§ 209-8 Chapter 209 Noise

Variances.

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A. Any person who owns or operates any stationary noise source may apply to the Noise Control Administrator, on forms provided by the Noise Control Administrator, for a variance from one or more of the provisions of this chapter, except the provision of § 209-5D which shall be appealed to the Town Board. Applications for a variance shall provide 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, expressed in decibels, 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 or requested by the Noise Control Administrator shall be cause for rejection of the application.C. The fee for such application for variance shall be such fee as established by resolution of the Webster Town Board.D. The maximum duration of a variance shall be 15 days. Any person holding or having held a variance may request an extension or may request a new variance. However, no person shall be entitled to variances totalling more than 30 days during any calendar year.E. The variance will be deemed to be revoked if any of the terms or conditions of the variance are violated.

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