decibels
at any point measured 23 feet from the generator.
C.
Site plan review. For nonresidential projects, generators over 50KW shall be subject to the site plan review requirements of Chapter 165 of the Code of the Town of Halfmoon.
D.
Generators located on property that is being utilized as nonresidential
shall be enclosed, fenced, and/or screened by appropriate landscaping.
The penalties for failing to comply with this chapter are detailed in § 165-76 of the Code of the Town of Halfmoon.
If any section, subsection, sentence, clause or other portion
of this chapter is for any reason declared unconstitutional or invalid,
in whole or in part, by any court of competent jurisdiction, such
portion shall be deemed severable, and such unconstitutionality or
invalidity shall not affect the validity of the remaining portions
of this chapter, which remaining portions shall continue in full force
and effect.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State pursuant to § 27 of the
Municipal Home Rule.
