Good Neighbor Ordinance

ORDINANCE NO. 1999-07

AN ORDINANCE PROVIDING FOR PERFORMANCE STANDARDS BY WHICH APPLICATIONS FOR DEVELOPMENT WILL BE EVALUATED, AND BY WHICH THE ACTUAL PERFORMANCE OF THOSE OPERATIONS WILL BE MONITORED; COMMONLY KNOWN AS “GOOD NEIGHBOR STANDARDS.”

1. Purposes
The purposes of this Ordinance are to provide a number of performance standards by which applications for development will be evaluated by the Village and by which the actual performance of new and existing operations and uses will be monitored by the Village for compliance. The purposes of these performance standards are to protect the Village in general, and abutting and neighboring landowners in particular, from any potential negative impacts that uses may have on the physical environment and the quality of life currently enjoyed by Gambier.

2. Applicability
The good neighbor standards shall be met by all new and existing uses introduced into the Village. At the same time as any application is made for any permits or approvals from the zoning inspector or the Planning Commission or Council, the developer shall include a statement indication compliance with these standards. The Village zoning inspector, Planning Commission, and council must consider the degree to which a new development will or will not comply with these standards before rendering a decision on the application. Failure to meet the good neighbor standards may be grounds for delaying or rejecting an application.

3. Water Quality
Objective:
Development or use of land within theVillage of Gambier should not result in
harm, pollution, or reduction of ground water.

Standards:
3.1 All outdoor storage facilities for fuel, chemicals, or industrial wastes, and
potentially harmful raw materials, must be located on impervious pavement, and
shall be completely enclosed by an impervious dike high enough to contain the
total volume of liquid kept in the storage area, plus the accumulated rainfall of a
fifty (50) year storm. This requirement is intended to prevent harmful materials
from spilling and seeping into the ground, contaminating the ground water.

3.2 Storage tanks for residential fuels, not exceeding two hundred seventy-five
(275) gallons in size, may be exempted from this requirement provided that there
is no seasonal high water table within four (4) feet of the surface, and that no
rapidly permeable sandy soils are located on the land.

4. Dust, Fumes, Vapors, Gases and Odors
Objective:
Development or use of land within the Village of Gambier should not result in
excessive airborne nuisances such as dust, fumes, vapors, gases, and odors.

Standards:
4.1 Emission of smoke, dust, dirt, fly ash or other particulate matter, or of
noxious, toxic, or corrosive fumes, vapors or gases in such quantities as to be
evident or perceptible at the property line of any lot on which a use is conducted,
or which could be injurious to human health, animals or vegetation; detrimental to
the enjoyment of adjoining or nearby properties; or which could soil or stain
persons or property, at any point beyond the lot line of the property creating that
emission shall not be permitted.

4.2 No land use or establishment shall be permitted to produce harmful,
offensive, or bothersome odors, scents, or aromas, (such as, but not limited to,
those produced by manufacturing processes, food preparation, food processing,
food sales, rendering, fermentation processes, decaying organic matter, and/or
incinerators) perceptible beyond that use’s lot line, either at ground or other
habitable elevation. The location and vertical height of all exhaust fans, vents,
chimneys, or any other sources discharging or emitting smoke, fumes, gases,
vapors, odors, scents or aromas shall be indicated on all plans for new
development or uses including a description of the source of such and the
anticipated frequency and/or duration thereof.

5. Glare
Objective:
Development or use of land in the Village of Gambier should not significantly
increase or create glare caused by exterior lighting.

Standards:
5.1 All provisions of Section 14.5 of the Zoning Ordinance of the Village of
Gambier shall be complied with. The provisions of the Zoning Ordinance shall be
used in determining compliance with these Good Neighbor Standards, however, a
violation of the provisions of the Zoning Ordinance shall be cited solely under the
Zoning Ordinance.

5.2 Outdoor lighting shall be controlled in both height and intensity to
maintain the Village’s rural character. Therefore, no land-use or establishment
shall be permitted to produce a strong, dazzling light or reflection of that light
beyond its lot lines onto neighboring properties, or onto any village road or state
highway so as to impair the vision of the driver of any vehicle upon that town
way. To achieve this, luminaries shall be shielded to prevent light shining beyond
the lot lines into neighboring properties or public ways.

5.3 In the mixed use, I2 and I3 zones all outdoor lighting (except for security
purposes) shall be turned off between 11 p.m. and 6 a.m.. Exceptions will be
granted for businesses operating during those hours.

6. Heat, Radiation, Electrical or Magnetic Interference, and Explosive Hazard
Objective:
Development or use of land in the Village of Gambier shall not result in the
creation of heat, radiation, electrical interference, magnetic interference, or
hazards of explosion or fire.

Standard:
6.1 No use shall cause perceptible heat or radiation beyond the property line
of the use, nor shall it pose danger to surrounding areas by reason of a fire,
explosion, or other safety hazard. No use shall cause electrical, magnetic, or other
interference with any use, process, equipment, appliance, or device located
beyond the property line of the property on which the use is located.

7. Refuse Disposal
Objective:
Development or use of land in the Village of Gambier should not create excessive
refuse, by-products, or other waste; recycling of materials used in construction
and/or materials used by the use permitted on the property is encouraged.

Standard:
7.1 All refuse containers shall have tight-fitting lids and shall be enclosed or
screened so as to not be visible at property lines. Operator of uses shall provide
for the disposal of all solid and liquid wastes on a timely basis and in an
environmentally safe manner. Upon request by the Planning Commission, the
Village Council may consider the impact of a particular waste or by-products
upon the Village’s disposal methods and/or disposal areas (as to volume,
flammability or toxicity) and may require the user to dispose of such wastes at
non-village sites, in conformance with all applicable State or Federal regulations.
The Village Council may also require the user to specify the amount and exact
nature of all wastes to be generated by the proposed operation.

8. Storm Water Run-Off
Objective:
Development or land use in the Village of Gambier should not produce excessive
increase in ground water.

Standard:
8.1 Surface water run-off shall be minimized and detained on-site if possible
or practicable. If it is not possible to detain water on-site, downstream
improvements to the channel may be required of the developer to prevent flooding
caused by such project. The natural state of watercourses, swales, floodways, or
rights-of-way shall be maintained as nearly as possible. The design period is the
50-year storm.

9. Erosion Control
Objective:
Development or land use in the Village of Gambier should not increase or create
additional erosion hazard areas; development or land use in the Village should
effectively control erosion hazards.

Standards:
9.1 To minimize erosion of soil and sedimentation of watercourses and
waterbodies the following practices should be implemented:
a. Stripping of vegetation, soil removal, and regarding or
other evelopment should minimize loss of soil whether
caused by rainfall or contact with other bodies of water.
b. The duration of exposure of the disturbed area shall be kept
to the practical minimum of time required for the
development.
c. Temporary vegetation and/or mulching shall be used to
protect exposed critical areas during development.
d. Permanent (final) vegetation and any necessary mechanical
erosion control measures shall be installed as soon as
practical and contemporaneously with construction
whenever possible.
e. Until a disturbed area is stabilized, sediment in run-off
water shall be trapped by the use of debris basins, sediment
basins. silt traps, or other acceptable methods.
f. The top of a cut or bottom of a fill section shall not be
closer than ten (10) feet to an adjoining property, unless
otherwise specified by the Planning Commission.
g. During grading operations, effective methods of dust
control shall be used.

10. Noise
Objective:
Development or use of land in the Village of Gambier should not produce
disruptive or objectionable noise on a regular or periodic basis.

Standards:
10.1 Excessive noise at unreasonable hours shall be required to be muffled so
as not to be objectionable due to intermittence, beat frequency, shrillness,
or volume.

10.2 The maximum permissible sound pressure level of any continuous, regular
or frequent source of sound produced by any activity regulated by this
Ordinance shall be established by the time period and type of land use
district listed below. Sound pressure levels shall be measured at all major
lot lines, at a height of at least four (4) feet above the ground surface.

10.3 Sound from any source controlled by this ordinance shall not exceed the
following limits at the property line of said source.
Sound Pressure Limits
7a.m. – 10 p.m. 10 p.m. – 7 a.m.
dB(A) dB(C) dB(A) dB(C)
Mixed -use 55 67 50 62
Institutional 55 67 50 62
Residential 50 62 45 57

a. Where the emitting and receiving premises are in different
zones, the limits governing the stricter zone shall apply to
any regulated noise entering that zone.

b. The levels specified may be exceeded by 10 dB(A) for a
single period, no longer than 15 minutes in any one day.
c. Both the dB(C) and dB(A) scales shall be used, and a
violation of either standard shall be deemed to constitute a
violation of this Ordinance.

10.4 Exclusions
These levels shall not apply to intermittent noise emitted by or related to:
a. Natural phenomena.
b. Church bells rung as part of any official church ceremony
or service, and tower clock bells.
c. Any siren, whistle, or bell lawfully used by emergency
vehicles or any other alarm systems used in any emergency
situation.
d. Warning devices required by OSHA or other State of
Federal safety regulations.
e. Noise from domestic power equipment such as, but not
limited to, lawn and yard tools or similar devices operated
during daytime hours.
f. Felling trees and removing logs, during daytime hours.
g. Noise generated by any construction or demolition
equipment which is operated during daytime hours.
Emergency construction or repair work by public utilities at
any hour shall also be exempted.
h. Noise created by refuse and solid waste collection,
provided that the activity is conducted during daytime
hours.
i. Noise created by any recreational activities which are
permitted by law and/or for which a license or permit has
been granted by the Village, including, but not limited to,
parades, sporting events, concerts, and firework displays.

10.5 Specific Prohibitions
a. The following acts, among others, are declared to be loud,
disturbing and unnecessary noises in violation of this
ordinance, but said enumeration shall not be deemed to be
exclusive, to wit:
b. Owning, prossessing or harboring any animal or bird which
frequently or for continued duration makes sounds which
create a noise disturbance across a residential real property
boundary. For the purpose of this Ordinance, a barking dog
shall mean a dog that barks, bays, cries, howls, or makes
other noise continuously and/or incessantly for a period of
more than ten (10) minutes or barks intermittently for onehalf
hour or more to the disturbance of any person at any
time of the day or night, regardless of whether the dog is
physically situated in or upon private property; provided,
however, that a dog shall not be deemed a “barking dog”
for purposes of this Article, if, at the time the dog is
barking or making other noise, a person is trespassing or
threatening to trespass upon private property in or upon
which the dog is situated or for any other legitimate cause
which teased or provoked the dog.
c. The using, operating or permitting to be played, used or
operation of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproduction of
sound which is cast upon the public streets for the purpose
of commercial advertising or attracting the attention of the
public to any building or structure.
d. The use of any automobile, motorcycle or vehicle so out of
repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
e. No person shall operate an engine or any standing motor
vehicle with a weight in excess of 10,000 pounds
Manufacturer’s Gross Vehicle Weight (GVW) for a period
in excess of ten (10) minutes within any eight (8) hour
period during nighttime hours, when such vehicle is parked
on or adjacent to a residential premises or on a public road
next to a residential premises.

11. Manner of Enforcement

11.1 The Village Administrator is directed to enforce the provisions of this
Ordinance.

11.2 No person shall interfere with, oppose or resist any authorized person
charged with the enforcement of this Ordinance while such person is
engaged in the performance of his duty.

11.3 Violations of this Ordinance shall be prosecuted in the same manner as
other criminal violations, provided, however, that in the event of an initial
violation of the provisions of this Ordinance, a written notice shall be given
the alleged violator which specifies the time by which the condition shall be
corrected. No complaint or further action shall be taken in the event the
cause of the violation has been removed, the condition abated or fully
corrected within the time period specified in the written notice. The notice
shall state that unless corrections are made within the allocated time, the
violator is subject to prosecution pursuant to the provisions of this
Ordinance.

11.4 In the event the alleged violator cannot be located in order to serve the
notice of intention to prosecute, the notice as required herein shall be
deemed to be given upon mailing such notice by registered or certified
mail, return receipt requested, to the alleged violator at his last known
address or at the place where the violation occurred in which event the
specified time period for abating the violation or applying for a variance
shall commence at the date of the day following the mailing or such notice.
Subsequent violations of the same offense shall result in the immediate
filing of a criminal complaint.

12. Penalties
Any person in violation of any of the standards of this Ordinance shall be deemed
guilty of a minor misdemeanor and upon conviction thereof shall be fined in the
amount not to exceed One Hundred Dollars ($100.00). Each day such violation
continues after the time for correction of the violation has been given in an order,
shall constitute a separate violation.

13. Severability
Any provisions of the Zoning Ordinance of the Village of Gambier which are
more stringent than those set forth herein shall remain in force. If, for any reason,
any word, clause, paragraph, or section of this Ordinance shall be deemed
unconstitutional, this Ordinance shall not hereby be invalidated and the remainder
of the Ordinance shall continue in effect.

14. Effective Date
This Ordinance shall take effect and be in force from and after the earliest period
allowed by law.
Passed: This 6th Day of September 1999
S/Jennifer Farmer, Mayor
S/Mary Samuell, Clerk/Treasurer