A. It shall be unlawful to allow or cause site construction activities that result in construction noise in any of the following circumstances. For purposes of this section, distances shall be determined by measuring from all property lines of the construction site.
1. Between the hours of 7:00 p.m. and 6:00 a.m. on weekdays, between the hours of 7:00 p.m. and 7:00 a.m. on Saturdays, and between the hours of 7:00 p.m. and 9:00 a.m. on Sundays on any construction site located within 500 feet of any residential zone district.
2. Between the hours of 8:00 p.m. and 5:00 a.m. on any construction site located more than 500 feet from any residential zone district.
B. A contractor may apply to the building official for an extended work permit to perform site construction work earlier or later than allowed by paragraph A of this section by submitting an application in the form required by the building official at least ten business days prior to the requested start date for the extended work. At a minimum, the application shall include all of the following information:
1. The address or location where the site construction work is to be performed.
2. The proposed start and stop dates for the extended work hours.
3. The proposed extended work start and stop times.
4. The name of the contractor performing the work and a name and phone number for an on site contact person.
5. A site plan showing property lines and location of work to be performed during extended work hours.
6. A description of the circumstances that justify the issuance of the extended work permit. An extended work permit will not be issued if economic hardship is the primary justification given by the applicant. Relevant circumstances may include, but are not limited to, one or more of the following:
a. Weather or other environmental conditions that interfere with completing the necessary work during allowed construction hours;
b. Obstruction or interference with traffic is less objectionable at night than during the daytime, or traffic safety is improved with nighttime work;
c. Construction noise in the vicinity of the proposed work site is less objectionable at off hours than during the allowed hours because of different population levels or different neighboring activities; or
d. The proposed construction activities need to be executed in a continuous, uninterrupted manner to ensure satisfactory completion.
7. An explanation of any mitigation measures that contractor will take to reduce the impact of the off-hours construction work, such as but not limited to, noise or lighting mitigation efforts.
8. Additional information requested upon review.
9. A list of the addresses of all properties located within 500 feet of the construction site, including any properties for which only a portion of the property falls with the 500-foot radius.
10. A copy of a proposed written notification from the contractor to the property owners identified in subparagraph B(9) above regarding the extended work permit. The written notification shall include all of the information listed in subparagraphs 1 through 4 of this paragraph B. The notice shall also include the contact information for the appropriate town staff for property owners to contact if they have a noise complaint.
C. The building official will evaluate the application and may issue the extended work permit for site construction work if the building official finds the request to be reasonable in his or her sole discretion.
D. The permit holder shall provide the written notification described in paragraph B(10) above to all properties located within 500 feet of the construction site, including any properties for which only a portion of the property falls with the 500-foot radius, no less than 48 hours prior to when extended work construction is due to begin. The permit holder may provide the written notification through the use of door tags, letters, or any written means of notification.
E. Grading and roadway construction is permitted to begin at 6:00 a.m. and end no later than 7:00 p.m. in any zoning district. If a contractor wishes to perform road work or grading, outside these hours, the contractor shall make an application to the town’s development engineering division or capital improvement projects division, as applicable, for an extended work permit. Town staff shall consider whether construction noise in the vicinity of the proposed work site is less objectionable at night than during the day due to population levels or activities or interference with traffic, and whether the noise will cause significant disturbance in residential areas. Emergency work or repairs may be authorized by the appropriate division manager regardless of the time of day. The town may use any factor or reasoning to allow work during extended hours if there exists a community benefit.
F. The holder of an extended work permit for site construction or grading and roadway construction is required to have the extended work permit on site for inspection by town staff, including police personnel, at all times during the extended work time.
G. The building official or the development engineering division or capital improvement projects division, as applicable, may revoke an extended work permit if the town receives a complaint that cannot be resolved.
H. Service trucks may work on equipment stored on site until 9:00 p.m. Maintenance during other hours will be allowed if no objectionable noise is generated.
I. Sand and gravel operations (mining) and agricultural operations are exempt from this section.
J. If emergency conditions require that work be completed at times outside the hours allowed by this section and the contractor does not already possess an extended work permit, the contractor must notify the building official for site construction work, or the development engineering division or capital improvement projects division, as applicable, for grading or roadway construction, as soon as practicable. If the contractor is unable to contact the building official or development engineering division or capital improvement projects division, the contractor shall notify the police department.
K. For purposes of this section:
1. “Site construction” means the work relating to site improvements including, but not limited to, installation of utilities, including storm drain infrastructure, on site curbs, asphalt placement, on site sidewalks, and all structures such as buildings, walls, signs and light poles.
2. “Construction noise” means any noise that is generated from site construction, including associated delivery of materials, and that disturbs the peace or quiet of any residence or that causes discomfort or annoyance to any reasonable person of normal sensitivity residing within 500 feet of the construction site.
3. “Construction site” means the parcel(s) or property where the site construction is taking place.
Ordinance 2002.14 adopted section 11-5-4, which was renumbered to conform to Ordinance 2002.12
Ordinance 2005.22 amended paragraph H by adding “For purposes of this section” to the introduction and deleting it from the definition of “Site construction”
The town attorney made a scrivener’s error correction to the chapter 11-10 cross-reference in paragraph I on January 5, 2010, pursuant to the authority in section 1-4-5
Ordinance 2023.018 revised procedures for obtaining a special permit for extended work hours and making other various revisions