§ 50-8. Variances.

A. 

Any person who owns or operates any stationary noise source may apply to the Noise Control Administrator for a variance from one or more of the provisions of this chapter. Applications for a variance shall supply information, including but not limited to:

(1) 

The nature and location of the facility or process for which such application is made.

(2) 

The reason for which the variance is requested.

(3) 

The nature and intensity of noise that will occur during the period of the variance.

(4) 

A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.

(5) 

A specific schedule of the noise control measures which shall be taken to bring the source into compliance.

B. 

Failure to supply the information required by the Noise Control Administrator shall be cause for rejection of the application.

C. 

The Noise Control Administrator shall charge fees as established by Town Board resolution.

[Amended 11-23-2010 by L.L. No. 44-2010, effective 12-7-2010; 2-14-2019 by L.L. No. 2-2019, effective 2-25-2019]

D. 

The Noise Control Administrator may, at his/her discretion, limit the duration of the variance, which shall never be longer than 15 days. Any person holding a variance and requesting an extension of time may apply for a new variance under the provisions of this section. No person shall be entitled to variances totalling more than 30 days during any calendar year.

E. 

The variance shall operate as a stay of prosecution.

F. 

The variance may be revoked by the Noise Control Administrator if the terms of the variance are violated.