TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
The attached report contains recommendations regarding proposed changes to the Town’s Noise Control Ordinance. The report also includes a draft ordinance prepared by the Town’s consultants that is intended to serve as a guide for preparing a revised noise ordinance.
The attached resolution would schedule a public hearing for April 18, 2001, to allow citizens an opportunity to comment on the report.
The Council established the Noise Ordinance Study Committee in May of 1997. The Committee first met in November 1997 and met regularly through January of 1999. The Committee was charged with investigating various types of noises and evaluating various methods of reducing the levels of noises that were determined to be particularly disturbing.
On January 25, 1999, the Committee presented its report to the Council. The report included eight recommendations:
1. Lower by five decibels the noise level allowed for tonal and long duration noises emanating from mechanical systems, including HVAC systems.
2. Apply lower decibel levels retroactively to all institutional, industrial and commercial noise sources.
3. Include specific sanctions for noise violations in the ordinance.
4. Include in the ordinance a section that clearly explains the relationship between decibel levels and the level of audible sound.
5. Purchase a new, more sensitive noise meter.
6. Develop follow-up enforcement procedures for noise violations caused by institutional and commercial sources.
7. Provide additional training to police officers to ensure consistent enforcement of the ordinance.
8. Establish a new noise committee to evaluate issues not considered by the initial committee.
Following the presentation of the Committee’s report, the Council expressed concerns about the lack of expertise among Town staff members to evaluate and implement the committee’s recommendations. The Council also noted its concerns regarding the technical, legal and practical implications that could result from the implementation of the Committee’s recommendations.
On September 13, 1999, the Council authorized the Manager to contract with Environmental Noise Consultants, Inc. (ENC) of Raleigh to conduct a comprehensive review of the Town’s noise ordinance, recommend changes, and prepare a draft of a new ordinance for future consideration.
Larry and Julia Royster of ENC proposed a four-phase project that would include:
1. Meetings with citizens, including noise committee members, and Town staff to obtain feedback about the current noise ordinance and proposed changes.
2. Site visits to areas where noise annoyance issues were particularly troublesome. During these visits, noise measurements would be conducted using instruments more sophisticated than those used by the Police Department.
3. The development of a draft ordinance based on information collected from citizens and Town staff, technical data retrieved during site visits, and the professional experiences of the Roysters in developing municipal noise ordinances.
4. The presentation of the draft ordinance to the Council and to the public, with additional amendments made to the draft following public comment.
The report details the consultants’ work to date. Meetings were conducted with representatives of the police, planning and engineering departments. The Roysters also met with citizens who had served on the Noise Committee and with students from UNC. Visits were made to 45 sites during various hours of the day and days of the week. Approximately 550 sound samples were taken in residential, commercial and institutional locations.
Based on this research, along with other research conducted by the Roysters during previous studies, a draft noise ordinance was developed for review by the Council and the public. The principal differences between the draft ordinance and the Town’s current ordinance are noted below.
· The allowable sound levels would be based on the zoning designation in which the source of the sound is located rather than having one level assigned to all areas of town.
· For the purposes of determining maximum allowable noise levels, all noise sources would be treated the same, in contrast to the disparate treatment applied to amplified sound in the current ordinance.
· Determining sound levels under the new ordinance would be a function of measuring two factors: the A-weighted sound level (dBA), as is the practice in the current ordinance, together with the third octave bands for determining low frequency sound levels. Low frequencies are deep bass sounds that often are annoying but cannot be measured by the equipment currently used by the police.
· The number and scope of exceptions to the maximum allowable sound levels would be reduced. Changes would include limitations on the use of agricultural equipment and more specific regulations regarding sound coming from boom boxes and vehicle sound systems.
· The system regulating the issuance of permits allowing exemptions to the ordinance would be clarified and made easier to administer.
Based on the data collected by the consultants during their site visits, few existing sound sources within the town would exceed the limits set forth in the proposed ordinance. According to the Roysters, only those sounds which “significantly exceed sound levels ordinarily heard within that same zone or neighborhood” would likely violate the proposed limits. For example, because the proposed ordinance establishes sound levels based on the location of the sound source, amplified music or mechanical sounds originating in a commercial district would not be as likely to be in violation as would those same sounds originating in or near a residential area. Also, because noises resulting from the provision of sanitation services are only exempt from the ordinance limits during daytime hours (7:00am through 11:00pm), some such services might have to be restricted to commercial and institutional areas during night and early morning hours.
Though the consultants’ site visits included most parts of Town and a variety of sound sources, we would recommend that property owners and service providers with specific concerns have the opportunity to evaluate their particular issues prior to the Council taking further action regarding revisions to the current ordinance.
The consultants conducted multiple site visits and hundreds of sound measurements. They received input from citizens who had served on the Noise Ordinance Study Committee, and from student representatives from the University. They have developed a draft ordinance that contains suggestions for future consideration.
The Roysters have also submitted recommendations for the development of a long-range program of education and prevention regarding noise issues. The proposed program includes citizen education and information initiatives to help prevent future noise problems. They also recommend including noise impact statements as a component of planning and building approval processes.
As provided for in their contract, the Roysters will be available to meet with citizens and receive feedback on the report.
We recommend that the consultants’ report be received by the Council. We further recommend that the Council adopt the attached resolution that would schedule a public hearing for April 18, 2001, to allow citizens an opportunity to comment on the report before the Council takes action.
ATTACHMENTS
1. Report from Environmental Noise Consultants, Inc. (begin new page 1).
2. Report from Council Member Brown, Chair, Noise Ordinance Study Committee, January 25, 1999, (without attachments) (p. 37).
A RESOLUTION TO SCHEDULE A PUBLIC HEARING FOR APRIL 18, 2001, FOR THE PURPOSES OF RECEIVING CITIZEN COMMENT ON THE REPORT ON PROPOSED NOISE ORDINANCE REVISIONS (2000-01-22/R-11)
WHEREAS, on September 13, 1999, the Council authorized the Manager to contract with Environmental Noise Consultants, Inc. of Raleigh to conduct a comprehensive review of the Town’s noise control ordinance; and
WHEREAS, Environmental Noise Consultants, Inc. has presented to the Council a proposal for revising the Town’s noise control ordinance; and
WHEREAS, changes to the noise control ordinance could have technical, legal and practical implications for citizens; and
WHEREAS, the Council wishes to ensure that citizens have an opportunity to comment on the report;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a public hearing be scheduled for April 18, 2001, to provide citizens the opportunity to comment on the report.
This the 22nd day of January, 2001.