Noise Ordinance

§ 2710 EXEMPTIONS.

   The following uses and activities shall be exempt from the noise and vibration level regulations of this subchapter:

   (A)   Noises and vibrations not under the control of the property user;

   (B)   Noises and vibrations emanating from construction activities between 7:00 a.m. and 9:00 p.m.;

   (C)   The noises of safety signals, warning devices, and emergency pressure relief valves;

   (D)   Transient noises and vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

(Ord. passed 10-30-06)

§ 2711 NOISE.

   Noise levels shall comply with the applicable standards of the town ordinance relating to noise, §§ 130.75 through 130.91 of this code. Noise levels at the receiving property shall be measured at the property line closest to the source of the noise.

(Ord. passed 10-30-06)

§ 2712 VIBRATION.

   No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation.

(Ord. passed 10-30-06)

§ 2717 HEAT AND GLARE.

   (A)   Any applicable commercial or manufacturing operation producing heat or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line.

   (B)   No exterior lighting shall be used in such a manner that produces glare on public highways or neighboring property. Exterior lighting shall be shielded and directed to the ground and away from all abutting properties and streets, and shall not be discernible at the property line. All street lighting shall be of a design intended to minimize glare and night-sky pollution.

(Ord. passed 10-30-06)

§ 2730 GRAVEL PROCESSING AND OUTDOOR STORAGE OF BULK MATERIALS.

   The purpose of this section is to establish standards for gravel processing and the outdoor storage of bulk materials within the town, to protect and preserve the town's valuable natural resources, groundwater, and environment, and to protect abutting property owners from unreasonable noise, dust, and other adverse impacts of such operations, and to protect and promote the public health, safety, and general welfare.

   (A)   Gravel processing. Gravel processing as defined in § 400 of this chapter, with or without outdoor storage of bulk materials, shall be permitted by special use permit in Industrial and Traffic Sensitive Industrial Districts, but shall be prohibited in all other zoning districts. All gravel processing operations shall comply with the provisions of this section.

   (B)   Outdoor storage of bulk materials. Outdoor storage of bulk materials as defined in § 400 of this chapter shall be permitted only as an accessory use to the primary uses specified in § 602 which specifically includes outdoor storage of bulk materials, and only upon issuance of a special use permit by the Zoning Board of Review.

   (C)   Hours of operation. Gravel processing and outdoor bulk storage operations shall not take place outside the hours of 7:00 a.m. to 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday. No gravel processing or outdoor bulk storage operations shall be allowed on Sundays or legal holidays.

   (D)   Noise. Gravel processing and outdoor bulk storage operations shall comply at all times with the provisions of the town's noise ordinance set forth in §§ 130.75 through 130.91 of this code, and provided further, that gravel processing and outdoor bulk storage operations shall not be considered to constitute permitted construction and demolition activities under § 130.78(H) of this code.

   (E)   Setback requirements. Gravel processing operations and outdoor storage of bulk materials shall comply with and shall not extend into the following setbacks:

      (1)   Front setback: 40 feet;

      (2)   Side setback: 30 feet; and

      (3)   Rear setback: 30 feet.

   (F)   Height requirements. Outdoor storage piles of bulk materials shall not exceed 20 feet in height, measured as the vertical distance from grade immediately adjacent to an outdoor storage pile of bulk materials to the highest point of that pile.

   (G)   Screening requirements. Where permitted, gravel processing operations and outdoor bulk storage areas shall be screened from adjacent public ways, residential districts, or residential use by a landscaped buffer strip of not less than 20 feet in width containing a double row of compact evergreen vegetative screening not less than six feet in height, which shall be erected and maintained between such area and the adjoining residential district or use.

   (H)   Dust control. The owner and operator of any property containing gravel processing operations and/or outdoor storage of bulk materials shall take adequate precautions to prevent dust or other airborne particulate matter from traveling beyond the property line, including without limitation, the use of water sprays or such alternative methods approved by the Rhode Island Department of Environmental Management.

   (I)   Drainage and sediment control. The owner and operator of any property containing gravel processing operations and/or outdoor storage of bulk materials shall take adequate steps to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property, and the pollution of ponds and streams, and shall comply with all applicable provisions of Chapters 151 and 153 of this code.

(Ord. 2018-15, passed 9-4-18)

§ 130.75 PURPOSE.

   (A)   The purpose of this section 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)   This subchapter may be cited as the "Noise Abatement Chapter" of this town.

   (C)   This subchapter shall apply to the control of all noise originating within the limits of the town or originating from properties lying outside the limits of the town owned or controlled by the town, except where either:

      (1)   A state or federal agency has adopted a different standard or rule than that prescribed in this chapter and has so pre-empted the regulation of noise from a particular source as to render this subchapter inapplicable thereto; or

      (2)   The Town Council has determined that, by reason of public acceptance of the activity producing a particular noise, such noise is deemed acceptable to the residents of the town.

(Ord. passed 8-5-91)

§ 130.76 DEFINITIONS.

   Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings given. Definitions of technical terms used in this subchapter, which are not herein defined, shall be obtained from publications of acoustical terminology issued by A.N.S.I. or its successor body.

   A-SCALE (dBA). The sound level in decibels measured using the A-weighted network as specified in A.N.S.I. Standard 1.4-1971 for sound level meters. The level is designated db(A) or dBA.

   AMBIENT SOUND LEVEL. The noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources.

   A.N.S.I. The American National Standards Institute or its successor body.

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

   DECIBEL (dB). A logarithmic and dimensionless unit of measure of 10 used in describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

   DEMOLITION. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

   DWELLING UNIT. A building or portion thereof regularly used for residential occupancy.

   DYNAMIC BRAKING DEVICE. A device used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.

   EMERGENCY WORK. 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. 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. Any area, tract or parcel of land owned by or under the lawful control of one distinct ownership. Abutting "platted lots" under the same ownership shall be considered a "lot." The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one person from that owned by another.

   MIXED USE. A dwelling unit or school located in a commercial or industrial zone.

   MOTOR VEHICLE. Any motor-operated vehicle licensed for use on the public highways. but not including a motorcycle.

   MOTORBOAT. See watercraft.

   MOTORCYCLE. Any motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term shall include motorized bicycles. motor scooters, mopeds and the like.

   NARROW BAND SOUND. 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. With the exception of farm implements and farm animals, time signals, fire, police or ambulance sirens, burglar alarms, refrigerator system alarms and noise customarily involved in the construction or demolition of buildings or other structures, it is a noise which is objectionable due to volume, intermittence, beat frequency or shrillness, occurring on any premises, which is transmitted outside the property on which it originates.

   NOISE DISTURBANCE. Any sound which exceeds the dBA level for such sound set out in this subchapter.

   NOISE SENSITIVE ACTIVITIES. Activities which should be conducted under conditions of exceptional quiet, including, but not limited to, operation of schools, libraries open to the public, churches, hospitals and nursing homes.

   NOISE SENSITIVE AREA. Any area posted with noise sensitive signs and subject to the noise levels set forth in the table in § 130.80.

   NONCONFORMING USE. 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 Ordinance of the town, but which is not a permitted use in the zone in which it is now located.

   OFF-ROAD RECREATIONAL VEHICLE. Any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.

   PERSON. Any individual, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of a state, including the town.

   PHYSICAL CHARACTERISTICS OF SOUND. The steady, impulsive or narrow band property of a sound, the level of the sound and the extent to which it exceeds the background sound level.

   PLAINLY AUDIBLE. Any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehensive of whether a voice is raised or normal or comprehensive rhythms.

   POWERED MODEL VEHICLE. Any self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designed to carry persons, including. but not limited to, any model airplane, boat, car or rocket.

   PUBLIC RIGHT-OF-WAY. Any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public governmental entity.

   PUBLIC SPACE. Any real property, including any structure thereon, which is owned or controlled by a governmental entity.

   PURE TONE. Any sound which can be distinctly heard as a single pitch or set of single pitches.

   REAL PROPERTY BOUNDARY. 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 intrabuilding real property divisions.

   RECEIVING LAND USE. The use or occupancy of the property which receives the transmission of sound.

   RESIDENTIAL PROPERTY. Any property on which is located a building or structure used wholly or partially for living or sleeping purposes.

   SOUND. An 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. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in A.N.S.I. specifications for sound level meters (A.N.S.I. Standard 1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

   SOUND LEVEL METER. An instrument which includes microphone, amplifier, RMS detector, integrator or time averager, output or display meter, and weighting networks, used to measure sound pressure levels, which complies with A.N.S.I. Standard 1.4-1971.

   SOUND PRESSURE. 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. Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per square meter (20x10-6N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels.

   STEADY SOUNDS. A sound whose level remains essentially constant (+/-2 dBA) during the period of the sound level meter.

   TOWN. The Town of Middletown, Rhode Island.

   USED and OCCUPIED. These terms include the words "intended, designed or arranged to be" (used or occupied).

   WATERCRAFT. Any contrivance used, or capable of being used, as a means of transportation or recreation on water.

   ZONING DISTRICTS. Those districts established in the Zoning Ordinance and indicated on the Official Zoning Map.

(Ord. passed 8-5-91)

§ 130.77 MEASUREMENT OF SOUND.

   (A)   If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified by A.N.S.I. Standard 1.4-1971. For purposes of this section, a sound level meter shall contain at least an A-weighted scale and both fast and slow meter response capability.

   (B)   If the measurements are made with other instruments, the procedure shall be carried out in such a manner that the overall accuracy is at least that called for in A.N.S.I. Standard 1.4-1971 for Type II instruments.

   (C)   When the location or distance prescribed in this subchapter for measurement of sound is impractical or would provide misleading or inaccurate results, measurements may be taken at other locations or distances using appropriate correction factors specified in this subchapter.

   (D)   Procedures and tests required by this subchapter and not specified herein shall be placed on file with the Town Clerk.

(Ord. passed 8-5-91)

§ 130.78 EXCEPTIONS.

   The provisions of this subchapter shall not apply to:

   (A)   The emission of sound for the purpose of alerting persons to the existence of an emergency;

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

   (C)   Noncommercial public speaking and public assembly activities conducted on any private property, public space or public right of way;

   (D)   Agricultural activities, exclusive of those involving the ownership or possession of animals or birds;

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

   (F)   The emission of sound in the discharge of weapons or in fireworks displays licensed by the town, from 7:00 a.m. to 11:00 p.m.;

   (G)   The emission of sound in the operation of snow removal equipment; and

   (H)   The emission of sound relative to permitted construction and demolition activities, provided that such activities do not occur between 9:00 p.m. and 7:00 a.m.

(Ord. passed 8-5-91)

§ 130.79 NOISE DISTURBANCES PROHIBITED.

   No person shall make, continue or cause to be made or continued, except as permitted, any noise or sound which constitutes a noise disturbance, as defined in this subchapter.

(Ord. passed 8-5-91) Penalty, see § 130.99 

§ 130.80 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE.

      (A)   With the exception of sound levels elsewhere specifically authorized or allowed in this subchapter, the following table sets forth the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use:

(B)   Notwithstanding any other provision of this subchapter, the maximum permissible sound levels, at all times, allowed at or within the real property of a receiving land use, shall be 55 dBA, for sound levels emitting from any business with a liquor license.

(Ord. passed 12-6-93)

   (C)   For any source of sound which emits a pure tone, the maximum sound level limits set forth herein above shall be reduced by five dBA.

(Ord. passed 8-5-91)

§ 130.81 EMERGENCY SIGNALING DEVICES.

   (A)   No person shall operate or permit the intentional sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in division (B) below.

   (B)   Testing of a stationary emergency signaling device will occur at the same time of day each time the test is performed, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall the test time exceed 60 seconds.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.82 SPECIFIC ACTIVITIES PROHIBITED.

   (A)   Sales by "Hawking" or "Barking." No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary or in a noise sensitive area.

   (B)   Vehicle or Motorboat Repairs or Testing. No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motor boat in such a manner as to cause a noise disturbance across a real property boundary or within a noise sensitive area.

   (C)   Powered Model Vehicles. No person shall operate or permit the operation of a powered model vehicle in a public or private space out of doors or within a noise sensitive area between the hours of 10:00 p.m. and 7:00 a.m. the following day.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.83 MUSICAL INSTRUMENTS AND SIMILAR DEVICES.

   No person shall operate, play or permit the operation or playing of any drum, musical instrument or similar device which produces sound in such a manner as to create a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.84 REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT.

   Except for activities open to the public and for which a permit or a noise variance having been issued by the town, no person shall operate. play or permit the operation or playing of any radio, television, phonograph or other sound amplifying equipment so as to create a noise disturbance.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.85 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 of 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, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pick-up 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 division, 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 the table in (C) below for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicle or vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the center line of travel under test procedures established by (D) below. If the distance of the measuring instrument from the center line of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.

   (C)   Noise limit in relation to the legal speed limit. The table below 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 the town code relating to motor vehicle muffler or noise control:

 (D)   The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by A.N.S.I. The instrument shall be maintained in calibration and good working order. 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 noise interfere with the primary noise being measured.

   (E)   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 dBA levels set forth in the table in (C) above. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Every motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dBA levels set forth in the table in (C) for 35 mph or less.

   (F)   No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass and no person shall operate a motor vehicle or motorcycle which has been so modified.

   (G)   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 property boundary or in a noise sensitive area.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.86 CONSTRUCTION.

   (A)   No person shall operate or permit the operation of any tool or equipment in construction, drilling or demolition work, or in preventive maintenance work for public service utilities, which creates a noise disturbance across a residential real property boundary or within a noise sensitive area.

   (B)   This section shall not apply to:

      (1)   Emergency work or repair work performed by and for governmental entities or public service utilities; or

      (2)   Work for which a variance has been obtained from the Town Council.

   (C)   The use of domestic power tools or equipment is subject to the noise levels set forth in the table in § 130.80.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.87 STATIONARY NON-EMERGENCY SIGNALING DEVICES.

   (A)   No person shall operate or permit the sounding of any stationary bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than one minute in any one hour.

   (B)   Devices used in conjunction with places of religious worship shall be exempt from the operation of this section.

   (C)   Variances for sound sources covered by this section, may be granted by the Town Council.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.88 ANIMALS AND BIRDS.

   No person shall own, possess or harbor any animal or bird which frequently or for a continued duration emits sound that is native to the species, which sound exceeds the dBA levels set forth in the table in § 130.80.

(Ord. passed 8-5-91) Penalty, see § 130.99

§ 130.89 IMPLEMENTATION, ADMINISTRATION AND ENFORCEMENT.

   (A)   This subchapter shall be implemented, administered and enforced by the Police Department or any other town department or division designated by the Director of Public Safety.

   (B)   The provisions of this subchapter which prohibit a person from making or continuing noise disturbances, or causing the same to be made or continued, across a real property boundary or within a noise sensitive area, shall be enforced by the Police Department or any other town department or division designated by the Director of Public Safety.

   (C)   To implement and enforce this subchapter, the Police Department, or any other 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 subchapter 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 subchapter, if these projects are likely to cause sound in violation of this subchapter;

      (5)   Issue sound variances pursuant to § 130.91;

      (6)   Prepare recommendations for consideration by Council, after publication of notice and after a public hearing, for establishing the boundaries of noise sensitive areas.

   (D)   Whenever a violation of this subchapter occurs and two or more persons are present in or on the lot from which the sound emanates and it is impossible to determine which of said persons is the violator, the owner of the lot shall be presumed responsible for the violation if present; in the absence of such owner, the tenant or tenants of such lot or any person present with the direct consent of the owner shall be held responsible for the violation.

   (E)   In the case of continuing violations, the Town Solicitor may institute an action for injunctive relief against the owner and/or tenant of the lot.

(Ord. passed 8-5-91)

§ 130.90 DEPARTMENTAL ACTIONS.

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

(Ord. passed 8-5-91)

§ 130.91 PERMITS AND SOUND VARIANCES.

   (A)   The Police Department, upon written application, shall have the authority, consistent with this section, to issue to each property in the town not more than one permit per year,provided any such permit is limited in duration to a period not to exceed 12 hours. The failure of the Police Department to issue a sound permit, after a written application, shall not preclude an application for a sound variance as hereinafter provided.

   (B)   The Town Council shall have the authority, consistent with this section, to grant sound variances from this subchapter after public hearing.

   (C)   Any person seeking a sound variance 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 sound variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community or on other persons.

   (D)   All applications for sound variances shall be subject to a fee of $50 per day if granted and, whether granted or denied, an amount sufficient to cover the cost of advertising and notification to all residents and property owners within 100 feet of the real property boundary from which the noise source emanates. Advertisement shall be made at least once, seven days prior to the public hearing, in a newspaper of general circulation in the town. Notification shall be by regular mail at least seven days prior to the public hearing.

   (E)   In determining whether to grant or deny an application, or revoke a variance previously granted, the Town Council shall balance the hardship to the applicant, the community and other persons if the sound variance 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 sound variance is allowed. Applicants for sound variances and persons contesting sound variances may be required to submit any information that the Town Council may reasonably require. In granting or denying an application or in revoking a sound variance previously granted, the Town Council shall file in the Office of the Town Clerk a copy of the decision and the reasons for granting. denying or revoking the sound variance.

   (F)   Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted.

   (G)   Determination of modification of a granted variance shall be made in accordance with the rules and procedures set forth in the section for original applications.

(Ord. passed 8-5-91)