New Windsor City Zoning Code
ARTICLE X
Performance Standards
§ 300-66 Conformance required.
Every use subject to performance standards shall conform to the restrictions set forth below.
§ 300-67 Hazardous materials.
All hazardous materials, except customary household items, including explosives and components are prohibited from being stored or kept overnight in residential areas. The use of such materials in other zones is covered by the New York State Uniform Fire Prevention and Building Code. For a definition of "hazardous materials," see the North American Emergency Response Guidebook, as amended.
§ 300-68 Electrical transmission and distribution.
The criteria for regulation of electrical transmission and distribution are governed by the New York State Public Service Law, Article VII.
§ 300-69 Air pollution.
No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution shall be permitted which can cause damage, injury or contamination to health, animals, vegetation or property, or which can cause soiling of paint on structures, equipment and vehicles.
§ 300-70 Liquid and solid wastes.
No discharge shall be permitted at any point into any private sewage disposal system, or into the street or the ground, of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accordance with standards approved by the State Department of Health or the County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted. Discharges to public sewage disposal systems shall conform to the sewer regulations of the Town of New Windsor.
§ 300-71 Noise and illumination control.
A.
Purpose. It is hereby declared to be the policy of the Town of New Windsor to safeguard the right of its residents within the privacy of their residences and yards to be free from intrusive, unwanted sounds and lights. To resolve problems of noise and light which are disturbing to others, it is the policy of the Town of New Windsor and the purpose of this section to establish standards, variance procedures, enforcement procedures and penalties.
B. DECIBEL [dB OR dB(A)] ILLUMINATION SOUND LEVEL SOUND-LEVEL METER SOUND-REPRODUCTION DEVICE UNREASONABLY INTRUSIVE
Definitions. As used in this section, the following terms and phrases shall have the following meanings:
A unit for measuring the volume of sound, equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to a standard pressure of 20 micro-Newtons per square meter.
The lighting or floodlighting outside the confines of a structure, by means of electricity or the combustion of gases or liquids, of an area, object or structure.
The sound-pressure level measured in decibels with a sound-level meter set to A-weighting, expressed in dB(A).
An instrument for the measurement of sound levels which conforms to Type 1 or Type 2 standards under ANSI Specification S 1.4-1971 or the latest approved revision.
Any electronic or electrical device that is used for the production of sound, including but not limited to any loudspeaker, radio, television, tape recorder or player, phonograph or any other sound-amplifying equipment.
Any sound or light which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities under the circumstances.
C.
Prohibited activities, noise and illumination.
(1)
No person shall perform the following acts so as to produce sound or noise at a sound level exceeding the limitations set forth in Subsection D: operate any machinery (including construction machinery), equipment, pump, fan, air-conditioning apparatus, motorized lawn or gardening equipment, sound-reproduction device or any other device.
(2)
No person shall install any source of illumination or permit any source of illumination to be installed on his property in such a manner that direct rays are cast upon any residential property other than the lot on which such illumination is installed or otherwise violate the standards for illumination set forth in Subsection G.
(3)
No person shall cause or permit the engine of a motor vehicle, other than an authorized emergency or public utility motor vehicle, to idle for longer than five minutes while the motor vehicle is stationary on private property unless the engine is used to operate a loading, unloading or operating device.
(4)
No person shall perform any act which produces unreasonably intrusive sound or noise. Operation of any sound-producing or sound-reproduction device, including but not limited to stereos, radios, CD players and televisions, between the hours of 9:00 p.m. and 8:00 a.m. in such manner as to be plainly audible on adjacent properties, including apartments and co-op or condo units, at a distance of 50 feet shall be prima facie evidence of a violation of this subsection.
(5)
No burglar alarm or fire alarm shall be permitted to shriek for more than one hour without being silenced. In the event that a burglar alarm or fire alarm shrieks for more than one hour, any law enforcement or code enforcement officer shall take whatever measures are reasonably necessary to disengage the alarm. Any charges incurred by reason of the silencing or disengaging of the alarm by a commercial vendor shall be billed to the occupant or owner. In the event that the bill is not paid, the bill shall be assessed against the real property tax of the premises. Sound from an exterior burglar alarm of any building or motor vehicle shall terminate within 15 minutes after it has been activated.
(6)
No person shall sound any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place except as a danger warning, nor sound any such device for an unnecessary and unreasonable period of time, nor use any such device when traffic is for any reason held up.
D.
Maximum sound levels; measurement standards.
(1)
Except for noise emanating from the operation of motor vehicles on public highways and private roads, the permissible intensity of noise for the foregoing between the hours of 8:00 a.m. to 10:00 p.m. and 10:00 p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or continuous, is as follows [the maximum sound-pressure level, i.e., A-scale reading of standard calibrated sound meter, instrument calibration frequency of 1,000 cycles per second (hertz)]:
(2)
The measurement of any sound or noise shall be made with a sound-level meter using the A-weighted scale and slow response, except for sounds or noises which occur in single or multiple bursts with a duration of less than one second, for which fast response shall be used. The sound level determination or measurement shall be conducted not nearer to the sound source than the closest property line of the parcel on which such noise is generated, except where otherwise specified.
E.
Noise from motor vehicles.
(1)
Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum noise levels set forth in the Vehicle and Traffic Law for the operation of motor vehicles 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 motor vehicles on all private roads in the Town of New Windsor. When operated on other property, motor vehicles must conform to the standards set forth in Subsection D.
(2)
The operation of commercial vehicles for the pickup of garbage and refuse, such use being deemed an unreasonably intrusive operation, is hereby restricted to the hours of operation from 6:00 a.m. to 5:00 p.m.
F.
Measurement of sound-pressure levels as evidence. Upon the trial of any persons charged with creating unreasonably loud, disturbing and unnecessary noise in violation of this chapter, the court may admit, in addition to the reasonable standard, evidence of sound-pressure levels in decibels as shown by a standard calibrated sound meter. For the purpose of this section, evidence that noise exceeding the maximum sound-pressure levels in decibels, as provided in Subsection D hereof, may be admitted as prima facie evidence that the noise was in violation of this chapter.
G.
Illumination standards.
(1)
The area of brilliance, character, color, degree, density, intensity, location and of illumination shall be the minimum necessary to provide for the security of the property and the safety and welfare of the public.
(2)
All sources of illumination on nonpublic property, including the lighting of signs, shall be shielded or directed in such a manner that the direct rays adjacent are not cast upon any property used for residential purposes, other than the lot on which such illumination is situated.
(3)
Illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity, excluding the lighting of signs conveying public domain information, such as time and temperature.
(4)
The duration, period or time of illumination of nonresidential premises shall be the minimum necessary to provide for the security of the property and the safety and welfare of the public. For nonresidential premises open to the public, illumination shall be extinguished, except that necessary for the security of the property and safety of persons thereon, one hour after the premises is closed to the public.
(5)
Illumination connected or used with a sign or otherwise which competes for attention with or may be mistaken for a traffic signal or creates a distractive hazard to traffic by glare or movement is prohibited.
(6)
Illumination for all multifamily and nonresidential uses shall be subject to Planning Board site plan approval.
H.
Exceptions.
(1)
Nothing in this section shall be construed to prevent the production of music and light in connection with any military or civic parade, holiday festival or decoration, funeral procession or religious service.
(2)
This section shall not be construed to prohibit the use of any organ, bell, chimes or any other similar instrument or device by any church, synagogue or school on or within its own premises in connection with religious rites or ceremonies of such church or synagogue or in connection with a school education program.
(3)
For sound-reproduction devices used in connection with weddings, customary social gatherings or religious or civil ceremonies on any property used for residential purposes, sound levels in excess of those permitted in Subsection D are permitted, provided that such sound levels cease by 12:30 a.m.
(4)
Sounds created by customary operation of domestic tools shall be permitted, such as operation of lawn mowers, leaf blowers or chain saws, delivery of residential heating oil and engine tune-up activities, during the period from 8:00 a.m. to 9:00 p.m.
(5)
The following are also exempted from the limitations of this section:
(a)
Sounds and light created by agricultural activities.
(b)
Sounds created by construction activities during the period 7:00 a.m. to 7:00 p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. No construction sounds are permitted on Sundays and legal holidays.
(c)
Sounds and light created by any governmental agency by the use of public warning devices.
(d)
Sounds created by public utilities in carrying out the operations of their franchise.
(e)
Sounds and light connected with sporting events or celebrations of any school activity or other sanctioned activities, such as the New Windsor Little League, or occurring on municipal athletic fields or parks, and sounds connected with special events or sports programs sponsored or permitted by the Town Recreation Department.
(f)
Safety signs, public road signs, streetlights and traffic direction signs and signals.
(6)
Sounds and light created by aircraft are regulated by the Federal Aviation Act and the regulations promulgated thereunder and are exempted from the provisions of this section.
I.
Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, the Town Zoning Board of Appeals shall have the power to grant a variance duly petitioned for by owners of properties in violation of this section in order to vary or modify the application of any of the regulations of this section, so that the spirit of this section shall be observed, the public health, safety and welfare secured and substantial justice done.
(1)
No variation or adjustment in the strict application of any regulations or provisions of this section shall be granted by the Town Zoning Board of Appeals unless it finds that:
(a)
The applicant has demonstrated good and sufficient cause for the granting of a variance. Such demonstration shall be founded upon a fair consideration of the circumstances present pertinent to the petition, including but not limited to:
[1]
The social utility of the use or activity for which a variance is sought.
[2]
The nature and degree of observed variance from prescribed standards that results from such use or activity.
[3]
The impact of such use or activity on other residents and properties, especially neighboring properties.
[4]
The nature and cost of available measures that may be taken to mitigate the impact of such use or activity.
(b)
There are unique or special circumstances or conditions, fully described in the findings of the Town Zoning Board of Appeals, applying to the activity or to the use of land, property or facilities for which the variance is sought which warrant the granting of the variance on the grounds of practical difficulty or unnecessary hardship.
(c)
The granting of a variance is necessary to enable the applicant to conduct the activity or use for which a variance is sought without unreasonable burden or restriction and the variance as granted by the Town Zoning Board of Appeals is the minimum adjustment that will accomplish such purpose.
(d)
The granting of the variance will be in harmony with the general purposes and intent of this chapter, will not be injurious to the community or any neighborhood or otherwise detrimental to the public health, safety or welfare and will not be in conflict with other laws or ordinances.
(2)
The Town Zoning Board of Appeals, in passing upon a petition for a variance under this section, may limit the effective period of any variance granted and may impose upon the grant or operation of any variance such conditions in furtherance of the public interest as the Town Zoning Board of Appeals finds necessary or appropriate.
(3)
The Town Zoning Board of Appeals shall retain continuing jurisdiction over and with respect to any variance granted under this section, and it shall have the fullest powers and authority allowed by law to review, rehear, modify, reverse or annul, for good cause shown, any order, resolution, decision or determination made with respect to a petition for or the granting of a variance under this section. No such review, reconsideration or action shall be taken except upon and after notice and hearing.
J.
Relationship to other provisions. The provisions of this section shall in no case remove or render less restrictive limitations on noise generation, illumination or other conditions imposed for specific properties by actions of the Town of New Windsor Zoning Board of Appeals or by actions of the Town of New Windsor Planning Board or required under other applicable laws or regulations.
K.
Enforcement. The provisions of this section shall be enforced by the Police Department, the Town Code Enforcement Officer and other officials designated by the Town Board.
§ 300-72 Odors.
No emission of obnoxious odors, gases and other odorous material shall be permitted which is destructive or offensive at or beyond the property line. Any process the site plan for which has been approved by the Planning Board, or for which a special permit has been issued, which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.