EDMONDS — It may be a little quieter in Edmonds in the future than it would have been had the City Council on Aug. 26 not approved a reduction in the hours allowed for construction noise in the city.
“As a practical matter this has not been a problem in this city,” emphasized Mayor Gary Haakenson during the meeting at which the vote took place.
Nonetheless, a group of residents in the Shell Valley area anticipated that it could become a problem in the next year as construction is expected to begin on two developments between that neighborhood and Main Street.
Earlier this summer the group circulated a petition gathering more than 100 signatures and took it to the city asking for a reduction in hours. After more than a month of working with city staff and Council members on the issue, they got it in the form of a 5-0 vote of the Council.
Shell Valley resident Patrice Raplee told the Council that while her neighborhood spearheaded the petition drive, the issue “has propagated through Edmonds and is now a citywide concern.”
Raplee’s statement was supported by the fact that only a few of the 11 citizens who spoke in support of the ordinance at the Aug. 26 meeting were from Shell Valley.
“The idea that neighborhoods all over the city have put up with this nonsense” of noise being allowed in late and early hours is what inspired Eileen Carter, who lives south of downtown Edmonds, to speak in support of the ordinance, she said. A project is expected to be built soon near her home, she said.
The city makes exceptions to its noise control ordinance, which include sounds that come from utility work or road projects and blasting. Previously, the exemption for construction noise covered the hours of 7 a.m. to 10 p.m. weekdays and 10 a.m. to 6 p.m. weekends and holidays. Variances to these hours were taken to the Hearing Examiner.
The new ordinance – as requested by the residents in their petition – reduces the hours for noise allowed from construction to 7 a.m. to 6 p.m. weekdays, 10 a.m. to 6 p.m. Saturdays and prohibits it altogether on Sundays and federal holidays.
The new law also makes exceptions for noise from home-repair and remodel projects, small construction such as of fences and decks, and from routine activities such as lawn mowing, sawing, hammering and gardening.
A variance process is in place for contractors seeking permission to extend the hours because of special circumstances. A two-day variance can be granted without notification of neighbors if needed to complete work immediately, the new ordinance states. No more than two of this type of variance may be granted per project – considering a housing development as a single project – and any period of violation would be deducted from the two days.
If the first variance isn’t enough, a contractor may apply for a longer one of no more than seven days, this time with notice to be mailed to nearby property owners, to the police and posting required on the property. Only one of this type of variance may be granted per project.
In the case of this type of variance, if a resident has, for example, a prolonged illness that requires rest, there would be the opportunity to discuss this with the contractor and make allowances, said city development services director Duane Bowman.
Project duration is considered six months. Council member Jeff Wilson introduced the amendment adding this into the ordinance, along with limiting seven-day variances to one. He also had suggested taking hours off those allowed as a way to put some “teeth” into the ordinance in case of violations, but city officials said the fine system currently used should be a sufficient deterrent.
“We have a variety of tools we can use,” said city attorney Scott Snyder.
Builders have historically been cooperative, Haakenson said, showing some exasperation with Wilson’s continued questioning and suggested amendments.
“All the builders in this town don’t want to get in trouble with the law, they want to be able to build in this town,” he said.
Wilson also had suggested adding 10 p.m. as an absolute late limit in case of variances, but Haakenson said it wasn’t necessary.
“We’re not going to let them do it past 10, how’s that?” Haakenson said.
“I’ll take your word for it, Mr. Mayor,” Wilson said.
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