Can You HEAR Us Yet?

"It is the public policy of the City that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property." -- City of Binghamton Noise Control Ordinance

A) Introduction

Before detailing the numerous, specific code violations of Bates Troy, it is important to note that in order to expand their "Dry Cleaning Plant" in an area zoned C-1, Bates Troy was required to seek special approval from the City Planning Commission. This special approval, called a Series A Site Plan Approval, is required because Chapter 410 of the City of Binghamton's code states that a "Dry Cleaning Plant" in a C-1 area is a land use and activity "which is likely to have a broad and significant impact on the physical, environmental, social or economic character of the surrounding neighborhood and the City." By seeking approval of the Planning Commission, Bates Troy acknowledged that their planned expansion would likely have a profound effect on the surrounding community.

In conducting their review, the Planning Commission required Bates Troy to establish that their expansion would not significantly impact "the general character of the neighborhood", "public safety" and "other considerations that may reasonably be related to health, safety and general welfare" . Given that the City of Binghamton extended Bates Troy special permission to expand their Dry Cleaning Plant on the understanding that their expansion would not significantly impact the community, we believe that Bates Troy should be held to a higher standard of compliance concerning the following code violations.

Furthermore, when interpreting violations of the Noise Control Ordinance, keep in mind that the law states such interpretations must be "liberally construed so as to effectuate the purposes described in this chapter" . The purpose of the Noise Control Ordinance is to "reduce the ambient noise level in the City, so as to preserve, protect and promote the public health, safety and welfare and the peace and quiet of the inhabitants of the City, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants and facilitate the enjoyment of the natural attractions of the City." With the higher standard of compliance for Bates Troy and the broad interpretation mandated by law, it is clear that ours is not an exhaustive list of Bates Troy code violations.

B) Bates Troy Code Violations

Bates Troy is in violation of the City of Binghamton Noise Control Ordinance and the Zoning Ordinance on several counts:

  • Bates Troy produces excessive noise that "annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities". This alone is sufficient grounds for Bates Troy to be silenced as such noise is explicitly prohibited by the City of Binghamton noise ordinance
  • Bates Troy unloads their trucks before 6:00 am. This is specifically prohibited by the City of Binghamton noise ordinance Due to tremendous community pressure, Bates Troy now unloads their trucks after 6:00 am.
  • There is a detectable odor emanating from Bates Troy. This odor is in violation of Chapter 410-24 K which states: "No land use or establishment shall be permitted to emit odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the lot from which they are emitted..." Members have smelled dry cleaning odor wafting across their property within a two-block radius.

C) Conclusions

Bates Troy is in clear violation of the City of Binghamton Noise Ordinance and the Zoning Ordinance. We ask that the City of Binghamton enforce the code and suggest that the City also use the powers granted it under Chapter 410 Section 24 N and Chapter 410 Section 24 O. These two sections grant the Supervisor of the Office of Building and Construction the power to mandate that Bates Troy comply with the code and hire outside expert opinion to document their compliance. Furthermore, the Supervisor of the Office of Building and Construction may require the installation, maintenance and operation of continuous recording instruments to demonstrate the operation or effect of operations of any machines, or devices used to control or lessen noise, vibration and air pollution. All of these remedies must be done at Bates Troy's expense.

We also request that the City utilize the rights afforded it by Chapter 410-24 O. This section says that violations of the City's code may result in a Zoning Board of Appeals meeting in which Bates Troy's expansion permits may be "terminated until such time as the corrective action is taken".