A. Purpose. Construction noise can be a public nuisance if not controlled. The purpose of the following regulations is to control construction noise in a manner that prevents construction noise from becoming a public nuisance as established by this chapter.
1. Certain construction noise activities, due to their importance to the overall community, are exempt from this section;
2. The following construction activities are exempt from the provisions of this section:
a. Freeway, highway, or arterial construction and improvements;
b. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds, and appurtenances between 7:00 a.m. and 10:00 p.m. any day of the week;
c. Construction noise resulting from local, state or national emergencies;
d. Construction noise related to the repair or installation of essential utility services such as, but not limited to, sanitary sewer, domestic water, electrical, natural gas, and other essential utility services; and
e. The exemptions to the maximum permissible environmental noise levels as set forth in WAC 173-60-050 are hereby adopted by reference.
3. Nothing herein shall be construed to limit or prohibit different or more restrictive hours for any work hours as specified under a development permit issued under BMC Title 11.
C. Hours of Allowed Construction Noise.
1. It is unlawful for any person to cause, or for any person in possession of property to allow sound to originate from construction noise generated by the construction, excavation, repair, demolition, destruction, or alteration of any building or property beyond the allowed construction noise hours identified within Table 8.26.065 – 1, Construction Noise Hours, or other construction noise hours as may be allowed under this section.
Monday through Friday
7:00 a.m. to 8:00 p.m.
9:00 a.m. to 6:00 p.m.
2. Construction noise activity shall be prohibited on the following holidays:
a. New Year’s Day;
b. Memorial Day;
c. July 4th;
d. Labor Day;
e. Veterans Day;
f. Thanksgiving Day;
g. Day after Thanksgiving; and
h. Christmas Day.
D. The community development director is hereby authorized to allow expansion of the Monday through Friday and Saturday construction noise hours of Table 8.26.065 – 1, consistent with the following:
1. Types of activities that may exceed construction noise hours:
a. Construction activities which must be completed in a single operation, such as but not limited to:
(1) Concrete pours;
(2) Pavement applications;
(3) Certain types of foundation work; and
(4) Other construction activities that must be completed in a single operation as deemed appropriate by the community development director.
b. Weather-sensitive construction activities which must be performed during periods of favorable weather conditions, such as but not limited to:
(2) Paint applications;
(3) Parking lot striping;
(4) Large grading operations;
(5) Stream restoration or fish enhancement projects; and
(6) Other weather-sensitive work activities as deemed appropriate by the community development director.
c. In exercising the authority granted herein, the community development director shall not allow expansion of construction noise hours to Sundays, the holidays identified in subsection (C)(2) of this section and construction noise occurring between the hours of 10:00 p.m. and 6:00 a.m.;
d. A construction noise hours extension shall follow the process as set forth below:
(1) Type I application pursuant to BMC 11.04.003;
(2) The applicant shall submit the request upon a form approved by the director of community development. At a minimum, the application submittal shall include:
(A) The name, address and contact information of the applicant;
(B) The location, site address, parcel number of the affected property;
(C) The city case number of the underlying development permit;
(D) The name, address, telephone number, and e-mail address of the after-hours contact person who shall be on site during extended construction hour periods;
(E) The dates, times and duration of all work periods proposed to occur beyond the construction noise hours as set forth within subsection C of this section;
(F) The type of construction work proposed to be performed during the expanded hours period;
(G) The reason the work must occur outside the normal construction noise hours; and
(H) Other information as determined necessary by the community development director to evaluate the request;
(3) A fee as established by the fee resolution; and
(4) The community development director shall have seven calendar days following receipt of a complete construction noise hours expansion request to approve, conditionally approve, or deny the request;
e. Notification to surrounding property owners and residents shall be provided by the applicant as set forth below:
(1) The applicant shall cause to be mailed or hand-delivered to all property owners and all residents within 300 feet of the subject property a postcard or letter stating that the city has authorized an expansion of the allowed construction noise hours;
(2) The postcard or letter shall contain language, including contact information, as established by the community development director;
(3) The notice shall be mailed at least 72 hours before expanded construction noise hours commence; and
(4) Failure to provide timely notice shall result in a delay of the commencement of the expanded construction hours until notification as required herein is provided. (Ord. 2125 § 2 (Exh. B), 2013).