Form revised December 4, 2006

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Planning and Development	Gordon Clowers/684-8375	Karen Grove/684-5805

Legislation Title:

An ordinance relating to noise control, amending various sections and adding new sections to Chapter 25.08 of the Seattle Municipal Code, to provide for a major public project construction variance for major public construction projects, to update various provisions to conform to new technology and changes in technology, to revise the enforcement procedures to provide for stop work orders, revocation of variances, citations and civil penalties, to revise various provisions to update and clarify references and correct grammar and other errors, and repealing Sections 25.08.130, 25.08.240, 25.08.535, 25.08.620, 25.08.750, 25.08.770, 25.08.780, 25.08.790 and 25.08.810.

· Summary of the Legislation:  The proposed amendments would accomplish the following:

· Update the code to acknowledge current sound measuring methods and devices;

· Allow the DPD Director to grant noise variances for “major public project” construction—when noise impacts can be mitigated—including projects such as Sound Transit Link Light Rail, SR 520, and future SR99/Alaskan Way improvements;

· Allow the DPD Director to grant noise variance extensions for previously granted  variances (with public notice) except for temporary variances;  

· Update and strengthen enforcement procedures to provide for stop work orders, revocation of variances, citations and civil penalties;

· Modify the time limits on noisy construction operations that would affect residents in higher density areas such as Lowrise, Midrise, Highrise and Neighborhood Commercial zones; and

· Correct references and update inaccurate or outdated language.

· Background:  The amendments are intended to define effective noise controls for anticipated major public transportation and infrastructure construction projects, improve enforcement procedures, and otherwise update the City’s noise code. The amendments will clarify the City’s regulatory authority and processes as well as the responsibilities of parties engaging in construction activities or other actions generating noise, and improve the effectiveness of the City’s deterrence and enforcement process related to noise violators.

The fiscal implications of the amendments are minor for DPD, but considerably more important to the public agency applicants (and public as a whole) that will benefit from a more comprehensive approach to major construction noise controls:

1. Processing/Permitting:  DPD will not incur additional costs.  DPD noise fee to applicants is $150 per hour for time spent in permitting/processing activities, and rarely exceed two hours per case.  There is also a fee of $150 for site inspections related to variances.
2. Increase in fees and/or penalties collected:  The amendments might result in additional collection of penalties.   However, because DPD noise enforcement staff work to gain voluntary compliance in most cases, collection of penalties would likely be infrequent.  Also, the amendments include a greater array of enforcement mechanisms, which could increase the efficiency of gaining compliance without levying penalties.
3. Benefit to public agencies and citizenry due to increased predictability and efficiency of major public projects:  By ensuring a comprehensive approach to construction noise controls for major public projects, the public will benefit from more thorough noise mitigation plans and public agencies will benefit from a more predictable process for setting construction noise controls.  This should provide significant fiscal benefits to agencies by avoiding overly constraining restrictions on construction activities that might otherwise threaten the financial feasibility of major projects.

__P__ This legislation does not have any financial implications.

Attachment 1:  Director’s Report and Recommendation