HomeMy WebLinkAboutCC Work Session - Roadway Noise and Private Streets 1 /25/2013
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• City Code Section 605.1000 adopts and/or incorporates the
State statutes and MPCA rules regarding. However it
addresses only noise emanating from a property or building
and specifically excludes impulsive or non-stationary
noises. This currently prevents the City from taking action
against traffic noise pursuant to the City Code.
• The MPCA has established rules in Minn. Rules Chap.
7030 which address traffic. In the MPCA's opinion these
rules can be enforced by the City.
• The rules contain inconsistent language but the MPCA has
interpreted the rules to allow a City to take action against
specific vehicles creating noise on a road but not against
the general level of noise on a road.
• The City may not create noise standards that are more
stringent than the MPCA's. Minn. Stat. 116.07.
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• City staff conducted a review of ordinances and a poll of
police department officials in neighboring cities to
determine how they address traffic noise.
• The ordinances adopted by neighboring cities are varied.
Some adopt the MPCA standards in their entirety; some
create a nuisance type ordinance addressing traffic noise;
some have a combination of the two; some specifically
adopt traffic noise rules and some specifically include them.
• Practically, the police department officials indicated that
enforcement is primarily through equipment type checks
such as muffler checks. None of the 13 agencies polled
perform noise testing on vehicles.
• Staff also approached the state highway patrol who
indicated they also address only equipment type issues and
do not even have the equipment necessary to perform
general noise testing.
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• There are three main approaches the City can take: it can
chose not to take action against traffic noise; it can adopt
the MPCA rules in their entirety includin� rules against
impulsive and non-stationary noises; or it can adopt a
nuisance ordinance that applies to traffic noise.
• There are several concerns the City should consider if it is
interested in taking action against traffic noise. The main
concerns that were identified in discussions with MPCA,
other cities and city staff are:
practical difficulties in responding quickly enough to
complaints that the vehicle is still in the area
determining how to measure noise from a moving vehicle
high costs related to such enforcement and
inconsistencies in the MPCA rules which could result in
challenges
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• A private road or driveway is defined in Minn. Stat.
169.011, Subd. 57 as "every way or place in private
ownership and used for vehicular travel by the owner and
those having express or implied permission from the owner,
but not by other persons." A private road or driveway is
one that is not used by the general public.
• Any "way or place" which is "open to the use of the public,
as a matter of right," regardless of underlying ownership, is
a Street or Highway pursuant to Minn. Stat .169.011, Subd.
81.
• The City Code adopts Minn. Stat. Chap. 169 including
definitions.
• Therefore, any provision in the City Code that refers to
streets or highways may be applied to a road that is open
for use by the general public as a matter of right regardless
of who owns the road.
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• Section 1004.415 of City Subdivision
Ordinance
Only allowed in Planned Unit Developments
- Must be platted as outlots
� Must have Homeowner's Association for
maintenance
4 Must be designed and constructed similar to
public streets
� May be narrower than a standard public
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Pros Cons
• Allows developer greater • Public understanding of the
flexibility (e.g., increased purpose of private streets
density, reduced setbacks) • Narrower widths may cause
• May help preserve natural parking issues
resources and amenities . Narrower widths may cause
• City does not bear cost of traffic issues (garbage
maintenance trucks, fire trucks)
• HOA may utilize traffic • Potential for City to take
calming techniques not over ownership in the future
allowed on public streets
(speed bumps)
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• City Code Section 701.900 sets forth the City's
regulations on private streets including
identifying private streets, limiting the City's
maintenance obligations, and setting forth a
procedure to convert a private street to a City
street.
• In order to convert a private street to a City
street, a petition requesting adoption of the
street by the City, signed by 100% of the
owners of the private street, must be
presented to the City.
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• Ownership of the underlying street must be transferred to
the City.
• A survey must be provided to the City of the street to be
transferred.
• The existing right of way must be a minimum of 40 feet in
width. Any additional right of way needed is the
responsibility of the petitioners.
• All costs related to the transfer are the responsibility of the
petitioners
• City Staff must evaluate the condition of the road and the
Council may order an upgrade or reconstruction, at the cost
of the Petitioners, before the road is adopted.
• The City Council has full discretion as to whether to
approve or deny a petition.
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