The Town Board, in its discretion, is authorized to grant a
permit for a specific waiver from the requirements of this chapter.
Such waivers may be granted in those circumstances where the applicant
demonstrates that on balance the need for and benefits of the waiver
outweigh the needs and rights of the surrounding neighbors to a peaceable
and quiet environment. In determining whether to grant a permit, the
Town Board shall consider factors including but not limited to the
volume of the noise, the proximity of the noise to sleeping facilities,
the time of day or night the noise occurs, the time duration of the
noise, and the impact of the noise on persons living or working in
different places or premises who are affected by the noise
A.
An application for such a permit shall be filed with the Town Clerk
no less than 21 days before the anticipated need and shall provide
the following information:
(1)
The name of the applicant.
(2)
The adult person responsible for compliance with the permit, if different
from the applicant, which adult person shall also sign the application
and agree to be responsible for compliance with the permit terms and
any conditions attached to the permit.
(3)
The reasons for such usage.
(4)
Plans and specifications of the use.
(5)
Noise abatement and control methods to be used.
(6)
Time schedule.
(7)
Demonstration why the applicant cannot conform to this chapter.
(8)
Such other information as the Town Clerk and/or Town Board may reasonably
require to adequately consider the permit request.
B.
The Town Board may in its sole discretion waive the application filing
requirement of 21 days upon good cause shown or for other unique,
special or extenuating circumstances.
C.
At the time of the filing of the permit application or applications,
the applicant shall pay the Town a nonrefundable fee as set from time
to time by Town Board resolution.
D.
Applications may be submitted simultaneously by a single entity,
representative or agent thereof for events occurring at a single address
within a consecutive six-month period. Events of a similar scope and
size may be listed on one application. All applications shall be reviewed,
and determinations shall be rendered on each application. The Town
Board may make different decisions and impose different conditions
on individual events contained within an application for multiple
events.
E.
A public hearing before the Town Board shall be held in connection
with the application no less than five days after publication of notice
of such hearing in the Town's official newspaper. The issuance
of permits shall be discretionary. The Town Board may impose any conditions
deemed necessary by such Board to minimize the intrusion of sound
that might occur by the exercise of the privileges granted by the
permit. Any permit issued shall state that the permit only applies
to this chapter, and that § 240.20, Subdivision 2, of the
Penal Law of the State of New York, Disorderly Conduct, provides that
"A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a
risk thereof: ... he makes unreasonable noise." If a permit is issued,
a copy of the permit stipulating any and all conditions imposed by
the Town Board shall be furnished to the Tompkins County Sheriff's
Department by the Town Clerk, simultaneously upon the issuance of
the permit to the applicant.
F.
The Town Board may, in its sole discretion, waive the holding of
a public hearing upon good cause shown or for other unique, special
or extenuating circumstances.
G.
Revocation of noise permits. Noise permits may be suspended or revoked
when it is determined that there is a violation of a condition under
which the permit was issued, or if information submitted in connection
with the permit application or with a condition of the permit was
incorrect, inaccurate, or incomplete.
