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FROM LARKIN HOFFMAN DALY (MON) 12, 13' 99 17: 59/ST. 17: 57/NO, 4861132814 P 5 LARKIN, HOFFMAN, DALY & LINDGREN, L ro. Joel Jamnik. Esq. December 13,1999 Page 4 . At the Planning Commission, the City's consultant, DSU stated that this provision was intended to address noise from trucks circulating through a property during the hours of 10:00 p.m. to 7:00 a.m., as opposed to noise at a commercial loading dock which is addressed by a separate provision of the proposed Zoning Ordinance Amendments. The ordinance uses a distance of 300 feet from any residential district boundary as a triggering event, although the factual basis for this provision is unclear. Furthermore, this provision is not tied to a measurable, objective standard such as the state noise standards established by the Minnesota Pollution Control Agency. At the Planning Conunission public hearing, the City Attorney advised that the City could not establish an objective noise level that is more restrictive than state noise standards. There is, therefore, a legal question as to whether this provision indirectly accomplishes this prohibited result. Minnesota Pollution Control Agency ("MPCA") noise standards establish specific residential night time noise standards for the same period oftime (10:00 p.m. to 7:00 p.m.) defined as "twenty-four holD' use" in the proposed Zoning Ordinance Amendments. Unlike the proposed Zoning Ordinance Amendments, NtPCA noise standards require that a prescribed decibel level be met at the residential receptor, and not at a zoning district boundary line. MPCA noise standards (Minn. Rules 7030.0040) state that state noise standards "describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area." (Emphasis added.) TIle standards do not apply to impulsive noise. Impulsive Daise is defined in state law as having a "rise time" of much less than one second and is normally related to impacts of one solid against another. The only non-impact noises which fall under the impulsive category are gunshots, explosions and sonic booms. Consultations with Bradley's consulting noise expert, Braslau and Associates indicate that noise generated by a trl1ck circulating through a property is not "impulsive noise" under state noise law. . If construction of a wall is for purposes of controlling noise, such requirements should be based upon a pl;rformance standard which in turn should be based on established noise standards or limits. This would ensure that a sound wall is appropriate1y designed to achieve these performance requirements. The value of300 feet for placement of a wall is questionable. A regular truck at 300 feet would be as loud as an automobile passing at 100 feet under certain circumstances. In addition, walls cause noise reflections on either side. This has the potential of creating noisc impacts that are not addressed by the ordinance. . In conclusion, the overal1 concern about this provision is that it mandates an across-the- board result without relationship to an established standard or to the magnitude or the duration of impact as applied to a particular piece of property. This can work an