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HomeMy WebLinkAbout#08 Noise Ordinance STAFF REPORT DATE: 5/2/2017 REGULAR ITEM #: 8 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Noise Control Ordinance REVIEWED BY: Stephen Wensman, Planning Director Kristina Handt, City Administrator Councilmember Bloyer BACKGROUND: Reason for Ordinance Amendment. Staff had previously proposed to the Council an amendment to the City’s Noise Control Ordinance on December 20, 2016. This ordinance amendment was requested for the following reasons: • To Allow for Competitive Pricing and Timely Completion of City Projects. The City Engineer 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. • Multiple Permits Issued. 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. Feedback Received on Previously Proposed Ordinance Amendment. Prior to bringing the Noise Control Ordinance amendment to Council, a public hearing was held at a Planning Commission meeting. The following comments arose from this public hearing: • From the Planning Commission. The Planning Commission was only comfortable with the following revisions to the City’s current ordinance: o Some Extended Hours. Extending the hours of construction operation from 6pm to 7pm on weekdays. o Exemptions from Prohibition of Construction Activity. Adding exemptions from the prohibition of construction activity, including snow removal activity, parking lot maintenance or sweeping, and work on public infrastructure projects. o Clarifying that the City Administrator is able to grant certain exemptions for activity that is of urgent necessity and in the interest of public health and safety. o Removing language that allows a special permit to be granted for economic loss and replacing this 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). • From the Builders Association of the Twin Cities (BATC). BATC provided feedback on the ordinance after the public hearing was held on the ordinance amendment, expressing concern about arbitrarily restricting private construction projects and exempting public projects; there being lack of evidence of a problem; and noise thresholds. City Council Decision on Proposed Noise Ordinance. The Council did not ultimately approve the proposed Noise Control Ordinance Amendment. The ordinance amendment was not approved by a vote of 2-2-1. Amendment Still Needed. Council discussed the noise ordinance at their March work session. Feedback after the meeting indicated that an amendment to the ordinance is still needed, as the ordinance is rather strict and only exempts construction activity and outdoor implements. ISSUE BEFORE COUNCIL: What changes should be made to the City’s Noise Control Ordinance? PROPOSAL DETAILS/ANALYSIS: Staff has provided the Council with the City’s Noise Control Ordinance along with other City Noise Ordinance examples. Staff has proposed the following amendments to the City’s Noise Ordinance: Measurement of Noise. Staff is proposing replacing the table in Section 130.46: Measurement of Noise with the following table, which outlines standards set forth by Minn. Administrative Rules Ch. 7030 *, **. Noise Area Classification Daytime Nighttime L50 L10 L50 L10 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. Analysis. These standards are set forth by Minn. Administrative Rules. These standards are not much different than the standards that are currently within the ordinance, but replacing the current standards with these standards will obtain consistency with Minn. Administrative Rules. Construction Equipment. The current City Noise Control Ordinance exempts certain construction activity from the noise level standards outlined in the table of Section 130.46. • Limited Hours. This exempted construction activity is limited to weekday hours of 7:00am to 6:00pm. o Proposed Amendment. Other cities generally allow much more extended hours of construction activity during the weekdays (all other cities researched allow construction activity to take place from 7:00am to 7:00pm, 9:00pm or 10:00pm). Extending these hours from 7:00am to 7:00pm would allow a 12 hour workday for construction activity, which Staff finds reasonable. Additionally, many cities allow Saturday construction, whereas the City of Lake Elmo does not. Staff proposes that the City allow construction activity on Saturdays from the hours of 8:00am to 6:00pm. Many cities allow much more extended hours on Saturdays than this (6:00am, 7:00am, 8:00am, or 9:00am to 5:00pm, 6:00pm, 7:00pm, 9:00pm, or 10:00pm). Staff believes this is reasonable and will allow projects to be completed in a timelier manner, thus shortening the amount of time a project creates construction noise. • Emergency Situation. The current ordinance allows special permits to be granted in the event of an emergency situation. Such permits may be granted during any hour of any day, not to exceed 3 days, and may be renewed while the emergency continues. o Analysis. Emergency situation is not defined, nor does the ordinance outline who determines what is considered an emergency situation. This was amended to allow exemptions for activities which are of urgent necessity and in the interest of public health and safety to be granted written permission from the City Administrator to take place. • Substantial Economic Loss. Currently, the ordinance allows a special permit to be granted for the operation of equipment which extends the allowed construction hours to 9:30pm on weekdays and permits construction on weekends from 1:00pm to 5:00pm, provided the construction equipment is operated 600 feet or more from any dwellings. Any hour of any day is allowed for construction equipment operated 1200 feet or more from any dwellings. o Analysis. Substantial economic loss is not defined, nor should it be a valid reason for granting such a permit. The proposed amendment removes this provision and allows construction activity taking place at least 1200 feet away from any dwelling provided it does not exceed 95 decibels. Sounds of this decibel level are expected to dissipate after a distance of 1200 feet. The amendment also includes the provision that ambient noise levels must be maintained at the property line. Outdoor Implements. Implements designed for outdoor use (power lawn mower, snowblower, power hedge clipper, power saw, etc), if exceeding maximum allowable sound levels, can be operated between the hours of 7:30am to 9:00pm on weekdays and 9:00am to 9:30pm every other day. If such implements do not exceed maximum allowable sound levels, they may be operated at any time. • Analysis. Outdoor implements, like construction equipment, will almost certainly exceed the maximum allowable sound levels. This exemption should be listed in this ordinance. Staff received the request that such implements be allowed to be operated at any time. Staff has amended the ordinance to reflect this. Other Exemption Added – Special Event. It was clarified in the proposed amendment that special events issued a special event permit may exceed the maximum decibel levels. This was done in case the Noise Ordinance was referenced when a special event exceeds these levels. In these instances, the City Council would review the special event permit application and make a decision about modifying the noise requirements. 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. Additionally, it will reduce Staff time drafting exemption letters for construction to take place during extended hours. RECOMMENDATION: Staff recommends that Council adopt Ord. 08-174 approving amendments to the City’s Noise Ordinance. “Move to adopt Ord. 08-174 approving amendments to the City’s Noise Control Ordinance.” Additionally, Staff recommends that the Council adopt Resolution 2017-039 authorizing summary publication of Ord. 08-174. “Move to adopt Resolution 2017-039 authorizing summary publication of Ord. 08-174.” ATTACHMENTS: • Ord. 08-174 (redlined version) • Ord. 08-174 (non-redlined version) • Summary Publication Resolution 2017-039 • Comparison table CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-174 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: 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 Minn. Rules Ch. 7030. 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: Commented [EB1]: Does not include the table set forth in Admin. Rules but rather refers to them. If these rules are updated from time to time, an ordinance amendment will not be necessary. (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. Purpose. The City understands that exceeding decibels above the ambient noise level is necessary from time to time in order to perform construction and make necessary improvements within the City. The following exemptions from ambient noise level soutlines specific times during which such activity may take place. Definitions, for the Purpose of this Section. “Heavy equipment” shall mean compactors/rollers, cranes, dozers, 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” shall include engine start-up or warm-up, or any activity involving heavy equipment that exceeds ambient noise levels. (A) 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 operated the purpose of construction exceeding ambient noise levels may be operated between the hours of 7:00 a.m. to 7:00 p.m. on weekdays and on Saturdays from 8:00 a.m. to 6:00 p.m. No heavy equipment exceeding ambient noise levels at the property line may be operated on Sundays or 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. (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. In the event of an emergency situation, a permit An exemption for activities which the City Administrator find are of urgent necessity and in the interest of public health and safety may be granted by written Commented [EB2]: No longer relevant since above table has been removed. Should refer to Minn. Admin. Rules Commented [EB3]: Clarifies that construction activity may exceed noise levels set forth by Minn. Admin. Rules. Commented [EB4]: Adds definitions for clarification. Commented [EB5]: Amends the time construction activity is allowed from only 7am-6pm on weekdays to 7am-7pm on weekdays and 8am-6pm on Saturdays. Commented [EB6]: This sentence is confusing and outdated, as the previous ordinance was adopted in 1997, and so these rules no longer apply. If the Council wishes to decrease the maximum decibels allowed to measure along the property line, it may amend the number from 100 to a different number. For reference, this is the sound of a handheld drill being operated. Commented [EB7]: This sentence is redundant. It already says above that no equipment shall be operated at any time if the sound level from operation exceeds 100 decibels measured along any property line. Commented [EB8]: This Section does not define what an emergency situation is or what substantial economic loss is. It would be more clear to define that the City Administrator may determine if a situation is of urgent necessity and in the interest of public health and safety. permission 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. (D) (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 Construction activity involving operation of equipment producing a sound 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, through written permission granted by the City Administrator, for operation during any hour of any day. Ambient noise levels must be maintained at the property line. § 130.48 OUTDOOR IMPLEMENT. (A) Except as stated, a Outdoor implements designed primarily for outdoor use, including but not limited to any power lawn mower, snowblower, power hedge clipper, power saw may be operated at any time. , 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 conforms to the maximum allowable sound levels as stated, it may be operated during the above prohibited hours. § 130.49 SPECIAL EVENT (A) Activities which are issued a special event permit may exceed the maximum- allowed decibel level provided sound is not unreasonably loud or creates a nuisance or disturbance to the peace and tranquility of the citizens. 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 08-174 was adopted on this __ day of _____, 2017, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL Commented [EB9]: Substantial economic loss is difficult to determine and could be argued by many. Commented [EB10]: Noise at a level of 95 decibels is expected to dissipate after a distance of 1200 feet. Commented [EB11]: Clarifies that such activity needs written permission from the City Administrator in order to be approved. Commented [EB12]: It was requested that outdoor implements be allowed to be operated at any time. Commented [EB13]: This is language used from the Special Events Permit ordinance. It was added to specifically point out within the Noise Ordinance that special events may exceed maximum decibels in case the noise ordinance is referenced when a special event is exceeding the maximum decibel level. ______________________________ Mike Pearson, Mayor ATTEST: ______________________________ Julie Johnson, City Clerk This Ordinance 08-174 was published on the ____ day of ___________________, 2017. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-174 SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 130: General Offenses; Sections 130.45-130.48 of the Lake Elmo Code of Ordinances to read the following: 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 by Minn. Rules Ch. 7030. (1997 Code, § 1370.02) Penalty, see § 10.99 § 130.47 CONSTRUCTION EQUIPMENT. Purpose. The City understands that exceeding decibels above the ambient noise level is necessary from time to time in order to perform construction and make necessary improvements within the City. The following exemptions from ambient noise levels outlines specific times during which such activity may take place. Definitions, for the Purpose of this Section. “Heavy equipment” shall mean compactors/rollers, cranes, dozers, 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” shall include engine start-up or warm-up, or any activity involving heavy equipment that exceeds ambient noise levels. (A) Heavy equipment operated the purpose of construction exceeding ambient noise levels may be operated between the hours of 7:00 a.m. to 7:00 p.m. on weekdays and on Saturdays from 8:00 a.m. to 6:00 p.m. No heavy equipment exceeding ambient noise levels at the property line may be operated on Sundays or 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. (B) An exemption for activities which the City Administrator find are of urgent necessity and in the interest of public health and safety may be granted by written permission for the operation during any hour of any day for a period not to exceed 3 days or less while the emergency continues. Written permission may be renewed for periods of 3 days or less while the emergency continues. (C) Construction activity involving operation of equipment producing a sound level of up to 95 decibels that takes place no less than 1,200 feet in any direction from any dwelling may be allowed, through written permission granted by the City Administrator, for operation during any hour of any day. Ambient noise levels must be maintained at the property line. § 130.48 OUTDOOR IMPLEMENT. (A) Outdoor implements designed primarily for outdoor use, including but not limited to any power lawn mower, snowblower, power hedge clipper, power saw may be operated at any time. § 130.49 SPECIAL EVENT (A) Activities which are issued a special event permit may exceed the maximum- allowed decibel level provided sound is not unreasonably loud or creates a nuisance or disturbance to the peace and tranquility of the citizens. 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 08-174 was adopted on this __ day of _____, 2017, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-174 was published on the ____ day of ___________________, 2017. Resolution 2017-039 Page 1 of 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2017-039 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-174 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-174, 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. 08-174 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. 08-174, which amends Chapter 130: General Offenses, Sections 130.45-130.48: Noise Control. 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 8:00am – 6:00pm 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. • Exemptions may be granted to allow construction activity that is determined by the City Administrator to be of urgent necessity and in the interest of public health and safety. • Outdoor implements may be operated at any time. The full text of Ordinance No. 08-174 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 Resolution 2017-039 Page 2 of 2 copy of the ordinance be placed in a public location within the City. Dated: May 2, 2017 ___________________________________ 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.