HomeMy WebLinkAbout09-23-21 Public Comment - J. & P. Shrauger - Construction Noise OrdinanceFrom:Taylor Chambers on behalf of Martin Matsen
To:Agenda
Subject:FW: Construction noise ordinance draft, comments
Date:Thursday, September 23, 2021 12:37:46 PM
Attachments:210920 Construction Noise Ord_draft.pdf
From: Jason Shrauger <oldmillhomes@gmail.com>
Sent: Wednesday, September 22, 2021 9:54 PM
To: Martin Matsen <MMatsen@BOZEMAN.NET>
Subject: Construction noise ordinance draft, comments
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Hi Marty, Thanks for sharing the proposed draft of the changes to the construction noise ordinance. I fully understand the purpose of the draft language and support the need to minimize thesound levels from construction sites in general. That said, I also understand the needs ofconstruction sites and the inevitable noise that can come from them. The ordinance allows non-emergency signaling devices, Loading, unloading or openingcontainers, snow blowers, leaf blowers or similar devices, outdoor events, outdoor activitiesand public work to all “create noise” between the hours of 6am and 8pm during the winter and6am and 10pm during the summer. My biggest concern is the fact that this ordinance treatsconstruction sites differently than ALL of the other early morning or late evening noisecreating situations listed above. Construction operations are limited to the hours of 7am to 8pm “YEAR ROUND”. Althoughthese times are probably very realistic during the winter months, they are NOT during thesummer months. We have a very short construction window due to our Montana weather andmost job sites rely on the longer daylight hours to get their jobs done. By using the timesabove, you are effectively taking away 3 hours per day of “business time” any constructionsite is able to be open. Thats 15 hours a week or 60 hours a month that you are limitingconstruction sites as compared to other outdoor businesses. There are two ways to look at the issue. 1. Limit hours of operations to construction sites andeffectively extend the overall time a project takes to complete. Or; 2. Allow the hours as theycurrently exist and get the noise completed sooner. I would also like to add that a closer review of the 60db threshold should be made. A simplegoogle search shows that Restaurant conversation, AIR CONDITIONING UNITS (@100’),motorcycles on streets, hair dryers and dishwashers are all considered to be in the range of60db on average. Unless this ordinance is going to address the above sources of noise,between the same hours of “quiet time”, then I would argue that the City of Bozeman ismaking a concerted effort to single out one type of business over the other.
Is the city willing to take on the discussion of limiting other business types operating hoursdue to their noise? (Bars, restaurants, outdoor concerts, music on main, etc) Is the city willingto take on the discussion of the numerous air conditioning units in most every neighborhood intown and have homeowners shut them off during the proposed quiet time as well? Would thecity have been willing to not have the 4 hydronic heating units that ran 24hours a day, forweeks, on the new public safety center, not be used during the nighttime hours when they weremost critical to your concrete curing? Not likely. Yet this ordinance revision does limitconstruction related businesses? When we talk about hurdles to new construction in the city, affordable housing, the amount ofbuilding stock available to buyers (supply and demand), etc; this ordinance as written,becomes just another hurdle on the long list of items that makes this a difficult place to buildin. I could probably go on, but by now I assume you are understanding my perspective. As asmall business owner in the construction business, I can not support the proposed ordinance aswritten. Thanks for the opportunity to comment. I have copied several individuals on this email as wellin hopes you will receive a broader range of perspectives than just mine. Jason Old Mill Homes
Jason and Pam Shrauger
oldmillhomes@gmail.comwww.oldmillhomesmt.com
406-581-0015 Dear Construction Professionals, As requested by the City Manager and City Commission, staff drafted changes to the City’s “Noise
Ordinance” and will present these changes to the City Commission on October 26, 2021 for itsconsideration. I am writing you today to let you know about these proposed changes in advance andto offer you a chance to provide input.
City Code currently limits construction activities in most residential zone districts to the hours of6:00am to 10:00pm and uses a “reasonable person” standard to measure the noise level. In generalterms the proposed ordinance would implement a decibel standard and limit construction activitiesthat exceed 60 decibels to daytime hours, between 7:00am and 8:00pm. The actual language is
below. “Noise emanating from a construction operation occurring between the hours of 8:00 PM to7:00 AM is prohibited from exceeding 60dB(A) as measured at the property line of an
immediately adjacent property.” I have attached the proposed ordinance in .pdf format so that you can see the draft changes. Pleasebe aware that this a draft version and that the language is still subject to changes. The underlinedverbiage is the proposed new text and the strike-out text is current City Code that would no longer beapplicable. Input suggesting changes to the proposed ordinance should be sent directly to me prior to
October 1st at: mmatsen@bozeman.net. I appreciate your feedback even though I cannot guarantee
that your suggested changes will be included in the proposed ordinance.
Staff is planning to present this revised ordinance to the City Commission for discussion and a vote
on Tuesday, October 26th. As always you may send public comment expressing general support ordispleasure to City Commissioners at agenda@bozeman.net. Keep in mind that all comments will be
available for public view. Thank you for your time and consideration.
Best Regards – Marty