Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 6-24-2013 by L.L. No. 10-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dog control — See Ch. 68.
Mass public assemblies — See Ch. 71.
Blasting — See Ch. 80.
Firearms — See Ch. 126.
Go-carts — See Ch. 145.
Zoning — See Ch. 240.
[1]
Editor's Note: This local law also repealed former Ch. 166, Noise, adopted 9-12-1977 by L.L. No. 7-1977.

§ 166-1 Title.

This chapter shall be known as the "Noise Control Law of the Town of Wappinger."

§ 166-2 Legislative intent and purpose.

A. 
Excessive sound is hereby determined to be a public nuisance which is disruptive of the peace and quiet, and which impairs the health, safety, welfare and quality of life of the residents of the Town of Wappinger. A substantial body of science and technology exists by which excessive sound may be monitored and substantially abated. It is further determined that residents of the Town have a right to, and should be ensured of, an environment free from sound pollution. The Town Board hereby establishes that it is the policy of the Town to prevent excessive sound that may disrupt and degrade the quality of life and that may jeopardize the health, safety and welfare, and the peace and quiet of the citizens. This chapter shall apply to the control of excessive sound within the Town of Wappinger.
B. 
It is hereby declared that the making, creation or maintenance of excessive and unreasonable sounds within the Town affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the Town. For the purpose of controlling and reducing such excessive sounds, it is hereby declared to be the policy of the Town to set the unreasonable and prohibited noise standards and decibel levels contained herein and to consolidate certain of its noise control legislation into this code. The necessity for legislation by enactment of the provisions of this chapter is hereby declared as a matter of legislative determination.
C. 
The Town Board of the Town of Wappinger determines that regulation of all-terrain vehicles is necessary to insure that the order, health, safety and general welfare of persons or property within the Town is protected. These regulations are adopted pursuant to the authority of Municipal Home Rule Law § 10 and Vehicle and Traffic Law § 2404(6).
D. 
This code shall be liberally construed so as to effectuate the purposes described in this section. It is the intent of the Town Board that police departments having jurisdiction in the Town of Wappinger as well as other agencies of the Town set forth in this chapter shall have the authority to enforce the provisions of this code and police officers and designated employees of the Town shall have the power to issue summonses, appearance tickets and notices of violation for violations of this code.

§ 166-3 Definitions.

All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The unit of measurement is the dB(A). This frequency weighting network for the measurement of sound levels shall comply with standards established by the American National Standards Institute specifications for sound level meters S1.4-1983, as amended.
ALL-TERRAIN VEHICLE
Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways and as further defined by § 2281 of the New York State Vehicle and Traffic Law, or any successor statute. All-terrain vehicles shall include, but not be limited to, off-road motorcycles and minibikes.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utilities or other property, including but not limited to related activities such as land clearing, grading, earthmoving, excavating, blasting, filling and landscaping.
CONTINUOUS SOUND
Sound which lasts one second or longer. Impulsive sounds that are rapidly repetitive and have a duration of one second or longer shall be measured as continuous airborne sound. Continuous sound shall be measured by the slow response setting of a sound level meter.
dBA
The abbreviation designating the unit of sound level as measured by a sound level meter using the A-weighting, also known as "dBA." All references to "decibel" or "db" shall be presumed to mean "dBA" unless otherwise specified.
DECIBEL
The practical unit of measurement for a sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated "dB."
DEMOLITION
The dismantling, destruction or removal of buildings, structures, utilities or roadways.
EMERGENCY WORK
Any work or action necessary to deliver essential public services, including, for example, but not limited to, repairing water, gas, electricity, telephone, sewer, or public transportation facilities, removing fallen trees on roads or highways, dredging navigational waterways, or abating property- or life-threatening conditions.
EXTRANEOUS SOUND
An intermittent sound which is neither neighborhood residual sound nor sound from the source under investigation.
FREQUENCY
The number of sound pressure oscillations per second, expressed in Hertz, abbreviated "Hz."
IMPULSIVE SOUND
A single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. Impulsive sound that repeats four or more times in any hour is deemed to be continuous sound.
MOTOR VEHICLE
Any motor vehicle as defined by § 125 of the New York State Vehicle and Traffic Law, or any successor statute.
MUFFLER
An apparatus generally consisting of but not limited to a series of chambers or baffles for the purpose of transmitting gases while reducing sound levels.
NEIGHBORHOOD RESIDUAL SOUND LEVEL
That measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous sound and the sound from the source of interest. Neighborhood residual sound level shall be measured in accordance with § 166-6K.
NOISE
Any sound of such level and duration as to be or tend to be a public nuisance, or which is disruptive to the peace and quiet, or which impairs the health, safety, welfare or quality of life of individuals or the public.
PLAINLY AUDIBLE
Any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using his or her unaided hearing faculties. For the purposes of the enforcement of this chapter, the detection of any component of music, including but not limited to the rhythmic bass by a person using his or her unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of such music. In the case of motor vehicles, the detection of the sound of a muffler or of an exhaust by a person using his or her unaided hearing faculties is sufficient to verify plainly audible sound. Plainly audible sound does not require measurement with a sound level meter.
REAL PROPERTY LINE
Either:
A. 
The imaginary line, including its vertical extension, that separates one parcel of real property from another;
B. 
The vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling unit building; or
C. 
On a multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area).
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium.
SOUND LEVEL
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in the American National Standards Institute (ANSI) specifications for sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER
Any instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels in a specified manner and which complies with standards established by the American National Standards Institute specifications for sound level meters S1.4-1983, as amended.
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND SOURCE
Any person, animal, device, operation, process, activity, or phenomenon that emits or causes sound.
TOTAL SOUND LEVEL
That measured level which represents the summation of the sounds from the source under investigation and the neighborhood residual sound level, excluding any extraneous sound, when measured on the property of an affected person.
UTILITIES
Entities which provide essential and other services such as and similar to gas and electric, water supply, sewage disposal, telephone and cable TV services.
VIBRATION
An oscillatory motion of solid bodies of deterministic or random natures described by displacement, velocity or acceleration with respect to a given reference point.
WEEKDAY
Any day that is not a federal or state holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 7:00 p.m.
WEEKEND
The portion of the week that begins on Friday at 7:00 p.m. and ends on the following Monday at 7:00 a.m. and, for the purposes of this definition, includes federal and state holidays.

§ 166-4 Applicability.

This chapter shall apply to all sound created in the Town of Wappinger, except as provided in § 166-5 below.

§ 166-5 Exemptions.

Regardless of the decibel limits or any plainly audible standards, the provisions of this chapter shall not apply to:
A. 
Sound emitted for the purpose of alerting people to an emergency, performing emergency work, or correcting an emergency situation.
B. 
Sound from a church, synagogue, mosque, or other house of worship, when part of religious activities.
C. 
Sound from educational or extracurricular activities of a public or private school.
D. 
Sound from snowblowers, chain saws and other tools and equipment are exempted from these limits when they are being used to clear driveways, streets or walkways during and within 48 hours after snowfalls, rainstorms, ice storms, windstorms or similar emergencies, so long as all internal combustion engines are equipped with a properly functioning muffler.
E. 
Sound from a burglar alarm of any building or vehicle, provided such burglar alarm terminates its operation within five minutes of activation.
F. 
Sound generated by concerts and events authorized or sponsored by a governmental entity having jurisdiction within the Town of Wappinger.
G. 
Sound from farm operations as defined by the New York State Agriculture and Markets Law.
H. 
The engine or exhaust sound of motor vehicles when on public roadways. However, no internal combustion engine shall be operated at any time or place in the Town of Wappinger without a properly functioning muffler.
I. 
Sound generated by garbage trucks as follows:
[Amended 11-25-2013 by L.L. No. 15-2013]
(1) 
On weekdays between 5:00 a.m. and 10:00 p.m. when servicing of property used for commercial, industrial, governmental, educational purposes and for multifamily residential developments containing four or more units;
(2) 
On weekdays between 5:30 a.m. and 10:00 p.m. when servicing of properties in one- and/or two-family residential zoning districts;
(3) 
On weekends and legal holidays between 6:00 a.m. and 10:00 p.m.;
(4) 
Loaded garbage trucks shall perform compacting operations in areas without residences; and
(5) 
Whenever an area contains a mix of different uses, the most restrictive standard shall apply.
J. 
Sound generated by the normal operation of utilities as defined in this chapter.
K. 
The sound generated by quieter backup alarms that are either self-adjusting or manually adjusting and approved in accordance with OSHA regulations, 29 CFR 1926.601(b)(4) and 1926.602(a)(9) are exempt at all times.
L. 
The sound generated by backup alarms and other safety alarms approved in accordance with OSHA regulations are exempt from 7:00 a.m. to 10:00 p.m.
M. 
Emergency energy release devices.
N. 
Sound to relocate wildlife authorized by a governmental agency.
O. 
Sound produced by aircraft flight operations.
P. 
Sounds produced by railroads.
Q. 
Sounds produced by the authorized use of explosive devices.
R. 
Sounds produced by fireworks displays authorized pursuant to Article 405 of the Penal Law.
S. 
Normal operation of a handgun, rifle, shotgun, skeet shooting or trapshooting range that is permitted under the Code of the Town of Wappinger or the laws of the State of New York.
T. 
Emergency electricity generators in use during an electrical outage.

§ 166-6 Sound measurement procedures.

A. 
Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions, including but not limited to, design, maximum, and fluctuating rates.
B. 
All tests shall be conducted in accordance with the following procedures:
(1) 
All sources contributing sound to the point of measurement shall be identified to the extent practicable.
(2) 
Measurements shall be taken at or within the real property line of the affected person.
(3) 
The measuring instrument must be calibrated using a calibrator recommended by the measuring instrument manufacturer before and after each series of readings.
(4) 
The measuring instrument must be recertified and the calibrator must be recalibrated at least once each year by the manufacturer or by a person that has been approved by the manufacturer. A copy of written documentation of such recertification and recalibration shall be kept with the equipment to which it refers.
(5) 
No outdoor measurements shall be taken:
(a) 
During periods when wind speeds (including gusts) exceed 15 miles per hour;
(b) 
Without a windscreen, recommended by the measuring instrument manufacturer, properly attached to the measuring instrument;
(c) 
Under any condition that allows the measuring instrument to become wet (e.g., rain, snow or condensation); or
(d) 
When the ambient temperature is out of the range of the tolerance of the measuring instrument.
C. 
The report for each measurement session shall include:
(1) 
The date, day of the week, and times at which measurements are taken;
(2) 
The times of calibration;
(3) 
The weather conditions;
(4) 
The identification of all monitoring equipment by manufacturer, model number, and serial number;
(5) 
The normal operating cycle of the sources in question with a description of the sources;
(6) 
The total sound level, in dBA, with the sources in question operating;
(7) 
The neighborhood residual sound level, in dBA, without the sources in question operating; and
(8) 
A sketch of the measurement site, including measurement locations and relevant distances, containing sufficient information for another investigator to repeat the measurements under similar conditions.
D. 
Prior to taking noise measurements, the investigator shall explore the vicinity of the source in question to identify any other sound sources that could affect measurements, to establish the approximate location and character of the principal sound source, and to select suitable locations from which to measure the sound from the source in question.
E. 
When measuring continuous sound, or sound that is sustained for more than one second at a time, the measuring instrument shall be set for A-weighting, Lmax, slow response, and the range (if the measuring instrument is designed to read levels over different ranges) shall be set to that range in which the meter reads closest to the middle of the scale. The minimum and maximum readings shall be recorded to indicate the range of monitored values along with the central tendency average most often displayed.
F. 
When measuring impulsive sound, or sound that is sustained for less than one second at a time, the measuring instrument shall be set for A-weighting, Lmax, fast response, and the range (if the measuring instrument is designed to read levels over different ranges) shall be set to that range in which the meter reads closest to the middle of the scale.
G. 
The measuring instrument shall be placed at a minimum height of three feet above the ground or from any reflective surface. When handheld, the microphone shall be held at arm's length and pointed at the source at the angle recommended by the measuring instruments manufacturer.
H. 
When conducting indoor sound level measurements across a real property line, the measurements shall be taken at least three feet from any wall, floor or ceiling, and all exterior doors and windows shall be closed. When measuring total sound level, all sound sources within the room must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets and bathrooms.
I. 
If extraneous sound sources, such as aircraft flyovers, passing trains or barking dogs, which are unrelated to the measurements, increase the monitored sound levels, the measurements should be postponed until these extraneous sounds have become of such a level as not to increase the monitored sound levels of interest.
J. 
The monitoring session should last for a period of time sufficient to ensure that the sound levels measured are typical of the source in question.
K. 
Neighborhood residual sound is measured as follows:
(1) 
As continuous sound in accordance with Subsection E above.
(2) 
At the same time of day that the source under investigation is in operation.
(3) 
When the sound from the source under investigation can be discontinued, the neighborhood residual sound shall be measured at the same location at which the total sound was measured.
(4) 
When the sound under investigation cannot be reasonably discontinued, the neighborhood residual sound may be measured at an alternative location, in accordance with the following procedure:
(a) 
The alternative location should be as close as feasible to the original sound measurement location, but so located that the sound from the source has as little effect as possible on the neighborhood residual sound measurement. Even if the source sound is audible, or is sufficient to raise the sound level above that which would be measured were it inaudible at the alternative location, the reading is sufficient for the purpose of this procedure.
(b) 
The alternative location chosen must be such that buildings in the vicinity are similar in size and distribution; the local topography is similar in character to the location of the affected property, where the total sound was measured.
(c) 
Traffic conditions at the time of neighborhood residual sound measurement must be similar to those at the location of the affected property where the total sound was measured.
L. 
The neighborhood residual sound levels shall be subtracted from the measured sound levels of the source of interest by using Table 1 to determine the sound levels from the source of interest alone. If the total sound level is less than three dBA higher than the neighborhood residual sound level, a violation of the chapter cannot be substantiated. If the difference between the total sound level and the neighborhood residual sound level is greater than 10 dBA, no correction to the sound level of the source of interest is necessary.
Table 1 Correction for Neighborhood Residual Sound Levels (in dBA)
Difference Between Total Sound Level
and Neighborhood Residual Sound Level
Correction Factor to Be Subtracted from
Total Sound Level for Source Sound Level
3
3
4.5
2
6 to 9
1
10 or more
0

§ 166-7 Continuous sound: maximum permissible sound level.

A. 
Outdoor sound level.
(1) 
Except as otherwise provided for in this chapter, no person shall cause, suffer, allow or permit the operation of any source of sound in such a manner so as to create a continuous sound level from such sound source at an outdoor location within the real property line of a receiving property that exceeds the following limits:
(a) 
Receiving property in residential zoning districts:
[1] 
During the hours of 7:00 a.m. to 10:00 p.m.: 65 dB(A) maximum sound level (Lmax); or
[2] 
During the hours of 10:00 p.m. to 7:00 a.m.: 50 dB(A) maximum sound level (Lmax).
(b) 
Receiving property in all other zoning districts:
[1] 
At any time: 65 dB(A) maximum sound level (Lmax).
B. 
Indoor sound levels.
(1) 
Except as otherwise provided for in this chapter, no person shall cause, suffer, allow or permit the operation of any source of sound in such a manner so as to create a continuous sound level from such sound source at an indoor location within the real property line of a receiving property that exceeds the following limits:
(a) 
Receiving property in residential zoning districts:
[1] 
During the hours of 7:00 a.m. to 10:00 p.m.: 55 dB(A) maximum sound level (Lmax); or
[2] 
During the hours of 10:00 p.m. to 7:00 a.m.: 40 dB(A) maximum sound level (Lmax).
(b) 
Receiving property in all other zoning districts:
[1] 
At any time: 55 dB(A) maximum sound level (Lmax).
(2) 
Indoor sound levels shall only apply if:
(a) 
The sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling-unit building or a multiuse property (e.g., sound generated within a commercial unit of a multiuse property building and received within a residential unit of the same building);
(b) 
The real property line between the receiving property and the source property is a common wall, floor or ceiling; or
(c) 
It is not practicable to obtain an outdoor sound measurement at the receiving property.
C. 
Sound from construction or demolition activity between 7:00 a.m. and 7:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from the provisions of this section, provided all motorized equipment used in such activity is equipped with functioning mufflers.
D. 
Sound from landscaping and yard maintenance activity between 7:00 a.m. and 7:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from the provisions of this section, provided all motorized equipment used in such activity is equipped with functioning mufflers.

§ 166-8 Impulsive sound: maximum permissible sound levels.

A. 
Except as otherwise provided for in this chapter, no person shall cause, suffer, allow or permit the operation of any source of sound in such a manner so as to create an impulsive sound that exceeds 80 dB(A) as measured at a distance of 15 feet or more from the source.
B. 
Impulsive sound that repeats four or more times in any hour shall be considered to be continuous sound and shall be regulated in accordance with § 166-7.
C. 
Sound from construction or demolition activity between 7:00 a.m. and 7:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from the provisions of this section, provided all motorized equipment used in such activity is equipped with functioning mufflers.
D. 
Sound from landscaping and yard maintenance activity between 7:00 a.m. and 7:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from the provisions of this section, provided all motorized equipment used in such activity is equipped with functioning mufflers.

§ 166-9 Specific noise sources.

A. 
Notwithstanding the exemption provisions of §§ 166-7C and 166-8C, construction and demolition activity shall not be performed between 7:00 p.m. and 7:00 a.m. on weekdays and between 6:00 p.m. and 9:00 a.m. on weekends, except as permitted in accordance with § 166-12. At all times, all motorized equipment used in construction and demolition activities shall be operated with a properly functioning muffler.
B. 
Notwithstanding the exemption provisions of §§ 166-7D and 166-8D, power tools used for landscaping and yard maintenance shall not be operated between the hours of 7:00 p.m. and 7:00 a.m. on weekdays or between the hours of 6:00 p.m. and 9:00 a.m. on weekends in such a manner that they are plainly audible within the residence of an affected person. All motorized equipment used in these activities shall be operated with a properly functioning muffler. Power tools used for landscaping and yard maintenance may be operated consistent with the maximum permissible sound limits set forth in §§ 166-7 and 166-8 between the hours of 7:00 p.m. and 7:00 a.m. on weekdays or between the hours of 6:00 p.m. and 9:00 a.m. on weekends.
C. 
Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate or use or cause to be operated loudspeakers, musical instruments, machinery, domestic equipment, heavy equipment or engines or other sound production devices in such a manner so as to be plainly audible in any public place at a distance of 50 feet or more from the source; or so as to annoy or disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel, hospital, or other type of residence, except as permitted in accordance with § 166-12 or 166-13.
D. 
Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate or use or cause to be operated a premises in such a manner so as to be plainly audible in any public place at a distance of 50 feet or more from the source; or so as to annoy or disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel, hospital, or other type of residence, except as permitted in accordance with § 166-12 or 166-13.
E. 
Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated in a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet or more in any direction from the operator.
F. 
No person shall engage in persistent or repeated yelling, shouting, hooting, whistling, singing, or the making of other loud noises between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible in any public place at a distance of 50 feet or more in any direction or so as to annoy or disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel, hospital, or other type of residence, or in any office, or of any persons in the vicinity of any such person in or on the public sidewalks, ways or other public places.
G. 
No person having charge, care, custody, or control of any animal shall cause or permit such animal to cause unreasonable noise, including, but not limited to, any sound that is plainly audible at any location within any residential receiving property as set forth below:
(1) 
At or after 7:00 a.m. and before 10:00 p.m., continuously for a period of 10 minutes or more.
(2) 
At or after 10:00 p.m. and before 7:00 a.m., continuously for a period of five minutes or more.

§ 166-10 Motor vehicles.

A. 
Noise emanating from the operation of a motor vehicle on public highways is regulated by § 386 of the New York State Vehicle and Traffic Law and the regulations adopted pursuant to that statute. The maximum noise levels set forth in the Vehicle and Traffic Law for the operation of a motor vehicle on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of a motor vehicle on all other property in the Town of Wappinger.
B. 
Noise emanating from a motor vehicle other than from their operation, including, but not limited to, the noise of radios, is regulated by this chapter and must not be plainly audible more than 50 feet from the vehicle from which the noise emanates.

§ 166-11 All-terrain vehicles.

A. 
No person shall operate or cause to be operated any all-terrain vehicle that is not equipped with a properly functioning muffler system required by § 2406(1)(b) of the New York State Vehicle and Traffic Law.
B. 
No all-terrain vehicle shall be operated within 400 feet of any residence, except the residence of the owner or operator thereof, between the hours of 7:00 a.m. to 10:00 p.m.
C. 
No all-terrain vehicle shall be operated within 800 feet of any residence, except the residence of the owner or operator thereof, between the hours of 10:00 p.m. and 7:00 a.m.

§ 166-12 After-hours construction work.

A. 
Authorization for after-hours construction work may only be issued in the case of work by or on behalf of a governmental entity or public utility, which is in the public interest or is intended to enhance public safety, and where the applicant has substantiated a claim that working during normal construction hours constitutes undue hardship resulting from unique site characteristics, unforeseen conditions, safety concerns, public necessity, traffic control, scheduling commitments and/or financial considerations. Construction work in public rights-of-way required by Town, county, state or federal permits to take place during after-hours periods may also be issued authorizations pursuant to this section.
B. 
The Planning Board may, along with site development plan and/or special permit approvals, issue an after-hours work authorization for the work site. Such after-hours authorization may permit construction work to be performed at the site after 7:00 p.m. and before 7:00 a.m. the following morning on weekdays and after 6:00 p.m. and before 9:00 a.m. the following morning on weekends, subject to the conditions and restrictions set forth in the after-hours authorization and this section.
C. 
The after-hours authorization must include a noise mitigation plan for the site in accordance with this chapter. The after-hours authorization may be granted upon a detailed conceptual noise mitigation plan but any final noise mitigation plan must be supplied and approved prior to the issuance of any building permits. In the case of emergency work, such certification shall be submitted within three days after the commencement of the work.
D. 
For good cause shown, the after-hours authorization issued by the Planning Board may authorize construction noise levels from the site to exceed the maximum permissible sound levels set forth in §§ 166-7 and 166-8, provided that sufficient mitigation is provided in the noise mitigation plan as determined by the sole discretion of the Planning Board. Construction noise levels from the site may exceed the maximum permissible sound levels set forth in §§ 166-7 and 166-8 only when work at the construction site is in compliance with the noise mitigation plan.
E. 
After-hours work at the site not being performed in compliance with an approved noise mitigation plan is a violation of this chapter and also constitutes a violation of the underlying site development plan and/or special permit which can occasion the issuance of an order to remedy and/or a stop-work order.
F. 
Where there is full compliance with the noise mitigation plan yet nevertheless aggregate sound levels from the site where an after-hours authorization is in effect exceed 8dBA above the neighborhood residual sound level, as measured in any residential receiving property dwelling unit (with windows and doors that may affect the measurement closed), the Town may require that the noise mitigation plan be amended to provide additional noise mitigation measures at the site to reduce aggregate sound levels so that sound levels shall not exceed five dBA above the neighborhood residual sound level. Failure to employ the amended noise mitigation plan within the time prescribed by the Town shall be a violation of this chapter and also constitutes a violation of the underlying site development plan and/or special permit which can occasion the issuance of an order to remedy and/or a stop-work order.

§ 166-13 Application for special waiver.

A. 
The Town Board shall have the authority to grant special waivers from the provisions of this chapter for up to two years for good cause shown.
B. 
Any person who owns or operates any sound source may file an application with the Town Zoning Administrator for a special waiver from any of the provisions of this chapter. The Zoning Administrator shall review the application to ensure that it is complete before forwarding it to the Town Board. The application shall consist of a letter signed by the applicant and shall contain information, including but not limited to:
(1) 
The name and address of the applicant.
(2) 
The nature and location of the sound source for which such application is made.
(3) 
The nature and intensity of sound that will occur during the period of the waiver and the length of time for which the waiver is sought.
(4) 
The reason for the requested waiver and a presentation of adequate proof that sound levels occurring during the period of the waiver will not constitute a danger to public health, safety or welfare.
(5) 
A presentation of adequate proof that compliance with this chapter would impose an unreasonable hardship upon the applicant or the public.
(6) 
An application fee in accordance with Chapter 122, Article IV, § 122-16H.1(1) of the Town Code and an escrow for review pursuant to § 122-2 of the Town Code.
C. 
The Town Board may hold a public hearing on the waiver. If the Town Board holds a hearing, it shall publish a notice of the hearing, including the time and place of the hearing, in the official paper of the Town not less than 10 days prior to the date of the public hearing. If the sound source for which a waiver is requested is located on a particular premises, all property owners within 1,000 feet of the premises shall receive notice of the public hearing by mail.
D. 
The Town Board may impose conditions on the special waiver intended to protect the health, safety, welfare and quality of life of the residents of the Town of Wappinger.

§ 166-14 Penalties for offenses.

A. 
Criminal. Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20T of the Town Code or imprisonment for not more than 15 days, or both. Each day's violation shall constitute a separate offense.
B. 
Civil. Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be liable for a civil penalty in the amount set forth in Chapter 122, Article V, § 122-20T of the Town Code. Each day's violation shall constitute a separate offense.

§ 166-15 Enforcement.

A. 
This chapter will be enforced by the Zoning Administrator, the Building Inspector, and the Fire Inspector, their duly authorized representatives, and any police agency having jurisdiction within the Town of Wappinger or any official designated by the Town Board.
B. 
The persons designated in Subsection A of this section are authorized to issue notices of violation, orders to remedy and appearance tickets to enforce the provisions of this chapter.