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.
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.