[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Editor's Note: This local law also repealed former Ch.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.
This chapter shall be known as the "Noise Control Law of the
Town of Wappinger."
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.
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:
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.
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.
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.
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.
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.
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."
The dismantling, destruction or removal of buildings, structures,
utilities or roadways.
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.
An intermittent sound which is neither neighborhood residual
sound nor sound from the source under investigation.
The number of sound pressure oscillations per second, expressed
in Hertz, abbreviated "Hz."
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.
Any motor vehicle as defined by § 125 of the New
York State Vehicle and Traffic Law, or any successor statute.
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.
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.
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.
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.
Either:
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multidwelling unit building; or
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).
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.
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.
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.
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.
Any person, animal, device, operation, process, activity,
or phenomenon that emits or causes sound.
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.
Entities which provide essential and other services such
as and similar to gas and electric, water supply, sewage disposal,
telephone and cable TV services.
An oscillatory motion of solid bodies of deterministic or
random natures described by displacement, velocity or acceleration
with respect to a given reference point.
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.
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.
This chapter shall apply to all sound created in the Town of Wappinger, except as provided in § 166-5 below.
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.
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:
(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
| |
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:
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:
(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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
