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City enforces noise limits amid construction controversy

August 20, 2024 | South Burlington City, Chittenden County, Vermont


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City enforces noise limits amid construction controversy
In a recent city council meeting, officials addressed community concerns regarding noise from construction activities on Long Drive, particularly related to the use of jackhammers. The discussion highlighted a series of events stemming from a family's home construction that began in the summer of 2023, during which prolonged jackhammering to dislodge rock ledge prompted complaints from neighbors.

City officials emphasized their commitment to transparency and adherence to local governance, referencing the city charter that mandates the manager's responsibility for enforcing city laws. The construction project had previously been subject to decades of permitting and legal scrutiny, with strict parameters set by an environmental court affecting new developments in the area.

Following complaints from residents about the noise, the city attorney and the manager initiated legal proceedings to file an injunction against the construction. However, the court declined to issue a stop work order, instead scheduling a hearing for all parties involved to present evidence. Notably, the jackhammering ceased shortly before the court date, as the construction phase was completed.

As another family prepared to begin construction on Long Drive in winter 2024, city officials sought to mitigate potential noise issues by engaging in discussions with the contractor and property owner. They conducted test pits to assess the extent of rock ledge on the property and adjusted construction plans to minimize the need for jackhammering, all while complying with prior court orders.

To further protect community interests and limit liability for the city, an agreement was established with the contractor to restrict noise levels. City officials clarified that without this agreement, enforcement of the noise ordinance would have involved fines and potential legal action against the contractor for excessive noise.

This proactive approach aims to balance property rights with community well-being, reflecting the city's ongoing efforts to address construction-related disturbances while navigating complex legal frameworks.

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