HomeMy WebLinkAboutOrdinance 2002.14 Amending chapter 11 of the town code relating to building construction noise F. ANN RODRIGUEZ, RECORDEE
RECORDED BY: D K
DEPUTY RECORDER
7864 PE2
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MAR/rNA AZ 85653
DOCKET: 11870
PAGE: 3458
SEQUENCE: 20021640703
08/23/2002
ORDIN 16:56
MAIL
AMOUNT PAID $ 8.00"
MARANA ORDINANCE NO. 2002.14
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMEN]DING THAT
CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 11
OFFENSES, ARTICLE 5", TO REGULATE EXCESSIVE AND DISTURBING
BUILDING CONSTRUCTION NOISES, AND PREVENT NUISANCES WH1CH
DISTURB CITIZENS RESDING NEARBY.
WHEREAS, it has been determined that the adoption of amendments to that
public record herein referred to as "MARANA TOWN CODE, CHAPTER 11
OFFENCES ARTICLE 11-5 NOISE" is in the best interests of the residents of the Town
of Marana, and;
WHEREAS, it has been determined that the Land Development Co/te Section
19.040-J does not contain clearly defined language to regulate construction times or
noise, and;
WHEREAS, it has been determined that amendments to the noise article of
Chapter 11 will allow for a set start and completion time to all construction projects on a
daily basis, and are in the best interest of the Town of Marana, and;
WHEREAS, the enforcement of the ordinance would be performed by the Police
Department; it would be uniform and to the benefit of both residents and contractors;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town
of Marana, Arizona, that the Town Code be amended by adding the following:
Section 5. Section 11-5-3 "Construction Noise"
A. It shall be unlawful to allow or cause site construction activities that
result in disturbance to persons residing within 500 feet of the site
between the hours of 7:00 p.m. and 6:00 a.m. on weekdays and
between 7:00 p.m. and 7:00 a.m. on weekends.
B. Conunercial or Industrial zones that are no closer than 500 feet to
residential areas site construction may begin no earlier than 5:00 a.m.
and end no later than 8:00 p.m.
C. It will be permissible for the contractor to obtain special permission to
perform site construction work earlier in the summer months by
notifying the residents within 500 feet of the site in writing and asking
the residents to contact the Town if they wish to deny permission. The
Building Official will then evaluate the request, and if reasonable, and
without majority of r~idents requesting denial, issue an early work
permit and inform the Police Department of permitted early work.
D. Grading and roadway construction is permitted to begin at 6:00 a.m.
and end no later than 7:00 p.m. If a contactor wishes to perform work
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at an earlier time for road work or grading, he shall make an
application to The Town Engineer for an early work permit. The
Town Engineer shall consider whether construction noise in the
vicinity of the proposed work site would be less objectionable at night
than during the day due to population levels or activities, interference~
with traffic, and if the noise would not cause significant disturbance in
residential areas. Emergency work or repairs may be authorized by the
Town Engineer or his representative regardless of the time of day.
The Town Engineer may use any factor or reasoning to allow work
during night time hours if there exists a community benefit.
Sen, ice trucks may work on equipment stored on site up to 9:00 p.m.
Maintenance during other hours will be allowed if no objectionable
noise is generated.
Sand and gravel operations (mining), and agricultural operations are
exempt from this ordinance.
Emergency Conditions
In case of emergency operations contact must be made with the
Building Official or the head of Public Works. If neither of them can
be reached notification must be made to the Police Department.
Definitions
Site Construction for the purpose of this section is the work relating to
site improvements such as installation of utilities, on site curbs,
parking lot surfaces, on site sidewalks, and all stmcture~ such as
buildings, walls, signs, and light poles.
Construction noise shall be considered any construction activity that
generates a level of noise 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.
A Notification as stated in Section C shall be considered door tags,
letters, or any written means of notification at least 24 hours prior to
early work start.
The penalty for violation of this section will be as provided in Article
11-8 Penalties. Violation of this provision will be a class 1
misdemeanor and will be issued by the Marana Police Department
upon complaint and investigation finding probable cause to issue a
ticket.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town
of Marana, Arizona, the Land Development Code be amended by deleting the narrative
of 19.040-J of the Town of Marana Land Development Code.
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J. HoUrs of construction:
'~ Normal equipment ~:
......... , ..................................... p.n, ........... p.m.
3. Town c£Mm"',m: staff may al!c':,' equipment cperadcn or
FURTHERMORE adding to section 19.040-J the following:
See Ordinance No. 2002.14 (Town Code Section 11-5-3), relating to
construction noise.
PASSED AND ADOPTED by the Mayor and Council ofth[ Town of
Marana, Arizona, this 20th day of August, 2002.
Bo~,~., Mayor
ATTEST:
wn Clerk~
Daniel J. Hoch~mey
And not personally
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