The Zoning Board of the Village 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 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 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 source site within a radius of 200 feet from the borders
of said site.
G. A filing fee, as set by resolution of the Village Board
of the Village of Colonie.
Upon prior reasonable public notice, public notice published in the
official newspaper of the Village of Colonie and placed upon a public notice
board designated for that purpose by the Village 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 Village 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 as 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 Village whenever requested.
Activity conducted under the special variance shall be open to inspection
at any time by any agent of the Village.
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.
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.