A.
The Town Board shall have the authority to grant special variances
from this chapter for limited times and purposes.
B.
Any person seeking a special variance pursuant to this section shall
file an application with the Town Clerk. 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 of the applicant, on the community or on other persons. In
addition, the following information shall be provided:
(1)
The plans, specifications and any other information pertinent to
the source of sound and vibration.
(2)
The characteristics of the sound and 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.
(3)
The noise abatement and control methods used to restrict the emissions
of the sound and vibration.
(4)
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.
(5)
The names 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.
(6)
The names and addresses of all owners of contiguous land within 500
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 500 feet from the borders of said site.
(7)
A filing fee in an amount as determined from time to time by the
Town Board.
C.
No special variance shall be required for any event that has been authorized through issuance of a public assemblies permit or parade permit, pursuant to Chapters 44 and 95 of the Town Code, so long as the permit specifies that noise control has been reviewed and approved, with any special conditions listed, pursuant to this chapter.
A public hearing shall be required for all variance applications
heard by the Town Board. Upon reasonable public notice published in
the official newspaper of the Town of Red Hook and posted upon a public
notice board designated for that purpose by the Town of Red Hook in
the Town Hall, for a minimum of 10 days, the Town 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 Town 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/her 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
of Red Hook whenever requested.
Activity conducted under the special variance shall be open
to inspection at any time by any agent of the Town of Red Hook
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 any provision of this chapter is held to be unconstitutional
or otherwise invalid by any Court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.
