(a) Purpose. The purpose of this section is to protect the public health, safety and welfare by requiring a sound and vibration barrier along private roads where such roads are in close proximity to residential property and where such roads experience heavy truck traffic.
(b) Definitions.
(1) "Entering or exiting the industrial complex" means that each truck shall be counted both as it enters and as it exits for purposes of determining when the industrial complex is experiencing heavy truck traffic.
(2) "Fifty or more in number per day" means fifty or more trucks each day, averaged over the five day work week. Thus, to total the number of trucks entering and exiting an industrial complex, one would count each truck that enters, each truck that exits and tally this number for an entire seven day week. This total is then divided by five to obtain the average amount of truck traffic over a five day work week.
(3) "Heavy truck traffic" means trucks of fifty or more in number per day, either entering or exiting the industrial complex.
(4) "Industrial complex" means any building or buildings, either existing, or under development or construction, in areas designated in the Zoning Ordinance of the Village as Industrial, Semi-Industrial or Commercial Use Districts.
(5) "Owner" or "operator" means any individual, corporation, partnership, receiver, assignee, firm, co-partnership, joint venture, company, joint stock company, association, municipality, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise, which owns or operates a building or buildings in an area designated as an Industrial, Commercial or Semi-Industrial Use District in the Zoning Ordinance of the Village, or which owns or operates property in an area designated as an Industrial, Commercial or Semi-Industrial Use District.
(6) "Sound and vibration barrier" means a barrier or fence constructed so as to reduce traffic noise levels to a maximum exterior level of sixty-seven decibels (dBA) leq(h) or seventy decibels (dBA) L10(h) and a maximum interior level of fifty-two decibels (dBA) leq(h) or fifty-five decibels (dBA) L10(h), as defined in Regulations Governing the Federal Highway Administration, 23 C.F.R. Section 772.5 and Table 1. Measurement of traffic noise levels to determine compliance with this section shall be by any method consistent with Federal Procedures for Abatement of Highway Traffic Noise and Construction, 23 C. F. R. Section 772.1-19, and the Department of Transportation's Report titled "Sound Procedures for Measuring Highway Noise", Report No. FHWA-DP-45-IR.
(7) "Truck" means any commercial vehicle with two or more axles and six or more wheels, or weighing more than 11,000 pounds.
(c) Imposition of Sound and Vibration Barrier.
(1) There is hereby imposed a requirement that owners or operators of industrial complexes in the Village construct a sound and vibration barrier along any private roads in the industrial complex experiencing heavy truck traffic.
(2) This section shall apply to private roads in industrial complexes where such roads are within 500 feet of residential property.
(3) All owners or operators of industrial complexes must obtain approval of the Building Commissioner prior to beginning construction of a sound and vibration barrier.
(4) Sound and vibration barriers shall be constructed in an aesthetically pleasing manner and shall be properly maintained by the owner or operator.
(d) Enforcement and Penalties. Regardless of the penalties provided in Section 501.99(a) of the Codified Ordinances, whoever violates any provision of this section, whether as an owner or operator, shall be subject to a civil penalty of at least two thousand dollars ($2,000), but not more than five thousand dollars ($5,000) for each violation. Each day of violation constitutes a separate offense.
(e) Effective Date. This section shall take effect and be in force at the earliest possible date allowed by law.
(Ord. 1989-20. Passed 10-17-89.)