§ 164-11. Variances; appeals; administration.

A.

Variances.

(1)

Any person living or doing business in Stamford may apply to the Director of Health for a variance from one (1) or more of the provisions of this chapter, which are more stringent than the Connecticut Department of Environmental Protection regulations for the control of noise, provided that the applicant supplies all of the following information to the Director of Health:

(a)

Location and nature of activity.

(b)

The time period and hours of operation of said activity.

(c)

The nature and intensity of the noise that will be generated.

(d)

Any other information required by the Director of Health.

(2)

No variance from these regulations shall be issued unless it has been demonstrated that:

(a)

The proposed activity will not violate any provisions of the Connecticut Department of Environmental Protection regulations.

(b)

The noise levels generated by the proposed activity will not constitute a danger to the public health.

(c)

Compliance with the regulations constitutes an unreasonable hardship on the applicant.

(3)

The application for variance shall be reviewed and either approved or rejected within fifteen (15) days of receipt by the Director of Health. The approval or rejection shall be in writing and shall state the condition(s) of approval, if any, or the reasons for rejection.

(4)

Failure to rule on the application within the designated time shall constitute approval of the variance.

(5)

Any person aggrieved by the decision of the Director of Health with respect to any variance may appeal in accordance with the Charter to the Health Commission within a period of ten (10) days of the reception of the Health Director's decision.

B.

The Director of Health is herewith authorized to make regulations from time to time, not inconsistent with the State Public Health Code and/or the regulations of the State Department of Environmental Protection regarding noise, which shall, upon approval by the Board of Representatives, become effective therewith.

C.

Contracts. Any written agreement, purchase order or contract whereby the City of Stamford is committed to an expenditure of funds in return for work, labor, services, supplies, equipment, materials or any combination thereof shall not be entered into unless such agreement, purchase order or instrument contains provisions that any equipment or activities which are subject to the provisions of this chapter will be operated, constructed, conducted or manufactured without violating the provisions of this chapter.

D.

Mediation. In the event that the Director of Health receives a complaint alleging a violation of this chapter by noise emanating from a construction or demolition activity, he is expressly authorized to seek to mediate such dispute within forty-eight (48) hours, provided that he is satisfied that the complainant is aggrieved by the alleged violation, that there is reasonable grounds to believe that there is a violation of this chapter, and he determines, in view of the particular factual circumstances, that such mediation may result in a satisfactory resolution of the complaint. Nothing herein is intended to affect or in any way limit any other procedures established elsewhere in this chapter, limit any other powers granted to the Director of Health or require the Director of Health to invoke the mediation powers herein established.