Ballston Town City Zoning Code
ARTICLE XVII
Activity Standards for Annoying and Injurious Substances, Conditions and Operations
§ 138-86 Applicability of standards.
The following activity standards shall apply in all districts and shall be subject to any and all currently effective New York State and/or federal regulations.
§ 138-87 Vibration.
No vibration shall be discernible at the lot lines or beyond.
§ 138-88 Smoke.
No emission of visible gray smoke of a shade equal to or darker than No. 2 on the Ringelmann Chart, measured at the point of emission, shall be permitted.
§ 138-89 Odors.
No offensive odor shall be noticeable at the lot line or beyond.
§ 138-90 Fly ash; dust.
No emission which can cause any damage to health, animals or vegetables or other forms of property or any excessive soiling shall be permitted.
§ 138-91 Glare.
No direct or sky-reflected glare shall be visible at the lot line or beyond.
§ 138-92 Liquid or solid wastes.
No discharge into any present or future disposal system, public or private, or streams, or into the ground, of any materials of such nature or temperature as to contaminate groundwater supply or any natural body of water shall be permitted.
§ 138-93 Radioactivity.
No activities which emit hazardous radioactivity at point, as defined by federal and/or New York State government standards, shall be permitted.
§ 138-94 Noise.
The following acts are deemed to be in violation of this chapter and shall constitute unreasonable noise:
A.
The conducting of any construction operations between the hours of 10:00 p.m. and 6:00 a.m., except when necessary in an emergency to protect or preserve property or when necessary in the public interest.
B.
In any residential zoning district, the use of any device or apparatus for the amplification of sound, between the hours of 10:00 p.m. and 6:00 a.m., in such a manner as to generate a sound-pressure level of 55 decibels (dBA) or greater, as measured from any point along the boundary line of the real property on which the sound pressure is generated that is facing the nearest sensitive receptor.
C.
In any nonresidential zoning district within 250 feet adjacent to and/or abutting a residential district, the residential rules and limitations will apply.
D.
For any source of sound emitting a continuous pure tone, or cyclically varying sound, or repetitive impulsive sound, the maximum sound pressure level allowed in this chapter shall be reduced by five dB(A).
E.
No person shall operate, or permit to be operated, on private property any source of sound in such a manner as to create:
(1)
A sound pressure level that exceeds the limits set forth for the receiving land use category in the following table, which may be measured at or within the real property boundary of the receiving land use; or
(2)
A sound pressure level that exceeds the limits set forth for the receiving land use category in the following table for more than 15 minutes in any sixty-minute time period which may be measured at or within the real property boundary of the receiving land use; or
(3)
A sound level that exceeds the ambient sound level by 5 dB which may be measured at or within the real property boundary of the receiving land use.
Receiving Land Use Category | Time of Day | Maximum Permissible Sound Pressure Level [dB(A)] |
|---|---|---|
Residential, rural, public property, open space, agricultural | 6:00 a.m. to 10:00 p.m. | 55 |
10:00 p.m. to 6:00 a.m. | 50 | |
Commercial, mixed-use business | 6:00 a.m. to 10:00 p.m. | 65 |
10:00 p.m. to 6:00 a.m. | 60 | |
Industrial (light, heavy) | 6:00 a.m. to 10:00 p.m. | 75 |
10:00 p.m. to 6:00 a.m. | 65 |
F.
Exemptions. The provisions of § 138-94 shall not apply to:
(1)
The unamplified human voice;
(2)
Railroad locomotive and cars use in interstate commerce;
(3)
All agricultural activities.
(4)
Use of emergency generators.
(5)
Snow removal activities.
(6)
Other driveway and road maintenance activities.
G.
The standards which may be considered in determining whether a violation of this chapter exists may include but is not limited to the following:
(1)
The level or volume of the noise.
(2)
The time of day or night the noise occurs.
(3)
Whether the noise is continuous, cyclical, or constant, and what the duration of the noise is.
(4)
Whether the making of the noise is reasonably necessary for the protection or preservation of property or of the health, safety and welfare of a person or persons.
(5)
Whether the noise is reasonably necessary for temporary building or construction operations.
(6)
Whether reasonable methods are available for deadening or muffling the noise.
(7)
The proximity of the noise to residential property or property customarily used by persons for sleeping.
(8)
The proximity of the noise to hospitals, schools, other types of care-giving facilities, or other sensitive sites.
(9)
Whether the sound is plainly audible.
§ 138-95 Fire and explosion hazard.
No process or storage of materials in such manner as to create undue hazard by reason of fire explosion shall be permitted.
§ 138-96 Unsanitary materials.
No material shall be stored either indoors or outdoors in a manner that facilitates the breeding of vermin.
§ 138-97 Electrical interference.
Electrical operations shall not create disturbances to radio and television reception in the vicinity.