The intent of this article is to articulate a set of performance standards to prevent unreasonable, disturbing, and unnecessary nuisances and reduce potential negative impacts related to sound, vibration, odor, toxic matter, heat, dust, and smoke or other potentially offensive elements within the Town in an effort to preserve the public health, safety, and welfare of the community while fostering a high quality of life for Town residents.
A. 
Sound levels. The maximum permissible sound pressure levels of any permitted or specially permitted use shall be as herein established for the district listed in Table 50-1 of this article. This includes, but is not limited to, sound from such activities as productions, processing, cleaning, servicing, testing, operating, or repairing either vehicles, materials, good, products or devices. Sound pressure levels in excess of those established for the districts of the Town shall constitute prima facie evidence that such sound is an unnecessary noise.
B. 
Residential districts. Where any use is adjacent to a residential or mixed-use district at any point at the district boundary, the most restrictive district level limit shall apply.
C. 
Measurement of sound. Sound pressure levels shall be measured at the approximate location of the property line or at the boundary of the public right-of-way, at a height of at least four feet above the immediate surrounding surface. Such measurements should be made on a sound level meter of standard design and operated on the "A" weighting network designed for the level limits listed in Table 50-1.
Table 50-1: Sound Levels
District
Level Limit DB(A)
11:00 p.m. – 7:00 a.m.
Level Limit DB(A)
Residential
60
55
Commercial
70
65
Industrial
80
75
D. 
Exemptions. The following sounds shall not be deemed to be a violation of this chapter:
1) 
Sounds created by religious institution bells or chimes.
2) 
Sounds created by any government agency by the use of public warning devices.
3) 
Sounds created by public utilities in carrying out the operation of their franchises.
4) 
Sounds connected with events of any public or private educational institution, or a Town authorized event, concert, carnival, fair, exhibition, or parade.
5) 
Sounds created by funeral processions, the use of amplifiers for political or athletic events, or other official law enforcement activities.
6) 
Sounds connected with permitted agricultural uses.
7) 
Sounds created by the proper use of domestic power equipment rated five horsepower or less when used within the least restrictive time period of 7:00 a.m. to 11:00 p.m.
8) 
Sounds created by the discharge of firearms for the purposes of hunting during the hours permitted by state and local law.
Any operation which creates intense earthshaking vibration, e.g., heavy drop forges and heavy hydraulic surges, shall not be discernible beyond the property lines of the industry.
No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted. Agricultural uses protected under the New York State Agriculture and Markets Law shall be exempt from this provision.
No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property or business shall be permitted.
No direct or reflected heat shall be detectable from any residential or commercial district boundaries.
No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.
No smoke shall be emitted in such quantity as to become a nuisance.