Pursuant to the provisions of § 7-725-a of the Village Law and § 10 of the Municipal Home Rule Law and Article XX of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.
The minimum landscape requirements and erosion
and sedimentation controls for any use requiring site development
plan approval or subdivision are a general guide only and may be waived
or varied by the Planning Board where, due to special characteristics
of the project site, the proposed use, surrounding area or buildings
and structures, such changes are necessary to ensure compatibility
and conformance with other standards or criteria of this chapter.
The provisions of the State Environmental Quality
Review Act (SEQRA) shall be complied with as appropriate. Fees for
SEQRA processing are in addition to other fees required by this chapter
as set forth in the Standard Schedule of Fees of the Village of Montebello.[1]
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Village Clerk-Treasurer's office.
No person shall maintain a swimming pool unless
the safeguards set forth herein are observed:
A.
All in-ground swimming pools shall be encompassed
within a permanent protective fence so that the entire perimeter of
the swimming pool shall be surrounded thereby. The fence must be structurally
sound, durable, and maintained in such condition, not less than 48
inches in height, with spaces not exceeding 2 1/4 inches between the
planks or links. The entrance gate or gates shall have a self-latching
device located at the top of the fence and, except for ingress to
and egress from the swimming pool area, must be kept closed at all
times.
[Amended 6-22-2005 by L.L. No. 4-2005]
B.
Aboveground pools need not be fenced, provided that
the pool itself is so constructed that when not attended by a person
of suitable age that the steps or ladder to the pool shall be removed
or raised in such fashion so that access cannot be gained.
C.
All fences and other safeguards referred to herein
must be approved in writing by the Building Inspector of the Village
of Montebello.
D.
Distances to lot lines shall be measured from a point
beginning 10 feet from the edge of the pool.
A.
Conformance required. No use hereafter shall be established,
altered, moved or expanded unless it complies with the performance
standards set forth in this section. Continued conformance with such
standards shall be a requirement for the continuance of any certificate
of occupancy.
B.
Standards.
(1)
Noise.
(a)
Method of measurement. For the purpose of measuring
the intensity and frequencies of sound, sound-level meters and octave-band
filters shall be employed. Octave band analyzers calibrated with pre-1960
octave bands (American Standards Association Z24.10-1953, Octave Band
Filter Set) shall be used. Sounds of short duration, which cannot
be measured accurately with the sound level meter, shall be measured
with an impact noise filter in order to determine the peak value of
the impact.
(b)
Maximum permitted sound pressure level. The
decibels resulting from any activity, whether open or enclosed, shall
not exceed at any point, on or beyond any lot line, the maximum decibel
level for the designated octave band as set forth in the following
table, except that where the lot lies within 200 feet of a residence
district, whether within or without the Village, the maximum permitted
decibel level at any point on or beyond the district boundary shall
be reduced by six decibels from the maximum permitted level set forth
in the table and, further, except that such reduction shall also apply
to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m.,
and all day Sunday.
|
Octave Band
(cycles per second)
|
Sound Pressure Level
(decibels)
| |
|---|---|---|
|
0 - 74
|
66
| |
|
75 - 149
|
58
| |
|
150 - 299
|
55
| |
|
300 - 599
|
50
| |
|
600 - 1,199
|
45
| |
|
1,200 - 2,399
|
42
| |
|
2,400 - 4,799
|
38
| |
|
4,800 - 20,000
|
35
|
(c)
Exemptions. The following uses and activities
shall be exempt from the noise level regulations: noises not directly
under the control of the property user; noises emanating from construction
and maintenance activities between 8:00 a.m. and sunset; the noises
of safety signals, warning devices, emergency pressure relief valves
or other emergency warning signals; and transient noises of moving
sources, such as automobiles, trucks, airplanes and railroads.
(2)
Vibration.
(a)
Method of measurement. For the purpose of measuring
vibration, a measuring system approved by the Planning Board shall
be employed.
(b)
Maximum permitted steady state and impact vibration
displacement. No activity shall cause or create a steady state or
impact vibration on any lot line with a vibration displacement by
frequency bands in excess of that indicated in the following table.
|
Vibration Displacement
(inches)
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
|
Impact
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 - 19
|
0.0004
|
0.0008
| |
|
20 - 29
|
0.0003
|
0.0006
| |
|
30 - 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
(3)
Smoke, dust and other atmospheric pollutants.
(a)
General control. The emission of smoke and other
particulate matter shall not be permitted, regardless of quantity,
if it will be in any way detrimental to the public health, safety,
welfare or comfort or a source of damage to the property.
(b)
Method of measurement of smoke. For the purpose
of grading the density of smoke, the Ringelmann Smoke Chart shall
be used to determine the total smoke units emitted. A reading shall
be taken every minute for an hour or, if less than an hour, until
the total smoke units emitted exceeds the number allowed by these
regulations. Each reading shall be multiplied by the number of minutes
during which it was observed and the product added.
(c)
Maximum permitted emission of smoke. There shall
be no measurable emission of smoke, gas or other atmospheric pollutant.
The emission of one smoke unit per hour and smoke with discernible
density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(d)
Maximum permitted emission of dust. The emission
of dust related to combustion for indirect heating from any source
shall not exceed 0.30 pounds of dust per thousand pounds of flue gas
adjusted to 50% excess air for combustion. There shall be no measurable
emission of dust or other particulate matter not related to combustion
for indirect heating. All properties shall be suitably improved and
maintained with appropriate landscaping and paving, or other type
of improvement, so that there will be no measurable windblown dust
or other similar types of air pollution created.
(4)
Odorous matter. No land use shall be permitted which
emits any discernible odor outside the building in which the use is
conducted.
(5)
Toxic or noxious matter. No use shall be permitted
which will cause any dissemination whatsoever of toxic or noxious
matter outside the building in which the use is conducted.
(6)
Radiation and electromagnetic interference.
(a)
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, of the Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
(b)
Electromagnetic interference. No operation shall
be permitted which produces any perceptible electromagnetic interference
with normal radio or television reception in any area within or without
the Village.
(7)
Fire, explosive hazard and heat.
(a)
Fire and explosive hazard. No storage or manufacture of explosives or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat, under ordinary temperature conditions, shall be permitted except as provided for in Article III, § 195-11D.
(b)
Heat. There shall be no emission of heat which
would cause a temperature increase in excess of 1° F. along any
adjoining lot line, whether such change be in the air, in the ground
or in any watercourse or water body.
(8)
Liquid or solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Rockland County Health Department,
New York State Department of Environmental Conservation or any other
regulatory agency having jurisdiction. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street or from any adjoining property and so as to discourage
the breeding of rodents or insects.
(9)
Vehicular traffic. No business, industrial or other
nonresidential use shall be permitted where it is determined by the
Planning Board that the type and number of vehicle trips it is estimated
to generate would be expected to produce unusual traffic hazards or
congestion, or cause or induce emissions which may be expected to
interfere with the maintenance of air quality standards established
by the United States Environmental Protection Administration, the
New York State Department of Environmental Conservation or other regulatory
agency having jurisdiction, due to the design or capacity of the state
or highway system, the relationship of such proposed use to surrounding
or nearby industrial, commercial or residential uses or other factors
affecting air pollution arising from mobile source activity.
(10)
Lighting. All buildings and uses shall comply with the following
design standards for lighting:
[Added 5-19-2021 by L.L.
No. 3-2021]
(a)
Where lights will be visible to adjacent properties, the lights
shall be appropriately shielded. Luminaires should produce a minimum
of direct or spill light to adjacent properties or roadways.
(b)
Spotlight-type fixtures attached to buildings shall be avoided.
(c)
The maximum illumination level at property lines shall be 0.1
footcandle.
(d)
The color temperature or warmth of luminaires shall be 3,000
K or less.
