HomeMy WebLinkAbout07-19-22 Public Comment - Nena Bozeman - Please revise the construction noise ordinanceFrom:Nena Bozeman
To:Agenda
Subject:Please Revise the Construction Noise Ordinance
Date:Tuesday, July 19, 2022 10:54:58 AM
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Honorable Mayor, Deputy Mayor, Distinguished Commissioners, and City Managers,
73% of NENA Residents that participated in a January of 2022 Survey support and
endorse a revised Construction Noise
Ordinance. https://www.nenabozeman.org/objectives/nena-survey
Bozeman's Northeast Neighborhood (NENA) is requesting a revised
construction noise ordinance authorizing construction noise between the
hours of 7:00 a.m. and 8:00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. onweekends throughout the calendar year.
The Current Oridnance: Bozeman, Montana - Code of Ordinances / Chapter 16 -
Environment and Health / ARTICLE 6. - NOISE / [5]Sec. 16.06.070. - Exceptions.
A. Subject to sections 16.06.050 and 16.06.060.A., the following activities will be
authorized as follows:
Construction projects. Operating equipment or performing any construction or repair
work as defined in section 16.06.060 will be authorized between the hours of 6:00
a.m. and 8:00 p.m. from October 1 through March 30 and between 6:00 a.m. and
10:00 p.m. from April 1 through September 30. The director of public service may
authorize temporary relief from this section upon application and a showing of
extraordinary need for the use of this equipment beyond or outside these hours. Such
authorization will clearly set forth the dates and hours of the authorized use as well as
any special conditions needed to mitigate potential negative noise impacts.
Recognizing the city’s staffing shortages and difficulty with enforcement, it is felt
adding decibel monitoring to the ordinance is not necessary or possible at this time.
Recent changes in the size and scope of construction projects are impacting citizens’
lives for unusually long periods of time.
Current noise ordinance hours are outdated compared to other cities in our state andregion (with similar weather constraints and housing shortages) and strongly cater to
developers over citizens.
Other cities in Montana including Helena, Billings, and Missoula have updated their
Construction Noise Ordinances to something similar to what NENA is requesting.
Denver's Construction Noise Ordinance allows construction between 7 a.m. and 9
p.m. on weekdays and 8 a.m. to 5 p.m. on weekends.
The city commission was requested to consider a change to the noise ordinance at
their March 23, 2021 meeting by a concerned citizen in the NE neighborhood. While
there was some forward movement to consider the ordinance change over the
ensuing months, a decision to table this consideration was made.
Our good neighbors should not have to wait until 'early 2023' for the city to consider thisissue, again, as Assistant City Manager Chuck Winn suggests. "We believe a compromise canbe struck between competing interests but a robust public engagement process and thedevelopment and enforcement of new regulations takes time and resources. Resignations andvacancies in the City departments doing this work and other priorities have impacted ourability to meaningfully engage the public and impacted industries to draft an enforceableordinance in the timeframe we had hoped. Our desire is to pick up this effort later this fall andhave a well thought out and enforceable ordinance presented to the City Commission to be ineffect in early 2023."
City of Bozeman long-term residents feel like developers' interests are being prioritized overtheir interests and their quality of life.
Is the city enforcing the current Construction Noise Ordinance?
What is the penalty for not adhering to the ordinance?
Has anyone or have any developers been penalized in the last year?
Right now construction is starting as early as 4:45 AM and often construction can be heardpast 9:00 PM.
We hope that you will add the consideration of a revised Construction Noise
Ordinance to a Commission Meeting Agenda in the near future.
We hope that the city's long-term resident's quality of life can be more of a priority for
our City Commission and City Managers.
Thank you,
Reno WalshNENA President
724 N. Bozeman Ave.
406-580-5919