Discuss Potential Future City Code Amendment to Construction Hours

The City of Ramsey has the code as listed below for construction hours within the city. The reason for this possible amendment to the Code is due to the number of concerns that have been raised to City Council regarding the time limits and to address some of the public perception of the listed hours. The question was most recently raised during the review of a Major Subdivision. Residents have had concerns with the hours listed as the maximum allowance, not necessarily being the standard hours of construction that most contractors choose to use. The contractor for the development of Harvest Estates, for example, negotiated construction hours to stop at 8:00 p.m. instead of the maximum stopping time of 10:00 p.m.

The goal of this amendment is to look at the possibly of introducing an earlier stopping time for construction with exemptions built in for public improvement projects, private homeowner construction, and extenuating circumstances which would involve City Administrator approval or City Council approval. It is noted, however, that it is rare that the complaints the City actually receive are that of evening work hours. Almost exclusively, the complaints are in regards to early start hours in the morning.

Also included in this document for examples are the hours of construction and stipulations of neighboring communities as a basis for discussion. It is worth noting that the majority of the surrounding communities have similar hours in effect as the City of Ramsey with some starting at 6:00 a.m.
 
The code as it currently exists:
Sec. 105-1. - Restrictions on hours for construction.
(a)           Work hours. It shall be unlawful to engage in or conduct any activity in the construction of any building or structure, or the laying of any pavement, including but not limited to the making of any excavation, clearing of surface land and loading or unloading material, equipment or supplies in any residential district of the city, except between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. However, such activity shall be lawful from 6:00 a.m. to 10:00 p.m. with prior permission from the city administrator and his designee due to extenuating circumstances such as excessively warm temperature, the need to avoid traffic during normal work hours, etc. Any Sunday activity is also limited to the hours of 7:00 a.m. to 10:00 p.m. and to that which is being performed by the owner/occupant of the parcel on which the activity is occurring.
(b)           Permit. Application for a permit shall be made in writing to the administrator and shall state the name of the applicant and their business address, the location of the proposed work, and the reason for seeking a permit to do such work on Sunday as well as the estimated time of the proposed operations. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the time indicated.
(c)           Provision not to prevent necessary work. Nothing in this section shall be construed to prevent any work necessary to prevent injury to persons or property at any time.
 (Code 1978, § 7.81; Ord. No. 95-17)
 
Possible code edit amendment:
Sec. 105-1. - Restrictions on hours for construction.
(a)           Work hours. It shall be unlawful to engage in or conduct any activity in the construction of any building or structure, or the laying of any pavement, including but not limited to the making of any excavation, clearing of surface land and loading or unloading material, equipment or supplies in any residential district of the city, except between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday unless work is done by a homeowner, in which residential homeowner construction is limited from 7:00 a.m. to 10:00 p.m. However, such activity shall be lawful from 6:00 a.m. to 10:00 p.m. with prior permission from the city administrator and his designee due to extenuating circumstances such as excessively warm temperature, the need to avoid traffic during normal work hours, etc. Any Sunday activity is also limited to the hours of 7:00 a.m. to 10:00 p.m. and to that which is being performed by the owner/occupant of the parcel on which the activity is occurring. Public improvement projects, public works construction activities and other similar emergency construction activity shall be exempt from the construction hours listed.
(b)           Permit. Application for a permit shall be made in writing to the administrator and shall state the name of the applicant and their business address, the location of the proposed work, and the reason for seeking a permit to do such work on Sunday as well as the estimated time of the proposed operations. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the time indicated.
(c)           Provision not to prevent necessary work. Nothing in this section shall be construed to prevent any work necessary to prevent injury to persons or property at any time.
 (Code 1978, § 7.81; Ord. No. 95-17)

While an amendment to City Code may be warranted, Staff poses a goal to balance the tranquility of the surrounding neighborhoods with the flexibility to be able to negotiate later hours where feasible. This topic report is for discussion only. There is no policy change being proposed at this time.

No action is being requested. Staff is seeking initial feedback to aide in development an actual ordinance for future consideration.