A. State Rules And Regulations Adopted: The following provisions of title 35, subtitle H, chapter I, of the Illinois administrative code, part 900, sections 900.101, 900.103, 900.104; and part 901, sections 901.102, 901.103, 901.104, 901.105 and 901.106, are hereby adopted as and for sections 900.101, 900.103, 900.104, 901.102, 901.103, 901.104, 901.105 and 901.106 in this subsection A.
B. Definitions And Amendments:
1. Section 900.101 is amended as follows:
"Business Area" means and includes any area zoned as business, commercial and/or office/research, including any use area zoned for such uses in the I-2 Economic Development Area Overlay District, or located entirely within a PD Planned Development District when such area has been designated for business, commercial and/or office/research use, or entirely within any Planned Unit Development ("PUD") with any areas designated for business, commercial and/or office/research use.
"Class A" means and includes residential and public land areas as those terms are defined herein.
"Class B" means and includes any business area as that term is defined herein.
"Class C" means and includes industrial area as that term is defined herein.
"Construction" means and includes the preparation of land for development or the construction or reconstruction of a building.
"Corporate Authorities" means the President and Board of Trustees of the Village of Bartlett.
"Industrial Area" means and includes any area zoned as industrial, including the I-1 Light Industrial District, the I-2 General Industrial District or the I-2 Economic Development Area Overlay District, or located entirely within any area within a PD Planned Development District when such area has been designated for industrial use, or an area used for industrial use located entirely within any Planned Unit Development.
"Person" means and includes any individual, corporation, partnership, joint venture, limited liability company, firm, association, trust, estate, public or private institution, group, agency, school or other educational entity, any political subdivision of this State or any other state or political subdivision or agency thereof or any legal successor, representative, agent or agency of the foregoing.
"Playgrounds" means and includes areas developed for active play and recreation.
"Playfields or Athletic Fields" means and includes playgrounds, fields and courts for competitive sports, such as football, soccer, baseball, basketball or tennis.
"Playlot or Tot Lot" means and includes small areas developed especially for pre-school and/or elementary school aged children, such as sand play areas, slides, swings, teeters and climbing apparatus.
"Property" means and includes any real or personal property.
"Public Land Area" means and includes any area zoned as Public Lands District or located entirely within a PD Planned Development District when such area has been designated for public land use, or is used for Playgrounds, Playfields or Athletic Fields, Playlot and Tot Lot located entirely within any Planned Unit Development, or land used for any other active or passive recreation which is owned or leased by a park district.
"Residential Area" means and includes any area zoned as residential or mobile home, or located entirely within any area within a PD Planned Development District when such area has been designated for residential or mobile home use, or is used for residential or mobile home purposes in an area located within any Planned Unit Development.
2. Sections 901.105, 901.105(a)(4) and (a)(5) are hereby amended as follows:
(4) New Impacting Forging Operation is that property-line-noise-source comprised of impact forging operation on which construction began after the effective date of this Ordinance.
(5) Existing Impact Forging Operation is that property-line-noise-source comprised of impact forging operations which are in existence on the effective date of this Ordinance.
C. Noise Limits: Except as provided in subsection D of this section, no person shall cause or allow sound beyond the boundaries of said person's property located within any industrial, business or public land area that unreasonably interferes with the enjoyment of life or with any lawful business and/or activity or so as to exceed the applicable limits established in sections 901.102, 901.103, 901.104, 901.105 and/or 901.106 adopted in subsection A of this section.
D. Exceptions: The provisions herein shall not be construed to prohibit, restrict, penalize, enjoin or in any manner regulate sounds emitted from any of the following:
1. Emergency warning devices and unregulated safety relief valves.
2. Agricultural field machinery used during daytime hours. For the purposes of this subsection, grain dryers operated off the farm shall not be considered agricultural field machinery.
3. Lawn care maintenance equipment used between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. Mondays through Fridays, inclusive, and between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. on Saturdays, Sundays and nationally recognized holidays; on golf course property at any time; and park district owned and/or operated property at any time.
4. Equipment being used for construction between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. on Mondays through Fridays, inclusive, and between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. on Saturdays and Sundays.
5. The operation of any vehicle registered for highway use while such vehicle is being operated in the course of ingress to and egress from a highway.
6. Noncommercial public speaking and public assembly activities conducted on any public space or public right of way occurring between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M., and if sound will be amplified in connection therewith, when an amplifier permit has been issued by the corporate authorities pursuant to the applicable provisions of this code.
7. Playlots or tot lots, playgrounds, playfields or athletic fields, recreational centers, gymnasiums, athletic clubs or swimming pools.
8. Organized amateur or professional sporting activities.
9. A permitted activity pursuant to a special variance as set forth in subsection I of this section, subject to the terms, conditions and restrictions of said special variance.
10. Railroad trains in transit through the village.
11. Operation of snow removal equipment on streets and/or rights of way, including the loading and unloading of salt, sand or similar substances into said vehicles on any public land area.
12. Operation of street sweepers on streets and/or rights of way between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M.
13. The testing of a stand by or emergency generator ("generator") and the operation of said generator during periods when the primary source of power has been interrupted or has otherwise been disrupted. This exception shall not apply, however, to the use of any power cogeneration equipment operated by any person within the village.
14. Noise emissions associated with a lawfully organized and supervised civic or public celebration or parade.
15. Emissions of sound from any area that is not zoned as industrial, business and/or public lands areas as those terms are defined herein.
16. Permitted activities pursuant to a carnival license or amplification permit subject to the terms and conditions of said license or permit.
E. Territorial Applicability: Nothing in this section shall be construed as regulating any noise emissions originating outside of the village. This section shall be construed as applying to sounds emitted from industrial, business and/or public land areas, regardless of whether said sounds affect receiving areas located within the village or outside of the village.
F. Other Private Or Public Action Not Impaired: Nothing in this section shall be construed to impair any cause of action, or legal remedy therefor, including actions under the rules and regulations of the Illinois environmental protection agency and Illinois pollution control board, or either of them, of any person or the public arising from the emission or release of noise from any source whatever.
G. Abatement Of Noise Source: Upon finding of a violation of the standards herein established, the person causing or permitting the noise to continue shall be advised of the violation and given an opportunity to abate the noise level to an acceptable standard within such time period provided in a special permit granted by the corporate authorities pursuant to subsection I of this section. In the event the violator fails to apply for a special permit in order to abate the noise level within the time prescribed in a notice sent by the community development director, the village may proceed to enforce this section against the violator.
H. Inspections: Any village law enforcement officer, or code enforcement official, in addition to any other authority vested in said officer or official, has the power, upon presentation of proper credentials, to enter and inspect any property, building, structure or premises within the village as may be necessary to enforce the provisions of this section, provided permission is obtained from the occupant or, in the case of unoccupied property, from the owner or his agent. If such permission is refused, or is otherwise unobtainable, a search warrant must be obtained upon the showing of probable cause to believe that a violation of this section may exist, before such entry or inspection is made. Notwithstanding the foregoing, however, such permission shall not be required from a person believed to be in violation if such permission is attained from adjoining landowners to perform said inspections and testing.
I. Special Permit: The corporate authorities shall have the authority, consistent with this section, to grant a temporary special permit as follows:
1. Any person seeking a special permit pursuant to this section shall file an application with the corporate authorities. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this section would constitute an unreasonable hardship on the applicant, on the community or on other persons. Notice of an application for a special permit shall be given by the applicant for a special permit to the owners of property within two hundred fifty feet (250') of the property upon which the applicant's activity or proposed activity that is generating or will generate sound emissions. Any person who claims to be adversely affected by allowance of a special permit may file an objection with the corporate authorities containing any information to support his, her or its claim.
2. In determining whether to grant or deny the application, the corporate authorities shall consider the following factors: a) the hardship to the applicant, the community and other persons of not granting the special permit, including the cost of complying with permitted noise levels; and b) the adverse impact on the health, safety and welfare of persons affected; the adverse impact on property affected; and any other adverse impact of granting the special permit, including the level and duration of sound emissions. Applicants for a special permit and persons contesting a special permit may be required to submit any information the corporate authorities may reasonably require. In granting or denying an application, the corporate authorities shall place on public file a copy of the decision and the reasons for denying or granting the special permit.
3. The corporate authorities may grant a special permit license to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special permit shall not become effective until all conditions have been satisfied by the applicant. Noncompliance with any condition subsequent to issuance of the special permit shall be grounds to terminate it and subject the person holding it to the provisions of this section regulating the source of sound or activity for which the special permit was granted.
4. Application for extension of time limits specified in special permits or for modification of other substantial conditions shall be treated like applications for initial special permits.
5. Enforcement of this section may be stayed by the corporate authorities as to any person filing an application for a special permit pursuant to this section, until such time as the application is acted upon by the corporate authorities, if the corporate authorities determine that any ongoing violations do not constitute a nuisance and/or are not a threat to the health, safety and welfare of persons residing in any residential areas adjacent to or in close proximity to the applicant's property.
J. Nuisance, Injunction: Any violation of this section is declared to be a nuisance. In addition to any other relief provided herein, the village attorney and/or the village prosecutor may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and/or permanent injunction.
K. Penalty: Any person violating any provision of this section shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2001-129, 10-4-2001)