No activity, operation, or use of land,
, or equipment shall be permitted if such activity, operation, or use produces an environmental impact or irritant to sensory perception which exceeds the standards set forth in this section. Agricultural operations are exempt from these performance standards provided the agricultural operation is in compliance with
(GAAMPs).
A. Noise.
1. Definitions. The terms used in this section shall have the meaning ascribed to them as follows. Terms used in this section but not defined below or in § 1.03 shall have the meaning ascribed to them by the American National Standards Institute (ANSI) or its successor body.
a. A-WEIGHTED SOUND LEVEL.
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read may be designated dB(A).
b. DAY-NIGHT AVERAGE SOUND LEVEL.
The 24-hour energy average of the A-weighted sound pressure level, with the levels during the period of 10:00 p.m. to 7:00 a.m. the following day increased by 10 dB(A) before averaging.
c. EMERGENCY.
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate attention.
d. IMPULSIVE SOUND.
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and discharge of firearms.
e. NOISE.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
f. NOISE DISTURBANCE.
Any sound which:
(a) Endangers or injures the safety or health of humans or animals; or
(b) Annoys or disturbs a reasonable person of normal sensitivities; or
(c) Endangers or injures personal or
. For the purposes of this Ordinance, a
NOISE DISTURBANCE
shall be further defined as any sound which exceeds the limits set forth in Table A, following, or other standards set forth in this section.
g. NOISE SENSITIVE ZONE.
An area which contains noise-sensitive activities such as but not limited to, operations of school libraries,
,
, and
.
h. PURE TONE.
Any sound which can be distinctly heard as a single pitch or a set of single pitches.
i. SOUND.
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium.
j. SOUND LEVEL.
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network (for the purposes of this Ordinance an A-weighted network), as specified by the American National Standards Institute.
k. VIBRATION.
An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.
2. Noise disturbances prohibited. No person shall unreasonably make, continue, or cause to be made or continued, any noise disturbance. Examples of noise disturbances include, but are not limited to:
a. Sounds which exceed limits in Table A. Any sound which exceeds the limits set forth in Table A, following, shall be deemed a noise disturbance.
b. Loading and unloading. Loading and unloading, opening, closing, or other handling of boxes, crates, containers,
materials, garbage cans, or similar objects shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential district boundary or within a noise sensitive zone.
c. Construction. Operation of any tools or equipment used in construction, drilling, or demolition work shall be prohibited where the sound therefrom creates a noise disturbance across a residential district boundary or within a noise sensitive zone, between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Saturday or any time on Sundays or holidays. This provision shall not apply to emergency work of public service utilities.
d. Vibration. Operating of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source shall be prohibited. For the purposes of this section, vibration perception threshold means the minimum ground or
-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or observation of moving objects.
e. Noise sensitive zones. Creating of any sound within any noise sensitive zone so as to disrupt the activities normally conducted within the zone shall be prohibited, even if the average A-weighted sound level is lower than the values shown in Table A, provided that conspicuous
are displayed indicating the presence of the zone.
3. Exceptions.
a. Emergency exceptions. The provisions in this section shall not apply to:
(a) The emission of sound for the purpose of alerting persons to existence of an emergency; or
(b) The emission of sound in the performance of emergency work.
b. Additional exceptions. The provisions in this section shall not apply to the following activities, provided that such activities are conducted in a legally-accepted manner:
• Snow plowing,
sweeping, and other public works activities.
• Agricultural uses.
•
bells, chimes, and carillons.
• Lawn care and house maintenance that occurs between 8:00 a.m. and 9:00 p.m.
• Licensed vehicles being operated on a
or
.
• Trains and
when on the ground.
4.
. An application for a
from the provisions in this section may be submitted to the
. The owner or operator of equipment on the property shall submit a statement regarding the effects of sound from the equipment on the overall sound level in the area. The statement shall include a study of the background sound levels, predicted level of sound at the boundary line due to the proposed operation, and justification for the
. Upon review of the request for a
, the
may grant a
where strict adherence to the permitted sound level would create unnecessary hardship and only if the
would not create a threat to the health, safety, and welfare of the public. The
may impose conditions of operation when granting a
.
5. Maximum permitted sound levels by receiving
. Sound emitted by any source is considered a noise disturbance when its average A-weighted sound level exceeds the limit set forth for the receiving
in Table A, when measured at or within the property boundary of the receiving district. All measurements and designations of sound levels shall be expressed in day-night average sound levels.
Table A Maximum Permitted Average A-Weighted Sound Levels | ||
Receiving | Time
| Average Sound Level dB(A)
|
Residential Districts | 7:00 a.m. to 9:00 p.m. | 55 |
9:00 p.m. to 7:00 a.m. | 50 | |
Commercial, , and Industrial Districts | 7:00 a.m. to 6:00 p.m. | 62 |
6:00 p.m. to 7:00 a.m. | 55 | |
Notes Related to Table A
a. Correction for Tonal Sounds. For any source of sound which emits a pure tone sound, the maximum sound level limits in Table A shall be reduced by 5 dB(A) where the receiving district is residential or commercial noise sensitive.
b. Correction for Impulsive or Impact Type Sounds. For any source of sound which emits an atypical impulsive or impact type sound, the maximum sound level limits in Table A shall be reduced by 5 dB(A) where the receiving district is residential or commercial noise sensitive.
c.
. Where the receiving district is a
district, the applicable standard in Table A shall be based on the types of uses within the
.
6. Permitted land use. No new or substantially modified
shall be approved for construction unless the owner or developer of such land demonstrates that the completed
and the activities associated with and on the same property as the
will not generate a noise disturbance as set forth in this section at the time of initial full-scale operation of such activities.
B. Surface water flow. No site plan review application and no proposal for division of land shall be approved if subsequent
within the required
would result in identifiable disruption to the existing or natural flow of water within drainage ditches, natural water courses, or drains having a recorded
, unless evidence of a feasible alternate method of drainage is presented and approved by the County Drain Commissioner.
C. Dust, smoke, soot, dirt, fly ash, and products of wind erosion.
Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the regulations established in conjunction with the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, being M.C.L.A. §§ 324.101 through 324.90106, as amended, or other applicable state or federal regulations. No person, firm, or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of
or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.
The drifting of air-borne matter beyond the
, including wind-blown dust, particles, or debris from open stock piles, shall be prohibited. Emission of particulate matter from material products, or surfaces subject to wind erosion shall be controlled by paving, oiling, wetting, covering,
, fencing, or other means.
D. Odor. Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public
or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.
E. Glare and heat. Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half of one foot candle when measured at any point along the
of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the
. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any
at any time.
F. Impacts from other activities. Property owners shall provide the
with evidence of compliance with county, state, and federal laws, ordinances, rules, and regulations related to any of the following activities:
1. Storage and handling of flammable liquids, liquefied petroleum, and explosives.
2. Use of above or below ground storage tanks to contain flammable or toxic material.
3. The storage, use, or manufacture of detonable material.
4. Operation of a waste water treatment plant.
5. Emission of gasses that could be injurious or destructive to life or property.
6. Use of electronic equipment in an industrial, commercial, or other operation.
7. Use of radioactive material and production of radioactive waste.
(Ord. passed 7-9-2013)