STATE OF RHODE ISLAND
THE TOWN OF NORTH SMITHFIELD

AN ORDINANCE OF THE TOWN COUNCIL
REGULATING NOISE

It is ordained by the Town Council of the Town of North Smithfield as follows:

That the Code of Ordinances, Chapter 8, entitled, HEALTH AND SANITATION , and that there shall be added Article VII, entitled, ” Noise, which shall read as follows:

Preamble
WHEREAS, Excessive noise is a serious hazard to the public health, safety and welfare and the quality of life, and

WHEREAS, A substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public, and

WHEREAS, Certain of the noise-producing equipment in this community is essential to the quality of life and should be allowed to continue at reasonable levels with responsible regulation, and

WHEREAS, Each person has a right to an environment reasonably free from noise which jeopardizes health or welfare or unnecessarily degrades the quality of life, and

NOW, THEREFORE, the Town Council of the Town of North Smithfield does hereby ordain as follows:

ARTICLE VII:  NOISE

Sec. 8-110 Findings: statement of policy.
(a)     The town council hereby finds and declares that:
(1)     Excessive noise is a serious hazard to the public health, safety and welfare and the quality of life.
(2)     A substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public.
(3)     Certain of the noise-producing equipment in this community is important to the quality of life and should be allowed to continue at reasonable levels with responsible regulation.
(4)    Each person has a right to an environment reasonably free from noise which jeopardizes health or welfare or unnecessarily degrades the quality of life.
(b)    It is the declared policy of the town to promote an environment free from excessive noise, otherwise properly called noise pollution, which unnecessarily jeopardizes the public health, safety and welfare and degrades the quality of the lives of the residents of this community, without unduly prohibiting, limiting or otherwise regulating the function of certain noise-producing equipment which is not amenable to such controls and yet is essential to the quality of life in the community.
(c ) The following are some examples of decibel levels of common exposures.

Real-Life Examples: Approximate Decibels (dB)

 

Decibels Faint Moderate Very Loud Extremely Loud Painful
140 Firecracker
130 Jackhammer / Jet Plane

 

120 Thunder / Rock Concert
110 Chain Saw
105 Screaming Child

90

Power Lawn Mower

85

Average Traffic

80

Alarm Clock @ 2’

70

Vacuum Cleaner

65

Washing Machine

60

Sewing Machine

50

Rainfall (moderate)

40

Refrigerator Hum

30

Quiet Whisper

20

Ticking Watch

Sec. 8-111. Purpose: title and scope of article.
(A)     Purpose. The purpose of this article is to establish standards for the control of noise pollution in the town by setting maximum permissible sound levels for various activities to protect the public health, safety and general welfare.
(B)     Title. This article may be cited as the “Noise Ordinance” of the town.
(C)     Scope. This article shall apply to the control of all noise originating within the limits of the town, except when:

(1)     The facility generating the noise has been granted a permit or license by a federal and/or state agency and the authorization to operate within set noise limits; or
(2)     Such noise has been granted an exemption.

(D)    Partial Invalidity: If any provision of any section of this chapter be held invalid, the remainder of the sections and the applications of the provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby.

 Sec. 8-112. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Definitions of technical terms used in this article, which are not defined in this section, shall be obtained from publications of acoustical terminology issued by ANSI or its successor body.

Ambient sound level means the noise associated with a given environment, exclusive of intruding noises from isolated identifiable sources.

ANSI means the American National Standards Institute or its successor body.

A-scale (dBA) means the sound level in decibels measured using the A-weighted network as specified in ANSI Standard 1.4-1983 for sound level meters. The level is designated dB(A) or dBA.

Construction means any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair of buildings, roadways, or utilities, including land clearing, grading, excavating and filling.

Decibel (dB) means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

Dwelling unit means a building or portion thereof regularly used for residential occupancy.

Dynamic braking device means a device used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purposes of vehicle braking without the use of wheel brakes.

Emergency work means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from imminent exposure to danger.

Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms.

Lot means any tract or parcel of land owned by or under the lawful control of one distinct ownership. The lot line or boundary is an imaginary line at ground level that separates a lot and its vertical extension owned by one entity from that owned by another.

Mixed use means a dwelling unit or school located in a commercial or an industrial zone.

Motorboat See Watercraft.

Motor vehicle means any motor-operated vehicle licensed for use on the public highways.

Narrow band sound  means a sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as “whine,” “hiss,” “toot,” or “wail”; or a sound whose frequencies occupy an octave band or less.

Noise control office means the town department having responsibility for the enforcement of this article.

Noise disturbance means any sound which exceeds the dB(A) level for such sound set out in this article.

Nonconforming use means a use of a structure, building or land which was established as a permitted use and which has been lawfully continued pursuant to the zoning code of the town, but which is not a permitted use in the zone in which it is now located.

Off-road recreational vehicle means any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.

Physical characteristics of sound means the steady, impulsive or narrow band property of a sound, the level of sound and the extent to which it exceeds the background sound level.

Plainly audible means any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible rhythms.

Powered model vehicle means self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designed to carry a person, including, but not limited to, any model airplane, boat, car or rocket.

Public right-of-way means any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public government entity.

Public space means any real property, including any structure thereon, which is owned or controlled by a governmental entity.

Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

Receiving land use means the use or occupancy of the property which received the transmission of sound.

Residential property means any property on which is located a building or structure used wholly or partially for living or sleeping purposes. Residential property shall include hotels and motels.

RMS   means the root mean square process by which a value is derived using a device that reads theeffective value of the db range. The effective value is calculated as V2=V2 sin2Ө.

Sound   means  oscillation  in  pressure,  particle  displacement,  particle  velocity  or  other  physical

parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or play meter, and weighting networks used to measure sound pressure levels, which complies with ANSI Standard 1.4-1983.

Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per square meter (20 x 10-6N/m’). The sound pressure level is denoted SPL and is expressed in decibels.

Steady sound means a sound whose level  remains  essentially constant (+ or – 5dB) during the measurement period with the sound level meter.

Tone means any sound which can be distinctly heard as a single pitch or set of single pitches. For the purposes of this article, a tone shall exist if an octave-band analysis indicates any octave band five dB or more over both the band above and below.

Unnecessary, excessive or offensive noise means any sound or noise conflicting with criteria, standards or levels set forth in this article for permissible noises.

Used and occupied include the words “intended, designed or arranged to be” used or occupied. Watercraft  means any contrivance used, or capable of being used, as a means of transportation or recreation on water.

Zoning districts means those districts established by the zoning ordinance of the town and indicated on the official zoning map.

Sec. 8-113. Penalty for violation.

(A)     Any person found to have violated the terms of this article shall be punished in accordance with this section.

(B)     The penalty for violation of any section of this article shall be up to the maximum allowed by state law for municipalities to impose on ordinance violations as follows:

(1)     Upon a first offense a warning will be issued. (2) The second offense shall be punished by the issuance of an order to cease and desist the violation and fine of $100.00. A $500.00 fine shall be assessed for all subsequent offences.

(C)     Each noise disturbance shall be considered a separate offense.

(D)     Each day of the noise disturbance shall also constitute a separate violation of this section.

Sec. 8-114. Exceptions from article provisions.

(A)     The provisions of this article shall not apply to:

(1)     The emission of sound for the purpose of alerting persons to the existence of an emergency or resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;

(2)     The emission of sound in the performance of emergency work;

(3)     The unamplified human voice, except those activities prohibited in section 8-120;

(4)     Agricultural activities, including those involving the ownership or possession of animals or birds on parcels of ten acres or more;

(5)     The emission of sound in the performance of military operations, excluding travel by individuals to or from military duty;

(6)     The emission of sound in any sporting activities sanctioned and/or regulated by the Town.

(7)     The emission of sound in the discharge of firearms in any legal activity;

(8)     The emission of sound in fireworks displays licensed by the town.;

(9)     The emission of sound in the operation of snow removal equipment at any time and in the operation of lawnmowers, leaf blowers and similar equipment from 8:00 a.m. to the later of 8:00 p.m or sunset and

(10)   The emission of sound in residential zones for the operation of home owner’s tools including compressors, nail guns and similar tools from 8:00 a.m. to the later of 8:00 p.m or sunset and

(B) The emission of sound relative to all construction, demolition, rock crushing, and earthmoving, pursuant to and in furtherance of a valid building or demolition permit, utilizing internal combustion engines, motors and normal maintenance activities are:

(1)     Allowed during normal Eastern Standard Time: activities between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday;

(2)     Allowed during Daylight Savings Time: activities between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday;

(3)     Allowed on Saturdays from 7:30 a.m. to 4:30 p.m.; and

(4)     Prohibited at any hour on Sunday and legal Holidays.

(5)        Subject to all limits of this Ordinance if not pursuant to and in furtherance of a valid permit.

Sec. 8-115. Temporary exemptions for special events.
Upon good cause shown, the Town Council may issue a temporary exemption, not to exceed five consecutive days for special events, if application is made in a timely manner so as to appear on a Town Council Meeting Agenda prior to the event. No entity shall be entitled to more than three such exemptions in any one calendar year.

Sec. 8-116. Noise disturbances prohibited generally.
(A)     No person shall make, continue or cause to be made or continued, except as permitted in this article, any noise or sound which constitutes a noise disturbance. In the absence of specific maximum noise levels, a noise level must exceed the ambient noise level by five dB(A) or more, when measured at the nearest property line or, in the case of a multifamily residential building, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, in order to constitute a noise disturbance.

(B)     This section shall apply to the use or occupancy of any lot or structure thereon and to the noise produced thereby but shall not apply to the intermittent or occasional use, during the daytime, of homeowner’s light residential outdoor equipment or commercial service equipment.

Sec. 8-117. Measurement of sound.
(A)     Generally; tests for noise disturbances. In addition to the definition established in section 8-112, the factors which shall be considered in determining whether a noise disturbance exists shall include, but shall not be limited to, the following:

(1)     The volume and intensity of the background noise, if any;
(2)     The proximity of the noise to residential sleeping facilities;
(3)     The nature and zoning of the area within which the noise emanates;
(4)     The density of inhabitation of the area within which the noise emanates;
(5)     The time of the day or night the noise occurs;
(6)     The duration of the noise;
(7)     Whether the noise is recurrent, intermittent or constant; and
(8)     Whether the noise is produced by a commercial or noncommercial activity.

(B)     Classification of use districts. It is unlawful to project a sound or noise, from one property into another, within the boundary of a use district which exceeds either the limiting noise spectra set forth in table I in section 8-118, or exceeds the ambient noise level by more than five decibels.

(1)     Noise level limits. Sound or noise projecting from one use district into another use district with a different noise level limit shall not exceed the limits of each district into which the noise is projected.
(2)     Measurement of noise.

(a). The measurement of sound or noise shall be made with a sound level meter and whole octave band analyzer meeting the standards prescribed by the American National Standards Institute (ANSI). All sound measurements shall be for a minimum duration of five consecutive minutes. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.
(b). The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise spectra set forth in table I in section 8-118.
(c). The measurement shall be made at the property line of the property on which such noise is generated, or perceived, as appropriate five feet above ground.
(d). In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary.

Sec. 8-118. Maximum permissible sound levels by receiving land use. 

(A)     With the exception of sound levels elsewhere specifically authorized or allowed in this article or exempted from this article, the following are the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use:

Table I
Zoning District Noise Standard Maximum Allowable Octave Band Sound Pressure Levels 1

Residential Business Limited & General Commercial Industrial
Octave Band Center Frequency of all Measurement (HZ)> Daytime All      Other Times Daytime All        Other Times Any time
31.5 61 53 66 58 68
63 60 52 65 57 67
125 56 48 61 53 63

 

250 54 44 59 49 59
500 50 40 55 45 55
1000 47 37 52 42 52
2000 43 33 48 38 48
4000 39 29 44 34 44
8000 38 28 43 33 43
Single number Equivalent 53 dB(A) 43 dB(A) 58 dB(A) 48 dB(A) 58 dB(A)

1 Unless otherwise noted, values given in the following table are dB, i.e., no adjustments for “A” or “C” weighting.

(B)     For any source of sound which emits a tone, the maximum sound-pressure level limits and single- number equivalents set forth in subsection (a) of this section shall be reduced by five dB.
(C)     Exceptions to table I are activities covered in sections 8-114 and 8-115.

 Sec. 8-119: Emergency signaling devices.
(A)     No person shall operate or permit the intentional sounding outdoors of any fire, burglar, vehicle, or civil defense alarm, siren whistle or similar stationary emergency signaling device, except for emergency purposes or for testing or monitoring, as provided in subsection (b) of this section.
(B)     Testing of a stationary signaling device shall occur at the same time of day each time the test is performed, but not before 8:30 a.m. or after 5:30 p.m. Any such testing shall use only the minimum cycle test time.

Sec. 8-120: Specific prohibited acts.
The following actions are prohibited only when causing a noise disturbance as defined in this chapter:

(1)     Hawkers and peddlers. No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.
(2)     Vehicle or motorboat repairs or testing. No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a real property boundary.
3) Horns, signaling devices, etc. The sounding of any horn or signaling  device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning.
(4)     Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving device, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(5)     Yelling, shouting, etc. No person shall vocalize at such excessive vocal amplifications in a residential zoning district that is plainly audible at a distance of one hundred (100) feet or more from the point of measurement for a duration of ten (10) seconds. The provisions of this section include, but are not limited to, yelling, laughing, shouting, hooting, hollering, screaming or singing. The provisions of this section shall apply to human vocalizations that either cross a real property boundary or is within a noise sensitive area. The prohibitions of this section shall apply between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day.
(6)     Exhausts.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorcycle, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises there from.
(7)     Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such condition as to create a noise disturbance.
(8)     Loading, unloading, opening boxes. The creation of a noise disturbance in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. The prohibitions of this section shall apply between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day.
(9)     Schools, courts, churches, hospitals. The creation of any noise disturbances on any street adjacent to any school, institution of learning, church or court while the school, institution of learning, church or court are in use, or adjacent to any hospital, provided that conspicuous signs are displayed in such streets indicating that such is a school, hospital or court street.

 Sec. 8-121: Musical instruments and similar devices.

No person shall operate, play or permit the operation of any musical instrument, phonograph or other machine or device for the production or reproduction of sound, including but not limited to any stereo, radio, television, musical instrument or other noise making device for the producing or reproducing of sound within a motor vehicle, using or operating such instrument or device in such manner as to constitute a noise disturbance. In addition, the operation of any such instrument, phonograph, television, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building structure or vehicle in which it is located shall be a violation of this section; provided, that nothing contained in this section shall prohibit performances by the ringing of bells in a tower, or by a band or orchestra in a hall, building or in the open air that is otherwise in compliance with local ordinances.

 Sec. 8-122: Motorized vehicles.

(A)     No person shall operate the engine providing motive power, or any auxiliary engine, of a motor vehicle with a manufacturer’s gross vehicle weight rating 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table II in this section, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.
(B)     No person shall operate, within the speed limits specified in this section, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in table II in this section for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the centerline of travel. If the distance of the measuring instrument from the centerline of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.

TABLE II

Noise Limit in Relation to the Legal Speed Limit

35 mph or less Over 35 mph
(1) Any motor vehicle with a manufacturer’s gross vehicle weight rating 10,000 pounds or more and any combination of vehicles towed by such motor vehicle 86 dBA 90 dBA
(2) Any motorcycle 82 dBA 82 dBA
(3) Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle 75 dBA 75 dBA

This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of this Code relating to motor vehicle muffler or noise control.

(C)     Every motor vehicle and motorcycle shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dB(A) levels set forth in table II in this section. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle.
(D)     No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler bypass and no person shall operate a motor vehicle or motorcycle which has been so modified if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table II in this section.
(E)     No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property, in such a manner as to create a noise disturbance across a real boundary.

 Sec. 8-123: Construction.

(A)     Exceptions. This article shall not apply to:

(1)     Emergency work or repair work performed by and for government entities or public service utilities or their agents; or
(2)     Work for which an exemption has been obtained under section 8-115 or section 8-127.

(B)     Restrictions. The use of domestic power tools or equipment is subject to the noise levels set forth in table I in section 8-118.

Sec. 8-124: Animals and birds.

No person shall own, possess or harbor any animal or bird which frequently and or continually emits sound which exceeds the dB(A) levels as set forth in table I in section 8-118. Furthermore, it shall be deemed a noise disturbance to own or keep dogs or other animals that create a nuisance by habitual and or continual emitting of sounds (such as barking dogs). Should the Animal Control Officer or a Police Officer, upon personal observation of an animal, find that a noise disturbance is habitually created, a citation shall be issued.

Sec. 8-125: Implementation, administration and enforcement.

(A)     This article shall be implemented, administered and enforced by the town police department or any other town department or division designated by the director of public safety.
(B)     The provisions of this article which prohibits a person from making or continuing noise disturbances, or causing the noise disturbances to be made or continued, across a real property boundary, shall be enforced by the police department or any other town department or division as designated by the director of public safety.
(C)    Any person, including a police officer, may be a complainant for the purpose of instituting action for any violation of this ordinance.
(D)    To implement and enforce this article, the police department, or any duly designated town agency, shall have the power to:

(1)     Conduct research, monitoring and other studies related to sound;
(2)     Conduct programs of public education regarding the causes, effects and general methods of abatement and control of noise as well as the actions prohibited by this article and the procedures for reporting violations;
(3)     Coordinate the noise control activities of all town departments;
(4)     Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this article, if these projects are likely to cause sound in violation of this article;
(5)     Prepare recommendations for consideration by the town council, after publication of notice and after a public hearing.

 Sec. 8-126:  Departmental actions.

All departments and agencies of the town shall carry out their programs in furtherance of the policies set forth in this article.

 Sec. 8-127:  Exemptions.

(A)       Upon good cause shown, the Town Council may issue an exemption from this ordinance, provided that applicant clearly demonstrates that undue hardship will result from an exemption denial; and
(B)      The town council may set any limits or conditions upon an exemption including, but not limited to, maximum allowable decibel limits and times when such exemptions are permitted; and
(C)     Application. Any person seeking an exemption under this section shall file an application with the Town Council. The application shall contain information, which demonstrates that bringing the source of sound or activity, for which the exemption is sought, into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(D)     Application fee. For all residential applications for exemptions there shall be a $225 fee. For all other applications for exemption there shall be a $300 fee.  All applications shall be accompanied by an amount sufficient to cover the costs of advertising and notification of all residents and property owners affected by the proposed noise source. All fees are due and payable to the “Town of North Smithfield” at the time of application.
(E)   Notice. Advertisement shall be made at lease once, at a minimum of seven (7) days prior to the public hearing, in a newspaper of general circulation in the Town. Public hearing notification of all residents within 200 feet of the proposed noise source shall be made by regular mail at lease seven (7) days prior to the public hearing. It shall be the responsibility of the applicant to provide the Town Clerk with:

  1. the names and mailing addresses of the persons to be notified under the provisions of this section and
  2. a facsimile, to appropriate scale, of the current tax assessor’s map for the subject area of the request for sound variance graphically showing all lots within the 200’ radius of the noise source.
  3. the applicant shall pay and be responsible for all costs of advertising and notification of affected land owners plus any additional professional or other expenses required in order to process the application whether variance granted or denied

(E)       Grant, denial or revocation.

(1) In determining whether to grant or deny an application, or revoke an exemption previously granted, the Town Council shall balance the hardship to the applicant, the community and other persons if the special use permit is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the special use permit is allowed. The Town Council may grant the relief as applied for if it finds that:

a.

  • Additional  time  is  necessary for  the  applicant  to  alter  or  modify his/her  activity or operation to comply with this section; or
    b.

The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and
c. No other reasonable alternative is available to the applicant.

(2)  Applicants for an exemption and persons contesting exemptions may be required to submit any information that the Town Council may reasonably require. In granting or denying an application or in revoking an exemption previously granted, the Town Council shall place on public file a copy of the decision in the land evidence records of the town stating the reasons for granting, denying or revoking the exemption.

(F)     Conditions. The exemption shall be granted by notice to the applicant containing all conditions necessary to  minimize adverse effects upon the community or the surrounding neighborhood, including a time limit on the permitted activity. The exemption shall not become effective until the applicant agrees to all conditions. Noncompliance with any condition of the exemption shall terminate it immediately and subject that person to those provisions of this article regulating the source of sound or activity for which the exemption was granted.

(G)   Modification of exemption. Determination of modification of a granted exemption shall also be made in accordance with the rules and procedures set forth in this section.

(H)   Expiration. The exemption shall automatically expire when the specific use for which it was granted is discontinued.

 Sec. 8-128 :  Jurisdiction.

Jurisdiction of offenses under this section shall be in the municipal court of the town, or in the district court in the absence of any municipal court for the town.

 Sec. 8-129 :  Reserved.

 

Approved in form:                                                                            Mark C. Hadden, Town Solicitor

Received by Town Clerk:                                                      Debra A. Todd

Posted Date:                                                                         

Date:                         

First Reading:                                                                     

Second Reading:                                                                 
Thibault            Zwolenski              Lovett                Keeley                   Leclerc             

Approved by Town Administrator:                                               
Robert B. Lowe

 

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