2021.03.08 Council Agenda Item 5

The Town Council charged the Ordinance Committee with reviewing the Code of Ordinances as related to the handling of nuisance noise and dust/erosion and sedimentation control. 

Noise:

Falmouth does not currently have specific regulations that address noise related to typical activities customarily associated with construction. Falmouth’s ordinance Section 12-1 is similar to provisions commonly found in other communities and relates more to non-construction-related nuisance noise. In an effort to provide residents relief from excessive or continuous construction noise, the Ordinance Committee proposes to amend the Code of Ordinances to add a new section, Section 12-4 that would prohibit certain construction activities between 7:00 p.m. and 7:00 a.m. every day and 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 7:00 p.m. on Sundays. Certain construction activities would also be prohibited on federal holidays. The proposed ordinance would also prohibit construction activities related to certain major projects on Sundays. The proposed ordinance language is attached.

Dust/Erosion and Sedimentation Control:

The Code of Ordinances includes several provisions that address dust. Generally speaking, these provisions address dust considerations on a case-by-case, project-specific basis in a way that takes into account the specific nature, size, and location of a given project. Section 19-72.5 references best management practices for dust control published and used by the Maine Department of Environmental Protection and the Cumberland County Soil and Water Conservation District. These provisions are applicable to all projects requiring Planning Board approval, as well as to fill permits, Shoreland Zone permits, phosphorous control permits, and building permits. The Ordinance Committee proposes amending this section to remove reference to the outdated erosion and sedimentation control handbook published by the Cumberland County Soil and Water District. Staff has confirmed that neither CCSWCD nor MDEP uses this outdated handbook anymore and, instead, now rely solely on the most current MDEP BMP manuals, updated references to which are provided in the attached draft amendment language. In an effort to promote greater awareness around the impacts of construction related to dust and noise, and as a result, compliance with standards, staff also created the attached noise and dust control informational brochure which will be distributed to contractors in advance of the commencement of construction activities. 

This item was introduced on February 8, 2021. 

Attachments:

• Councilor Introduction Letter
• Proposed Ch. II-12, Section 12-4 language 
• Proposed Ch. II-19, Section 19-72.5 amendment language 
• Noise and Dust Control Brochure