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The Zoning Board of the Town of Colonie shall have the authority to grant special variances for the purposes of this chapter. Any person seeking a special variance pursuant to this section shall file an application with the Board. The application shall consist of a letter signed by the applicant and shall contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:
A. The plans, specifications and any other information pertinent to the source of sound and vibration.
B. The characteristics of the sound arid vibration emitted by the source, including but not limited to the sound levels, the presence of impulse sounds or discrete (pure) tones, the day(s) and hours during which such vibration and sound is generated.
C. The noise abatement and control methods used to restrict the emissions of the sound and vibration.
D. A time schedule for the installation of noise abatement and control devices, technology and procedures or process modifications that will be followed to restrict the emissions of sounds and vibrations.
E. The name and address of the applicant and the applicant's agent, if any, and whether the applicant is the owner, lessee, licensee, etc., of the premises. If the applicant is not the owner, the application must contain the written consent of the owner.
F. The names and addresses of all owners of contiguous land within 200 feet of the premises. The applicant in like manner shall give notice of the application by certified mail return, receipt requested, to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.
G. A filing fee, as set by resolution of the Town Board of the Town of Colonie.
Upon prior reasonable public notice published in the official newspaper of the Town of Colonie and placed upon a public notice board designated for that purpose by the Town Clerk for a minimum of five days, the Zoning Board shall hold a public hearing on the special variance application. The Board, upon reviewing all input from the public hearing and obtaining any additional data or information as deemed necessary, shall then pass upon the application by resolution. The decision shall be transmitted to the Town Clerk, who will advise the applicant of such decision by transmitting a copy of the special variance application to the applicant, with the decision and conditions, if any, imposed by the Zoning Board attached.
This chapter does not preclude the necessity of the applicant to obtain the approval or permit required by any other agency before proceeding with the action approved under the approved special variance. No action may be initiated by the applicant until such time that other permits, as may be required, are issued.
The applicant or his agent shall have readily available the approved special variance at the location or site for which the variance has been issued and shall show same to any agent of the Town whenever requested.
Activity conducted under the special variance shall be open to inspection at any time by any agent of the Town.
A. In determining whether to grant or deny the application, the Board shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the special variance.
B. In connection with this section, the Board shall cause the taking of sound level readings in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site.
C. The Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity in the event that it shall grant any variance hereunder.
If this chapter conflicts with any local, state, or federal legislation then, in that instance, the more stringent law shall apply. A law shall be determined to be more stringent if it permits less noise.
[Added 7-16-2009 by L.L. No. 7-2009]If any article, section, subsection, paragraph, sentence, clause or provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the validity of the other provisions of the chapter or application thereof to other persons and circumstances.