Council adopts LDR changes and nuisance ordinance updates; residents press decibel and duration limits for bedrock removal

The South Burlington City Council on Sept. 2 adopted a package of land development regulation changes (LDR 25‑01 through LDR 25‑07) and an updated nuisance ordinance (Chapter 14, Article 2) that together add procedures for bedrock removal, adjust review processes in the City Center, and move certain construction-noise provisions into the nuisance code.

Paul Connor, the city's director of planning and zoning, told the council these amendments "establish a standard" for bedrock removal where none existed, and that the planning commission recommended the package but also placed additional bedrock standards on its future work plan for further refinement. Connor said the DRB (Development Review Board) may require testing and an independent technical review and that the board has the authority under the regulations to require outside review when a project requires it.

During a lengthy public hearing, neighbors and other residents urged more prescriptive controls. "They allow extreme noise of jackhammering ... top hammer drilling ... and blasting ... all day long and anywhere in the city," said James Markleys, who urged the council to direct the planning commission to return with numeric decibel and duration limits that would protect homes, schools, child-care centers and parks. Multiple residents described past projects that they said caused persistent, "bone-jarring" noise for weeks.

Councilors said the LDR package strengthens existing practice by adding time limits and requiring a DRB‑reviewed bedrock removal plan when significant bedrock work is anticipated. Councilor Andrew (first-name-only in transcript) said the new rules "strengthen our existing ordinance" by explicitly limiting bedrock removal outside nighttime hours and by limiting high‑impact work to 40 hours at the top level unless the DRB approves a plan. The council voted unanimously to adopt the LDR amendments.

On a separate motion, the council directed the planning commission to consider whether transferable development rights (TDRs) should be used to capture some value from newly allowed height and density in the City Center. That motion passed 4–1.

Separately, the council held and closed a public hearing on a revised nuisance (noise) ordinance that moves several construction‑noise items from the LDRs into the city code and adds a specific prohibition on bedrock removal during nighttime hours. The council adopted the nuisance ordinance as presented and asked legal counsel to review whether additional clarifying language should be added to ensure the general nuisance standard (which prohibits "unreasonable" noise that "disturbs, injures or endangers the health or peace of a person") continues to apply to daytime bedrock removal plans and does not unintentionally create a stand‑alone daytime exemption.

City staff noted that project approvals are appealable and that enforcement tools and independent technical review provisions remain available to the DRB and city staff. The planning commission has placed a more detailed review of bedrock removal standards, including decibel and duration thresholds, on its work plan for further consideration.