HomeMy WebLinkAbout#29 - Noise OrdinanceMAYOR AND COUNCIL COMMUNICATION
DATE: 12/20/2016
REGULAR
ITEM #: 29
AGENDA ITEM: Noise Ordinance Amendment
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The Planning Commission held a public hearing and made recommendation on an amendment to the
City’s Noise Ordinance in April of 2016. The amendment was requested by the City Engineer, who
suggested that extending working hours similarly to other cities may allow for more competitive pricing
on City projects and allow more timely completion of projects to minimize disruption to Lake Elmo
properties. The recommended amendment amended the following in the City’s Noise Ordinance as it
pertains to construction activity:
• Further clarified construction activity that was prohibited.
• Added exemptions from the prohibition of construction activity, including snow removal activity,
parking lot maintenance or sweeping, and work on public infrastructure projects.
• Clarified that the City Administrator was able to grant certain exemptions for activity that is of
urgent necessity and in the interest of public health and safety.
• Removed language that allowed a special permit to be granted for economic loss and replaced
with a provision that allows the City Administrator to grant permission to allow construction
during outlined times. There was also a change that restricts construction occurring during
specially-allowed hours to at least 1000 feet away from any dwelling (previously 600 feet).
Staff tabled the issue and did not bring the ordinance amendment to Council in order to give the
amendment a more in-depth review and gain more input from the City Attorney. The Builders
Association of the Twin Cities also weighed in on the proposed amendment, expressing concern about
arbitrarily restricting private construction projects and exempting public projects; there being lack of
evidence of a problem; and noise thresholds. Staff would like to bring forth a further look at the ordinance
for the following reasons:
• The City Administrator is often asked for permission to allow construction on Saturdays 8:00am
or 9:00 am to 3:30pm or extended hours until 7:00pm on weekdays. These requests are almost
always granted, and so Staff feels that this standard should be given another thought. Only one
complaint has been received by Staff from an Oakdale resident by granting permission for these
extended hours. Additionally, amending the ordinance will save Staff time by not having to write
approval letters each time a request is made.
City Council Meeting 12/20/2016 Consent/Regular Agenda Item #29
Page 2
• To add clarification to the Construction subdivision of the Noise Ordinance, taking in to
consideration feedback received from the City Engineer, Planning Commission and Builders
Association of the Twin Cities.
ISSUE BEFORE COUNCIL:
Staff respectfully requests the Council to consider the proposed Noise Ordinance amendment.
PROPOSAL DETAILS/ANALYSIS:
The revised, proposed ordinance amends the following:
• The table in Section 130.46: Measurement of Noise is repealed and replaced with standards set forth
by Minn. Administrative Rules Ch. 7030. These standards are below*, **:
Noise Area Classification Daytime Nighttime
L 50 L 10 L 50 L 10
1 (Residential housing, religious activities, camping and picknicking areas,
health services, hotels, educational services.) 60 65 50 55
2 (Retail, business and government services, recreational
activities, transit passenger terminals.) 65 70 65 70
3 (Manufacturing, fairgrounds and amusement parks, agricultural and forestry
activities.) 75 80 75 80
Nighttime is defined as the hours between 10:00 p.m. and 7:00 a.m. and Daytime is defined as the
hours between 7:00 a.m. and 10:00 p.m. The “L” measurements in the table signify the time
during a one-hour period of monitoring that decibel level can occur; L10=10% of that time (6
minutes) and L50=50% of that time (30 minutes).
* There is a land use classification 4: Undeveloped and unused land, water areas, under
construction. These land use activities are not regulated in the table above.
** Noise Emission Reference Levels and Usage Factors is attached, giving examples of noise
producers at various decibel levels.
• Saturday construction 9:00 a.m. – 3:30 p.m. is allowed.
o This allows time for residents to comfortably sleep in and be quiet in time for dinner on
Saturdays.
o The City Administrator has communicated that requests for this are almost always
granted (from 8:00 a.m. or 9:00 a.m. to 3:30 p.m.), so this provision eliminates the time
the Administrator must review and approve these requests.
o 9:00 a.m. to 3:30 p.m. is still as or more restrictive than other cities.
City Council Meeting 12/20/2016 Consent/Regular Agenda Item #29
Page 3
o This would help allow for more competitive pricing on City projects and allow more
timely completion of projects to minimize disruption to Lake Elmo properties. It does not
limit these extended hours to City projects so as to not be viewed as arbitrary.
•Construction hours are extended from 6:00 p.m. to 7:00 p.m.
•The ordinance still allows the City Administrator to grant written permission for construction
activity to occur when he/she finds that the activity is of urgent necessity and in the interest of
public health and safety. This is seems to be a common standard in other City ordinances.
•The ordinance no longer states that permission may be granted for construction during specific
extended hours. It does still allow construction noise of up to 95 decibels to take place during any
hour of any day if the construction takes place no less than 1200 feet from any dwelling. Noise of
this decibel level will dissipate to ambient levels at 1200 feet from the noise source.
FISCAL IMPACT:
Allowing extended working hours may allow for more competitive pricing on City projects and allow more
timely completion of projects to minimize disruption to Lake Elmo properties.
OPTIONS:
The Council may:
•Approve the ordinance amendment as presented.
•Amend the ordinance amendment and approve as amended.
•Deny the ordinance amendment.
RECOMMENDATION:
Staff recommends that the Council approve the ordinance amendment as presented.
“Move to approve Ordinance 08-___ amending Chapter 130: Noise Control.”
If approved, the Council may adopt Resolution 2016- , approving summary publication of Ord. 08-.
“Move to adopt Resolution 2016- , approving summary publication of Ord. 08- “
ATTACHMENTS:
•Ord 08- amending Chapter 130: Noise Control
•Resolution 2016- Summary Publication of Ord 08-
•Ord 08- amendment to Chapter 130: Noise Control, as recommended by the Planning
Commission
•Other Cities Noise Ordinance Comparison Table
•Summary of Construction Noise Approval Letters
•Noise Level Chart
•Estimating Sound Levels Diagram
Letter from BATC•
491906v1 SJS LA515-4
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title VIII,
Chapter 130: General Offenses; Noise Control, Sections 130.45 – 130.48 of the
Lake Elmo Code of Ordinances to read as follows:
NOISE CONTROL
§ 130.45 NOISE PROHIBITED.
It shall be unlawful to make, continue, or cause to be made or continued, any noise
in excess of the noise levels set forth unless noise is reasonably necessary to preserve
life, health, safety, or property.
(1997 Code, § 1370.01) Penalty, see § 10.99
§ 130.46 MEASUREMENT OF NOISE.
(A) Any activity not expressly exempted by this section which creates or produces
sound regardless of frequency exceeding the ambient noise levels of the property line
of any property (or if a condominium or apartment house within any adjoining
apartment) by more than 6 decibels above the ambient noise levels as designated in
the following table at the time and place and for the duration then mentioned, is a
violation of this section, but any enumeration in this section is not exclusive. by
Minnesota Rule Part 7030.0040, Noise Standards.
Duration of Sound 7:00 a.m. to 6:00
p.m. (All Districts)
6:00 p.m. to 7:00 a.m. Residential
District and 6:00 p.m. to 7:00 a.m. (All Other
Districts)
10:00 p.m. to 7:00 a.m.
(Residential Districts)
Less than 10
minutes 75 db 70 db 60 db
Between 10
minutes and 2
hours
70 db 60 db 50 db
In excess of 2
hours 60 db 50 db 40 db
(B) In determining whether a particular sound exceeds the maximum permissible
sound level in the above table:
491906v1 SJS LA515-4
(1) Sounds in excess of the residential district limitations as measured in a
residential district or other districts; and/or
(2) During all hours of Sunday and state and federal holidays, the maximum
allowable decibel levels for residential districts are as set forth in the table in division
(A) above.
(1997 Code, § 1370.02) Penalty, see § 10.99
§ 130.47 CONSTRUCTION EQUIPMENT.
(A) Purpose. The City understands that exceeding decibels above the ambient
noise levels is necessary from time to time in order to use heavy equipment to perform
construction activities and make necessary improvements within the City. The following
sets forth specific times during which such heavy equipment that exceeds the ambient
noise level may be used.
(B) Definitions. For purposes of this Section, the following definitions shall
apply:
HEAVY EQUIPMENT. Compactors/rollers, cranes, bulldozers, dump trucks,
excavators, forklifts, graders, jackhammers, loaders, pavement breakers, pile drivers,
portable crushers, tractors, trenchers, or other pieces of equipment that generate
similar levels of noise.
OPERATED. Engine start-up or warm-up, delivery and loading/unloading of
equipment/supplies or any activity involving heavy equipment that exceeds ambient
noise levels.
(A) (C) Except as stated, no pile driver, jackhammer, or other construction
equipment shall be operated between the hours of 6:00 p.m. to 7:00 a.m. on weekdays
and during any hours on Saturdays, Sundays, and state and federal holidays. Heavy
equipment may be operated in excess of ambient noise levels between the hours of
7:00 a.m. to 7:00 p.m. on weekdays and on Saturdays from 9:00 a.m. to 3:30 p.m. No
heavy equipment exceeding ambient noise levels shall be operated on Sundays or state
and federal holidays. No heavy equipment shall be operated at any time under any
circumstances if the sound noise level from the operation exceeds 100 decibels
measured along any property line. However, if the decibel maximum sound limit is
reduced to 95 decibels effective the second anniversary of the enactment of this code,
and 90 decibels effective the fourth anniversary; and the operation of the equipment
conforms to the maximum allowable sound levels as stated in this section; it may be
operated during the above prohibited hours and days. When any of the above named
equipment is used for any purpose other than construction, the ambient noise levels
apply.
(B) No internal combustion engine or any other power unit when operated in
connection with construction or demolition equipment shall be operated at any time
other than at the times as set forth in this section and any sound emitted from any
engine or power unit shall not exceed 83 decibels measured along the property line.
491906v1 SJS LA515-4
(C)(D) If an emergency situation exists or if substantial economic loss would result
to any person unless allowed additional hours of equipment operation, a special permit
may be granted for extended hours of operation of the construction equipment and
internal combustion engine or power unit as follows. In the event of an emergency
situation, a permit Heavy equipment may be operated in excess of the ambient noise levels
during times not allowed by paragraph (C) of this Section if it is found by the City Administrator
that the activity is of urgent necessity and is in the interest of the public health, safety or
welfare. The City Administrator must grant written permission. Permission by the City
Administrator may be granted for the operation of heavy equipment in excess of the ambient
noise levels during any hour of any day for a period not to exceed 3 days or less while the
emergency continues. This permit Written permission may be renewed by the City
Administrator for periods of 3 days or less while if the emergency continues.
(E) (2) In the event of a determination of substantial economic loss to a person, a
special permit may be granted for the operation throughout the hours of 7:00 a.m. to
9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on
Saturdays, Sundays, and state and federal holidays upon the condition that while any
construction equipment, internal combustion engine, or power unit is in operation, its
location shall not be less than 600 feet in any direction from any dwellings, except that
if while any construction equipment, internal combustion, or power unit is in operation,
its location shall be no less than Activities involving operation of heavy equipment
producing a noise level of up to 95 decibels that takes place no less than 1,200 feet in
any direction from any dwelling, a permit may be allowed, by written permission
granted by the City Administrator, for operation during any hour of any day. Ambient
noise levels must be maintained at all property lines.
§ 130.48 OUTDOOR IMPLEMENT.
(A) Except as stated, any power lawn mower, snowblower, power hedge clipper,
power saw, or other implement, designed primarily for outdoor use, shall be operated
only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours
of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays, and state and federal holidays.
(B) However, if the equipment operation conforms to the maximum allowable sound
ambient noise levels as stated, it may be operated during the above prohibited hours.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-__ was adopted on this __ day of _____,
2016, by a vote of __ Ayes and __ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
491906v1 SJS LA515-4
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-__ was published on the ____ day of
___________________, 2016.
Resolution 2016-0 Page 1 of 2
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2016-__
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-___ BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-___,
an ordinance to amend the City’s Noise Ordinance; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-___ to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, which amends
Chapter 130: General Offenses; Section 47: Construction Equipment. The revised ordinance
amends the standards as follows:
• Adopts Noise Area Classification Table set forth in Minn. Administrative Rules Ch.
7030.
• Allows the operation of heavy equipment for the purpose of construction on Saturdays
from 9:00am – 3:30pm and weekdays from 7:00am to 7:00pm (not including state and
federal holidays).
• A special permit may no longer be granted in the event of a determination of substantial
economic loss.
The full text of Ordinance No. 08-___ is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: December 20, 2016
Resolution 2016-0 Page 2 of 2
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
**Ordinance amendment as recommended by the Planning Commission. Not Staff-recommended ordinance amendment**
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 130: General
Offenses; Section 47: Construction Equipment of the Lake Elmo Code of Ordinances to read
the following:
(A) Except as stated, no pile driver, jackhammer, or other similar
construction equipment activity including but not limited to: operation, servicing and
engine start-up/warm-up of heavy construction equipment; loading or unloading of heavy
equipment; shall be operated allowed between the hours of 6 7 6:00 p.m. to 7:00 a.m. on
weekdays, and during any hours on Saturdays, Sundays, and state and federal holidays. No
equipment shall be operated at any time if the sound level from the operation exceeds 100
decibels measured along any property line. However, if the decibel maximum sound limit is
reduced to 95 decibels effective the second anniversary of the enactment of this code, and 90
decibels effective the fourth anniversary; and the operation of the equipment conforms to the
maximum allowable sound levels as stated in this section; it may be operated during the above
prohibited hours and days. When any of the above named equipment is used for any purpose other
than construction, the ambient noise levels apply.
(B) No internal combustion engine or any other power unit when operated in connection with
construction or demolition equipment shall be operated at any time other than at the times as
set forth in this section, and any sound emitted from any engine or power unit shall not exceed
83 decibels measured along the property line. Unnecessary idling of internal combustion engines is
prohibited. All construction equipment powered by internal combustion engines shall be properly
muffled and maintained.
(C) If an emergency situation exists or if substantial economic loss would result to any person
unless allowed additional hours of equipment operation, a special permit may be granted for
extended hours of operation of the construction equipment and internal combustion engine or power
unit as follows. Exemption. The following activities are specifically exempted from the prohibitions
under this section.
(1) In the event of an emergency situation, a permit Activities granted an exemption by
written permission of the City Administrator for which the City Administrator finds that the activity is
of urgent necessity and in the interest of public health and safety. The exemption may be granted
for the operation during any hour of any day for a period not to exceed 3 days or less while the
emergency continues. This permit written permission may be renewed for periods of 3 days or less
while the emergency continues.
(2) In the event of a determination of substantial economic loss to a person, a special permit
may be granted for the operation The City Administrator may grant a special permit allowing
construction throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours
of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays upon the condition
that while any construction equipment, internal combustion engine, or power unit is in operation, its
location shall not be less than 600 1000 feet in any direction from any dwellings. Any person seeking
such permission shall file an application with the City that states the proposed dates during which
construction will be allowed at such hours, the location of the noise source, reason for requested
exception, and steps that will be taken to minimize the noise level. The City shall give ten (10) days
mailed notice to property owners within 1000 feet of the noise source. Any person claiming to be
adversely affected by the exemption may file a statement with the City within ten (10) days of the
date the notice is postmarked. Such fees for this permit shall be set by Council. If the City
Administrator finds that sufficient controversy exists regarding the proposed exemption, or if the
applicant would like to appeal the denial of such a permit, the City Administrator may hold a public
hearing on the proposal at which all person affected shall be given the opportunity to be heard. The
City Council shall also hold such a hearing upon request of the applicant or any person claiming to be
adversely affected by the exemption applied for. Within thirty (30) days of receipt of the
application, the City Council shall approve or deny the application. It may be approved only if the
City Council finds that full compliance with the requirements of this Chapter would constitute an
unreasonable hardship on the applicant, on other persons or on the community. In determining
whether to grant or deny the application, the City Council shall balance the hardship to the applicant
against the adverse impact on the health, safety and welfare of the persons affected, the adverse
impact on property affected and any other adverse effects of granting the variance. The exemption
may be granted subject to conditions, including a time limit, which shall be clearly stated. except
that if while any construction equipment, internal combustion, or power unit is in operation, its
location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be granted
for operation during any hour of any day.
(3) Snow removal activities.
(4) Parking lot maintenance or sweeping activity which shall adhere to restrictions set forth in
the table of 130.46 (A).
(5) Work on public infrastructure projects that are carried out by federal, state, county, or city
authorities, or their contractors or sub-contractors that is being performed to preserve the public
health, safety or welfare including but not limited to clearing, grubbing, grading, streets, sidewalks,
trails, bridges, water systems, storm and sanitary sewer systems, storm water management, which may
be performed between the hours of 7:00 a.m. to 7:00 pm on weekdays, and 9:00 a.m. to 5:00 p.m.
Saturdays.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-__ was adopted on this __ day of May,
2016, by a vote of __ Ayes and __ Nays.
LAKE ELMO CITY COUNCIL
_______________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
This Ordinance 08-__ was published on the ____ day of ___________________, 2016.
Table Outlining Comparison of Lake Elmo’s Noise Ordinance to Other Cities
City
Allowable
Construction
Hours
Allows
Construction on
Saturday
Allows
Construction on
Sunday
Allows
Construction on
Federal Holidays
Allows Exceptions Maximum
Allowable
Decibels
Number of
Days for
Permit
Code
Admin-
istrator
Lake Elmo 7:00 a.m. –
6:00 p.m.
No No No - Emergency situation: permit
can be granted for operation any
hour of any day.
- Determination of economic
loss: Permit can be granted for
operation 7:00 a.m. – 9:30 p.m.
on weekdays and 1:00 p.m. –
5:00 on Saturdays, Sundays, and
holidays.
100
decibels
3 days, can
be renewed
for periods
of 3 days
while
emergency
continues.
Doesn’t
specify.
Oakdale 7:00 a.m. –
7:00 p.m.
9 a.m. – 5
p.m.
No No - Emergency work: exclusively
to preserve public health, safety
or welfare, or in the performance
to restore public service or
eliminate a public hazard are
exempt and shall inform the City
Administrator as soon as
possible.
MPCA
standards
for
receiving
land use
category.
Does not
specify.
City
Admin-
istrator
Rochester 7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
12:00 p.m. –
10:00 p.m.
Doesn’t
specify or
prohibit.
- Cases of urgent necessity in the
interest of public health and
safety: a permit may be obtained
to allow work during prohibited
hours.
- If it is determined that the
public health and safety is not
impaired or that no loss or
inconvenience would result to
any party in interest.
Doesn’t
specify.
3 days, can
be renewed
for periods
of 3 days
while
emergency
continues.
Police
Officer
Eagan 7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
- Public work construction and
maintenance by federal, state,
county or city authorities or their
contractors and sub-contractors.
- Emergency public works
repair/construction.
Doesn’t
specify.
Doesn’t
specify.
City
engineer
can
make
excep-
tions for
public
work.
Cottage
Grove
7:00 a.m. –
7:00 p.m.
9:00 a.m. –
7:00 p.m.
No No - Residents may conduct
construction on own property
weekdays 7:00 a.m. – 10:00
p.m. and weekends and holidays
8:00 a.m. – 9:00 p.m.
Doesn’t
specify.
N/A Doesn’t
specify.
Blaine 7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
7:00 a.m. –
10:00 p.m.
- Performance of city or state
authorized, sponsored, or
licensed work to preserve the
public health, safety or welfare.
- Work necessary to restore
public service or eliminate a
public hazard.
- Activities duly authorized,
sponsored or licensed by the city
pursuant to conditions of an
authorizing license, permit, or
contract.
Doesn’t
specify.
Doesn’t
specify.
Police
Officer
Development Permission Granted Conditions Time Period
Savona
Saturdays - 8am -
3:30pm
Construction must be more than
600 ft away from existing
residences
Village East
Trunk Sewer
Saturdays - 8am -
3:30pm
Construction must be more than
600 ft away from existing
residences
2015 construction
season
Pankalo
Saturdays - 7am -
4pm & M-F 7am -
7pm
Limited to availability of City's
construction observer if applicable
(48 hr advance notice required).
2016 construction
season
Old Village -
Phase 2 M-F 7am - 8pm
Inwood 3rd
Some Saturdays
9am - 3:30pm
Construction must be more than
600 ft away from existing
residences and limited to
availability of City's construction
observer if applicable (48 hr
advance notice required).
2016 construction
season
Hammes
Saturdays 9am -
3:30pm
Construction must be more than
600 ft away from existing dwellings
and limited to availability of City's
construction observer if applicable
(48 hr advance notice required).
2016 construction
season
Boulder Ponds
Saturdays 9am -
3:30pm
Construction must be more than
600 ft away from existing dwellings
and limited to availability of City's
construction observer if applicable
(48 hr advance notice required).
2015 construction
season
Wildflower
Saturdays 8am -
3:30pm
Construction must be more than
600 ft away from existing dwellings
and limited to availability of City's
construction observer if applicable
(48 hr advance notice required).
2015 construction
season
Reason
Deadlines
Rain events, deadlines
Economic impact to
the City and area
businesses and public
safety
Backfilling trench,
weather delays
Weather delays
Late season to start
construction
Noise Level Chart
A noise level chart showing examples of sounds with dB levels ranging from 0 to 180 decibels.
dBA Example Home & Yard Appliances Workshop & Construction
0 healthy hearing threshold
10 a pin dropping
20 rustling leaves
30 whisper
40 babbling brook computer
50 light traffic refrigerator
60 conversational speech air conditioner
70 shower dishwasher
75 toilet flushing vacuum cleaner
80 alarm clock garbage disposal
85 passing diesel truck snow blower
90 squeeze toy lawn mower arc welder
95 inside subway car food processor belt sander
100 motorcycle (riding) handheld drill
105 sporting event table saw
110 rock band jackhammer
115 emergency vehicle siren riveter
120 thunderclap oxygen torch
125 balloon popping
130 peak stadium crowd noise
135 air raid siren
140 jet engine at takeoff
145 firecracker
150 fighter jet launch
155 cap gun
160 shotgun
165 .357 magnum revolver
170 safety airbag
175 howitzer cannon
180 rocket launch
...
http://hyperphysics.phy-astr.gsu.edu/hbase/acoustic/isprob2.html
April 29, 2016
City of Lake Elmo Via Electronic Mail
Attn: Mayor Mike Pearson
3800 Laverne Ave N
Lake Elmo, Minnesota 55042-9629
Re: City Noise Ordinance Relating to Construction Activity
Dear Mayor Pearson:
The Builders Association of the Twin Cities (“BATC”) recently reviewed the City of Lake Elmo‘s (“City”)
proposed changes to its noise ordinance (“proposal”) relating to construction activity. We have
significant concerns with the proposal, which will adversely impact BATC members and their customers.
More specifically, based on our internal review and that of our legal counsel, we believe that the City’s
construction noise policies in the proposal are substantially out of compliance with established state and
local precedent.
BATC and its members want to be responsible participants in the development of quality housing
projects in the City; in this regard we expect to comply with reasonable rules and regulations that
balance the needs of current residents with the development processes creating hom es for the City’s
new residents.
We are writing to request that the City work with BATC and its members working in the City to review
and amend the proposal . Our goal in working with you directly is to address the areas of concern
regarding the proposal. We offer the following specific comment on the proposal:
The Proposal Arbitrarily Restricts Private Construction Projects and Exempts Public Projects. Th e City
cannot arbitrarily exempt itself and its contractors from the same restrictions placed on private
contractors based on a contention of "public benefit". This is patently discriminatory and completely
arbitrary.
Evidence of a Problem: The City cannot arbitrarily enact an ordinance to restrict the use of private
property unless it has confirmed the existence of a problem and drafted an ordinance targeted at
correcting the problem. Random neighborhood complaints do not constitute such evidence.
Any attempt to restrict normal construction activity must be grounded in the protection of legitimate
health, safety and welfare objectives. Arbitrarily restricting construction activity without being able to
tie it to an appropriate use of police power to accomplish a proper purpose is unlawful.
Noise Thresholds. The existing ordinance purports to restrict a limited category of noise-emitting
equipment (piledrivers and jackhammers or similar high-impact equipment) after 6pm and on
weekends/holidays; this must be narrowly read based on the examples provided. Consequently, this
restriction does not restrict routine construction activity unless otherwise restricted in the building
permit or development approvals.
The existing ordinance also allows a general exemption for equipment that does not generate offsite
noise impacts based on the specified decibel thresholds. Even if the category of equipment is broadly
construed, if we demonstrate compliance with general noise standards, builders are entitled to engage
in routine construction activity.
The members of BATC consider the City’s construction noise policies to be a matter of significant
concern; we hope that by working together on this important policy issue we can improve on the
development opportunities in the City for all residential developers and, in turn, provide the City with
high-quality housing choices for your residents.
BATC urges the Ci ty to engage BATC and its members working in the City to discuss how best to proceed
to respond to BATC’s concerns. I look forward to speaking with you about this matter.
Sincerely,
James A. Vagle
Director of Advocacy
Cc:
Council Member Justin Bloyer
Council Member Julie Fliflet
Council Member Jill Lundgren
Council Member Anne Smith
Kristina Handt, City Administrator
Peter Coyle, Larkin Hoffman
David Siegel, BATC