Village Residents,
Below is the final version of the Zoning Draft which is before our Board that would prohibit burning and processing of waste in our community.  There will be a public hearing at a date to be announced, probably in early to mid December.  Please feel free to call or email me your opinion on this proposed new law.
Sincerely,
Brad Winslow, Mayor

 

AMENDMENT TO THE CODE OF THE VILLAGE OF CORINTH ADDING A NEW SECTION 138-18A TO ARTICLE V OF CHAPTER 138 “ZONING” ENTITLED, “SOLID, LIQUID AND/OR GASEOUS WASTE” WHICH SECTION SHALL PROHIBIT THE BURNING AND/OR PROCESSING OF SOLID WASTE, LIQUID AND/OR GASEOUS WASTE AND REQUIRE A SPECIAL USE PERMIT FOR USE OF ANY FUEL SOURCE TO RECOVER OR GENERATE ELECTRICITY

A.  Purpose. 

The purpose of this Section is to protect the public health, safety, and welfare of persons and property within the Village of Corinth and, in accordance with the Master Plan of 2002, “provide adequate areas for industrial growth…,”and simultaneously “take steps toward protecting the character of [the Village’s] neighborhoods and Main Street.”

This Section will accomplish this goal by promoting pollution prevention via prohibiting: (i) the burning and/or processing of solid, liquid and/or gaseous waste (“SLGW”) for any purpose at any location within the Village of Corinth; and (ii) use of any fuel source for purposes of the recovery or generation of electricity without a special use permit from the Corinth Village Board of Trustees (the “the Village Board” or the “Board”).

This Section will ensure that SLGW management continues to be conducted in a safe, sanitary, efficient and environmentally sound manner within the Village, and will protect the residents of the Village from the effects of SLGW burning and/or processing, including:

a.       Unaesthetic results, including odors, blowing litter, increased traffic, dust and noise; and

b.      Deterioration or perceived deterioration in property values associated with adjacent or proximate burning and/or processing operations that may interfere with the orderly development of properties; and

c.       Threats to public health or the environment by contamination of air, land, surface waters or groundwaters.

This Section is also intended to exercise the Village’s police powers pursuant to the Municipal Home Rule, and to restrict waste disposal operations within the Village that might otherwise be permitted under the Environmental Conservation Law of the State of New York.  Section 27-0711 of the ECL specifically recognizes and authorizes the right and authority of a Village to legislate stricter controls on SLGW management operation than state law requires.

The Village Board recognizes the following in enacting this Section:

a.       The burning and/or processing of SLGW within the Village may present a threat to the safety, health, and well being of the residents of the Village, and may impede the goals of the Master Plan as set forth above.

b.      The Village’s existing community character would be adversely and unalterably impacted by permitting the burning and/or processing of SLGW within the Village.

c.       That Solid Waste regulation under the New York Environmental Conservation Law (ECL) and 6 NYCRR Part 360 deals with technical regulatory matters and is inadequate to relieve the foregoing concerns, including effects on land use and planning within the Village.

d.      The State Environmental Conservation Law invites local government to establish more strict standards necessary, in its judgment, to promote and protect the well being, health and safety of its citizens.

B.  Definitions.

For the purposes of interpreting this Section 138-18A of the Village Code, the following definitions shall be controlling:

As used in this Section, the following terms shall have the meanings indicated:

BURNING AND/OR PROCESSING – any type of combustion process involving any SLGW, including for use as a fuel in recovering usable energy.

SOLID, LIQUID AND/OR GASEOUS WASTE (“SLGW”) – all putrescible and non-putrescible SLGW generated or originated within or without the Village, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, or are being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, have served their intended use, or are a manufacturing by-product, including, but not limited to, radioactive waste, garbage, refuse, and other discarded solid, liquid and/or gaseous materials, including solid, liquid and/or gaseous waste materials such as industrial, commercial and agricultural waste, and SLGW materials resulting from community activities, sludge from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal.

For Purposes of this Section, the following terms shall have the meanings indicated:

(i)                 Agricultural waste - any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including, but not limited to, such items as bags, cartons, dry bedding, structural materials and crop residues but excluding landscape waste.

(ii)                Commercial waste – SLGW generated by stores, offices, institutions, warehouses, restaurants, and non-manufacturing activities in industrial facilities and agricultural enterprises.  

(iii)              Industrial waste – any liquid, gaseous, soiled, or waste substance or combination thereof resulting from any process of industry, manufacturing, trade, or business, other than commercial or household waste.  It shall include, but not be limited to, radioactive waste, pesticides, lime acids, chemicals, petroleum products, tar, and dye stuffs, hospital and medical waste, etc., that do not fall under 6 NYCRR Part 371, but may contain hazardous substances below the levels defined as hazardous waste.

PERSON – an individual, association, partnership or corporation (public, stock or non-stock), or any combination thereof, and the agent or employee thereof.

C.  Restrictions

No person shall be permitted to burn and/or process SLGW at any location within the Village of Corinth  for any purpose.

In addition, no person shall be permitted within the Village of Corinth to use any fuel source in order to recover or produce any type of energy, other than heat, without a special use permit granted by the Village Board pursuant to this Section, Chapter 138 §138-8 of the Village Code, and Village Law of the State of New York.  Persons must apply to the Village Board and provide such information and documentation as the Board may reasonably require in deciding upon an application.  No person who receives a special use permit shall accept, handle, import, transport, or handle any SLGW created or generated by any other party or from any location outside of the Village.

D.  Penalties for offenses.

A.     Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not exceeding $1,000.00 for each offense or by imprisonment in the Saratoga County Jail for not more than 60 days or by both such fine and imprisonment.  When a violation of this Section is continuous, each twenty-four (24) hours thereof shall constitute a separate and distinct offense.  The Board shall also have the power to bring a civil action to restrain by injunction any violation of this Section in a court of competent jurisdiction.

B.     Should the Board deem it necessary for the protection of the health and well-being of the residents of the Village of Corinth, the Board or its duly authorized representatives may enter upon the premises of any person or legal entity in violation of this Section for purposes of monitoring, cleanup and controlling, in any way it deems necessary, the prohibited material located on said premises.  The expenses and costs associated with said monitoring, cleanup and/or control shall be assessed against the offending person or entity who owns or controls said premises and/or shall be assessed against the real property, the subject of said monitoring, clean up and/or control of prohibited material, and shall constitute a lien and charge against said real property until fully completely discharged.

C.     Any person violating this Section shall be subject to a civil penalty enforceable and collectible by the Village in the amount of $1,000.00 for each offense.  Such penalties shall be collectible by and in the name of the Village for each day that such violation shall continue.

E.  Miscellaneous.

A.     This Section shall be deemed to amend, supersede and repeal any other ordinances and local laws to the extent inconsistent therewith.

B.     If any part of this Section shall be judicially declared to be invalid, void, unconstitutional, or unenforceable, all unaffected provisions hereof shall survive such declaration, and this Section shall remain in full force and effect as if the invalidated portions had not been enacted.

C.     Nothing herein shall be deemed to be a waiver of, or restriction upon, any rights and powers available to the Village to further regulate the subject matter of this Section.

F.  Coordination with State Law.

All relevant sections of Article 27 of the ECL and 6 NYCRR, Parts 360 to 364 and 617, are deemed to be included within and as part of this Section, and any violation thereof shall be considered to constitute a violation of this Section.

 

AMENDMENT TO THE CODE OF THE VILLAGE OF CORINTH  REVISING SECTION 138-4. B.7 TO ARTICLE V OF CHAPTER 138 “ZONING” ENTITLED, “INDUSTRIAL” WHICH SECTION SHALL LIMIT THE LIGHT INDUSTRIAL AND MANUFACTURING USE OF LAND WITHIN THE TERRITORIAL LIMITS OF THE VILLAGE

A.  Purpose.

The Industrial Districts established in this section are designed to provide adequate and appropriate sites to situate light industrial and manufacturing facilities within the Village, to promote the municipality’s economy and to protect public health and general welfare, in accordance with its comprehensive land use plan. The general goals include, among others, the following specific purposes:

a.      To provide adequate space in appropriate locations to meet the needs of the expected future economy for a variety of light industrial and manufacturing uses with due allowance for the need for a choice of sites.

b.      To provide, as far as possible, that such space will be available for use for light industrial, manufacturing, and related activities, and to protect residences by separating them from permitted activities.

c.      To encourage and accommodate facilities involved in assembling, disassembling, repairing, fabricating, finishing, packaging or processing operations, which are free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, by permitting such development in designated areas and subject to restrictions without regard to the industrial products and processes involved.

d.      To protect adjacent residential and commercial areas, and to protect the labor force in other establishments engaged in less offensive types of manufacturing and related activities by allowing within the Village only those manufacturing activities which are free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.

e.      To promote the most desirable use of land and to direct building development in accordance with a comprehensive plan, to promote stability of light industrial and related development, to strengthen the economic base of the municipality, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the municipality’s tax revenues.

B.  Permitted Uses.

No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any Light Industrial Use or Manufacturing Use without first obtaining a Special Use Permit.

C.  Prohibited Uses.

Any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation, which presents a hazard to public health or safety or which is otherwise inconsistent with the general goals of Industrial District is prohibited. Without limiting the generality of the foregoing, the following uses are deemed to be included herein:

a.      Recycling, resource recovery, SLGW and sanitary waste management facilities, including but not limited to treatment, processing, incineration and disposal facilities, where such uses are primary and not incidental or accessory uses.

b.      Explosives manufacturing or storage.

c.      Petroleum refining.

d.      Slaughterhouses.

e.      Concrete and asphalt plants

f.        Construction debris recycling and disposal.

 

AMENDMENT TO THE CODE OF THE VILLAGE OF CORINTH  ADDING DEFINITIONS TO SECTION 138-37 TO ARTICLE V OF CHAPTER 138 “ZONING.”

A-WEIGHTED SOUND LEVEL -- The frequency-weighted sound pressure level (in decibels) measured on a sound-level meter with an A-weighted scale as specified in the American National Standards Institute (ANSI) specifications for sound-level meters (ANSI-No. 4-1971).

 LIGHT INDUSTRIAL USE -- Low-intensity manufacturing uses that are conducted indoors and which do not involve exterior storage of raw materials or finished products. Light industrial should be distinguished from general manufacturing since its primary activity is assembly of finished materials, not processing of raw materials.

MANUFACTURING USE -- Facilities or operations involved in assembling, disassembling, repairing, fabricating, finishing, or transformation of raw materials into finished goods for sale.  Manufacturing may involve the chemical or mechanical transformation of materials or substances into new products for sale or further processing off-site.  Manufacturing may involve the exterior storage of goods and materials as well as of finished products.

PERFORMANCE STANDARD -- A criteria established in Article XX of this local law established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards, or visual pollution generated by or inherent in the use of land or buildings.

RECYCLING — Separating, segregating, processing and recovering recyclable materials from SLGW for the purpose of future use, sale or other disposition.

 RECYCLING FACILITY — Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed in the pursuit of and for the purpose of recycling and for the purpose of storage, processing, packaging, selling, marketing or otherwise utilizing recyclable materials.

RESOURCE-RECOVERY FACILITY — Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for the purpose of extraction, production and recovery of energy from solid, semi-solid, or liquid wastes by means of combustion or similar process.

SANITARY LANDFILL -- A facility which includes types of operations in which SLGW is deposited by plan on a specified portion of open land, is compacted by force applied by mechanical equipment and then is covered by a layer of earth, all in accordance with or intended to be in accordance with Part 360 of the New York State Environmental Conservation Law, Rules and Regulations.

SOLID, LIQUID AND/OR GASEOUS WASTE -- All putrescible and nonputrescible materials or substances (solid, liquid and/or gaseous) that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to, radioactive waste, garbage, refuse, industrial and commercial waste, sludge from air- or water-treatment facilities, sludge from pulp and paper manufacturing facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.

SOLID,LIQUID AND/OR GASEOUS WASTE MANAGEMENT FACILITY -- Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed beyond the initial SLGW waste collection process for the storage, processing or disposal of SLGW or the recovery by any means of any material or energy product or resource therefrom, including but not limited to transfer stations; rail-haul or barge-haul facilities; resource-recovery facilities or other facilities for reducing SLGW volume; sanitary landfills; plants and facilities for compacting, composting or pyrolization of SLGWs, incinerators; and other SLGW disposal, reduction or conversion facilities. A "SLGW waste management facility" shall exclude a recycling facility.

SOURCE SEPARATION -- The segregation of recyclable materials from the SLGW stream at the point of generation or collection for separate collection, sale or other disposition.

TRANSFER STATION -- A facility where SLGW is transferred by a collector, contractor or individual hauler to a container for transport to a sanitary landfill or other SLGW waste management facility but shall exclude a recycling facility.

WAREHOUSE -- A building used to temporarily store or hold products or articles for use in assembly or manufacturing or for future transmission of said products or articles to another location.

 

AMENDMENT TO THE CODE OF THE VILLAGE OF CORINTH  ADDING A NEW SECTION XX TO ARTICLE V OF CHAPTER 138 “ZONING” ENTITLED, “SPECIAL USE PERMITS” WHICH SECTION SHALL SET FORTH THE PROCEDURES AND STANDARDS FOR OBTAINING A SPECIAL USE PERMIT AND THE PENALTIES FOR VIOLATION OF THE SPECIAL USE PERMIT REQUIREMENTS

A.  Purpose.

The intent of this Article is to set forth requirements which shall apply to certain land uses and activities which due to their characteristics, or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this local law, their effect on the surrounding properties and community character. The primary purpose of Special Use Permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the Village.

While recognizing that certain types of uses may be desirable or necessary in the Village, their nature can cause certain problems or difficulties.  Consequently, particular uses are controlled by a special use permit procedure which requires additional regulations designed for each use in order to mitigate such problems or difficulties and to minimize the impact of these upon the zoning district in which such use is located.

B.  Delegation to the Corinth Village Board.

The Village Board of Corinth (the “Village Board” or the “Board”) is hereby authorized to administer and carry out the intent established in this Article. The Village Board shall conduct Special Use Permit Review in accordance with the procedures of this article for any use identified as requiring such review in Article XX.

Site plan review in accordance with the requirements and procedures of Article X is required for all uses that receive a special use permit. Such review may occur concurrent with or subsequent to special use permit review, at the applicant’s discretion. Regardless of whether the reviews occur separately or at the same meeting, separate applications and application fees are required for each review.

C.  Special Use Permits Established.

Special permit uses are established in Article X Schedule of Uses. All Light Industrial and Manufacturing uses shall be subject to the requirements of this Article. 

D.  Application Procedure.

1.      Upon receipt of an application for a special use permit, the Village Board shall initiate an environmental review pursuant to the applicable provisions of SEQRA 6 NYCRR Part 617. 

2.      The Village Board shall determine what items from the site plan submittal requirements in Article XX shall be submitted for the special use permit application. The Board may empower the Code Enforcement Officer to make a preliminary determination of submittal requirements in order to place the matter on the Board’s agenda. 

3.      The official time of submission of the special use permit application shall be considered to be the date of the first meeting of the Board for which the application is scheduled for discussion.

4.      Applications within 500 feet of the Village boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public building or institution; not later than 10 days following receipt of a complete application for said project, the Code Enforcement Officer shall notify and furnish the Saratoga County Planning Board, in accordance with General Municipal Law §§ 239-l and 239-m, with such pertinent information as the Saratoga County Planning Board may deem necessary for review and comment.

5.      The Village Board shall fix a time, within 31 days from the day an application for special use permit approval is made, for the hearing of any matter referred to under this section. The Village Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.

6.      The Village Board shall decide on the application within 31 days after such a hearing; however the time within which the Village Board must render its decision may be extended by mutual consent of the applicant and the Village Board.

7.      The decision of the Village Board shall promptly be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by Sections X.5 and X.6. The Village Board, in conjunction with its approval of any special use permit, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including limitations on the hours of use, the intensity of the use, the number of employees or vehicles, the number of structures, the use of structures and land, and any other condition it deems necessary to further the interest of this local law. In addition, the Village Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.

D.  Review Criteria and Standards.

Before granting approval to any special use, the Village Board shall consider the positive and negative impact of the use on the following characteristics.

1.      The extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and this local law and its effect on the health, welfare and safety of the Village and its residents.

2.      The overall compatibility of the use with the neighborhood and the positive and negative impacts on community character, including the character of adjoining properties, districts and uses, and the positive and negative impacts on density, including the density of adjoining properties, districts and uses.

3.      The positive and negative impacts of the use on vehicular congestion and parking, including the provision of adequate parking and the absence of hazardous parking or traffic conditions, including ingress and egress.

4.      The positive and negative impacts on infrastructure and services, including utilities, public facilities and services, including the extent to which the project extends or provides infrastructure and services to areas in need of such infrastructure and services.

5.      The positive and negative impacts on environmental and natural resources, including the environmental and physical suitability of the site for development, the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare.

6.      The extent to which the use provides positive or negative effects on the long-term economic stability and community character of the Village and surrounding properties, districts and uses.

Prior to granting a permit for a special use the Village Board shall find:

1.      The use shall be in such location and of such size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts or properties.

2.      It is appropriately located with respect to fire and police protection and appropriate water supply and waste disposal facilities.

3.      The location and size of the use, the nature and intensity of the operation involved in or conducted in connection therewith, its size layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, appropriate off-street parking, convenient routes of pedestrian traffic, particularly of children, and the relation to main traffic, to thoroughfares and to street and road intersections and the general character and intensity of development in the neighborhood.

4.      The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.

5.      All governmental agencies having jurisdiction have given necessary approval.

6.      Fulfillment of any other conditions or standards specified in this chapter.

E.  Permit Terms.

The Village Board, as a condition of granting any special permit, may specify its term of validity.  There are three (3) types of permits which may be granted by the Village Board, described as follows:

1.      Permanent ‑ permits a specific use to continue indefinitely until the specific use ceases for any reason for a period of twelve (12) consecutive months.

2.      Temporary ‑ permits a specific use to continue until a specific date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued.  This type shall not be extendable.

3.      Renewable ‑ permits a specific use to continue until a specific date, unless renewed or extended by the Village Board for an additional period of time.  If not extended, the use shall be permanently discontinued.  It is the responsibility of the applicant, and not the Village of Corinth, nor any Board, officer, or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit.  If not extended or renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek an extension or renewal. Applications for permit extensions or renewals shall follow the same process as for new permits.

Any applicant who receives a temporary or renewable special use permit and who decides to proceed with the special use, does so realizing that the temporary special use permit has a fixed duration, and that all rights to continue that use terminate upon the expiration of the specified time, and that the renewable special use permit may not be extended beyond its original term without approval pursuant to this section.  The applicant, in accepting a temporary or renewable special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein.

F.  Fees.

There shall be a fee for a special use permit, as determined from time to time by the Village Board of Trustees. (See Section 15.6).

As a condition of approval of a special use permit, the Village Board may require a performance bond or letter of credit to guarantee satisfactory performance of the required improvements.  Such performance bond or letter of credit shall be part of or in addition to any required by the Village Board as part of a site plan review application.

G.  Performance Standards for Special Use Permits.

I.   Compliance and Determination of Nuisance Elements.

1.      All uses requiring the issuance of a Special Use Permit in the Village of Corinth shall comply with the performance standards as described in this article.

2.      The Code Enforcement Officer may require independent expert evaluation to determine the compliance of a proposed use with the performance standards at the expense of the applicant before issuing a permit.

3.      The determination of the existence of any nuisance elements shall be made at the following:

a.      The property lines of the use creating such elements for noise, vibration, glare, dust, and safety hazards.

b.      Anywhere in the Village for elements involving air, water, and ground pollution.

4.      The Code Enforcement Officer shall investigate any written or alleged violation of performance standards. If reasonable evidence of a violation exists, the Code Enforcement Officer may then revoke the zoning permit.

II.  Prohibited Nuisances.

No use shall be established or operated in a manner so as to create hazards, vibration, glare, air, water, ground pollution, or other nuisance elements in excess of the limits established under this article.

III.   Fire and Explosion Hazards.

All activities involving the manufacturing, production, storage, transfer, or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. In addition, on-site fire suppression equipment and devices standard to the industry shall be installed.

The burning and/or processing of waste materials in open fires is prohibited.

IV.   Lighting and Glare.

No glare or sky-reflected glare, whether from floodlights or from high-temperature processes (such as combustion or welding), that may be visible at the property line and which causes annoyance to a person of reasonable sensitivity.

All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians, and land uses in proximity to the light source. Light sources shall comply with the following standards:

a.      Globe lights shall have a maximum permitted height of 15 feet and shall have a maximum illumination of 0.20 foot-candles permitted at the property line.

b.      Pole lighting with greater than 90% cutoff shields and other light sources shall have a maximum permitted height of 25 feet and shall have a maximum illumination of 0.75 foot-candles permitted at the property line.

c.      Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.

V.   Noise.

Noise shall be as measured with a sound level meter using a-weighting network. The unit is the dB(A).

Unnecessary, excessive and offensive noises from all sources are prohibited. It shall be unlawful for any person to create any noise which exceeds 65 dbA from 100 feet of the property line of the noise source for more than 15 minutes in duration and more than two times in one hour.

Exemptions. The following uses and activities shall be exempt from noise level regulations:

a.      Air-conditioning equipment when it is functioning in accord with manufacturer’s specifications and is in proper operating condition.

b.      Lawn maintenance equipment when it is functioning in accord with manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition.

c.      Non-amplified noises resulting from the activities such as those planned by school, governmental, or community groups.

d.      Noises resulting from any authorized emergency vehicle or warning device when responding to an emergency call or acting in time of emergency.

e.      All noises coming from the normal operations of railroad trains.

f.        Noises of church chimes.

VI.   Odor and Air Pollutants.

No odors may be emitted which are easily detectable and offensive at the property line and which cause annoyance to a person of reasonable sensitivity. 

No emission of fly ash, dust, fumes, vapors, toxic gases or other forms of air pollution shall be permitted which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause any excessive soiling.

VII.   Radioactivity and Electrical Disturbance.

No activity shall be permitted which emits dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

VIII.   Vibration.

No vibration shall be permitted which is detectable without an instrument at the property line and which may cause annoyance to a person of reasonable sensitivity.

H.  Expiration.

Unless otherwise specified or extended by the Village Board, decision on any request for a special use permit granted after the effective date of this local law shall expire if the applicant fails to obtain the necessary building permit to construct any existing building(s) and begin actual construction or to comply with the conditions of said authorization within one (l) year from the filing date of such decision thereof.  Unless otherwise specified or extended by the Village Board, all special use permits granted prior to effective date of this local law shall expire if the applicant fails to obtain the necessary building permit and begin actual construction or comply with the conditions of said authorization within one (l) year from the effective date of this local law.

I.  Revocation of Permit.

A use authorized by special permit may be revoked by the Village Board if it is found and determined that there has been a material failure of compliance with any one (l) of the terms, conditions, limitations or requirements imposed by said permit.

J.  Enforcement.

All special use permits shall be subject to the provisions of Article 15 of this local law.

K.  No Waiver of Prohibition.

Nothing in this section is intended to or should be interpreted as limiting or otherwise curtailing the prohibition against certain uses under the Village Zoning Code or other ordinance.