The Town Zoning Board of Appeals shall have
the authority to grant special variances for limited times and purposes
of this chapter. Any person seeking a special variance pursuant to
this section shall file an application with the Town Code Enforcement
Officer. 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 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.
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 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.
Upon prior reasonable public notice the Zoning
Board of Appeals shall hold a hearing on the special variance application.
The Zoning Board of Appeals, upon reviewing all input from the 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 Code Enforcement Officer, 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 of Appeals 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 of Clifton Park whenever requested.
Activity conducted under the special variance
shall be open to inspection at any time by any agent of the Town of
Clifton Park.