Title
Consider/Discuss/Act on an Ordinance Amending Section 70-120(b)(6) of the Code of Ordinances Relating to Specific Noise Disturbance Prohibition
Summary
COUNCIL GOAL: Operational Excellence
(2E: Continuously provide a high level of customer service to our citizens)
MEETING DATE: July 6, 2021
DEPARTMENT: Development Services / Engineering and Building Inspection
CONTACT: Gary Graham, P.E., Director of Engineering
Jason Smith, Interim Chief Building Official
RECOMMENDED CITY COUNCIL ACTION:
• Approval of Ordinance Amendment
ITEM SUMMARY:
• This amendment to the noise ordinance will allow the Director of Engineering or the Chief Building Official to make an exception to allow the placement of concrete between the hours of 9:00 pm and 6:00 am, if certain conditions are met.
• This amendment also eliminates the 4-hour duration of concrete placement requirement and the high heat index requirement, allowing development concrete work to proceed if impacts on others are limited.
BACKGROUND INFORMATION:
• Many contractors have requested the ability to place concrete during non-construction hours for different reasons. Some reasons include:
o The heat of the day will limit their ability to place concrete for a majority of Summer construction hours.
o Their location is away from noise-sensitive areas and would cause no impact on adjacent property.
o Excessive rain has limited their ability to complete projects in a timely manner, and they need additional construction hours.
• The current noise ordinance:
o Prohibits construction activities between the hours of 9:00 PM and 6:00 AM except as follows:
• Contractors may make the exception request to the inspector.
• The exception may be granted if the placement will take longer than four hours and the heat index is forecasted to be above 100 degrees by noon, or if, in the opinion of the Director of Engineering or Chief Building Official, denial of the request would cause adverse impact to public safety.
• Approval of this amendment will remove the 4-hour time and heat requirements and allow the Engineering or Building Inspection Departments to approve an exception if certain conditions are met through an application process.
o The conditions for approval from the Engineering Department include the following:
• The work is located within the public right-of-way or easement and the location of the concrete placement is outside a quiet zone.
• The quiet zone is defined as any territory adjacent to or within 500 feet of the nearest property line of (1) any residential district or (2) any real property on which a school, college, hospital, clinic, library or other noise sensitive facility is situated, or other noise sensitive area.
o The conditions for approval from the Building Inspections Department include the following:
• The work is on private property and is located outside a quiet zone as defined above.
o The contractor must request the “early morning/after-hours pour” 72 hours in advance so staff has time to review the request and assign an inspector to be present as necessary.
• Inquiries were made with Plano, Frisco, Melissa, and Prosper, and each city has a similar exception process to authorize after-hours/early work.
• PD will continue to be notified of exceptions granted.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A