Agenda Item
15
March 23, 2010
Public
Hearing
MEMORANDUM
TO:
FROM:
County Council
~MiChael
Faden, Senior Legislative Attorney
Public
Hearing: Bill 6-10, Noise Control
SUBJECT:
Arts and Entertainment Activities
Bill
6-10,
Noise Control - Arts and Entertainment Activities, sponsored by
Councilmember EIrich and Council President Floreen, was introduced on March 2, 2010. A
Transportation, Infrastructure, Energy and Environment Committee (T&E) worksession will be
scheduled at a later date.
Bill 6-10 would set different noise level standards for certain arts and entertainment
activities.
It
would also exempt certain noise levels created by certain arts and entertainment
activities from being treated as a noise disturbance. In addition, a potential homebuyer would be
given a notice about certain arts and entertainment activities near those areas.
This Bill would allow a performing arts facility (such as, but not limited to, Strathmore
Hall) which conducts at least 5 outdoor arts and entertainment activities (such as concerts or
films) each year to file a noise mitigation plan with the Department of Environmental Protection
(DEP). DEP would review but would not approve the plan. The facility would then be subject
to a higher maximum noise level from April through October 75 dBA versus the normal 65
(daytime) or
55
(nighttime) levels that apply to residential areas. If an arts facility conducts
fewer than 5 outdoor events, it could apply for an event-by-event waiver under the current law
and would not have to file a plan.
This packet contains:
Bill 6-10
Legislative Request Report
Fiscal Impact Statement
Circle
#
1
6
7
F:\LAW\BILLS\\006 Noise - Performing Arts Facility\Public Hearing Memo.Doc
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Bill No.
6-10
Concerning: Noise Control - Arts and
Entertainment Activities
Revised: 2-25-10
Draft No. _1_
Introduced: March 2,2010
Expires:
September 2, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-=No:::::.:n..:.::e~
_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich and Council President Floreen
AN
ACT
to:
(1)
(2)
(3)
(4)
set different noise level standards for certain arts and entertainment activities;
exempt certain noise levels created by certain arts and entertainment activities from
being treated as a noise disturbance;
require certain notices to be given to certain potential home buyers near certain arts
and entertainment activities; and
generally amend the County noise control law,
By amending
Montgomery County Code
Chapter 3IB, Noise Control
Sections 31B-2 and 3IB-5
By adding
Chapter 3IB, Noise Control
Section 31 B-6A
Chapter 40, Real Property
Section 40-12D
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term,
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 6-10
1
Sec.
1.
Sections
31B-2
and
31B-5
are amended, and Section
31B-6A
is
added, as follows:
31B-2.
2
3
Definitions.
work, such as g
~
film, music, or dance.
[(a)]
[(b)]
[(c)]
[(d)]
[(e)]
[(f)]
[(g)]
[(i)]
[G)]
[(k)]
[(1)]
[em)]
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
23
24
[en)]
[(0)]
*
*
*
*
*
*
25
26
Performin2 arts facility
means g building, outdoor seasonal, temporary, or
permanent stage, or other clearly defined area or space, which is located at g venue
that primarily presents live theatrical, musical, or dance performances.
27
(j)-
F;\LAW\BILLS\1006 Noise - Performing
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BILL
No. 6-10
28
[(P)]
29
30
31
[(q)]
[(r)]
[(s)]
32
33
34
35
let)]
3tB-5.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Noise level and noise disturbance violations.
(a)
Maximum allowable noise levels.
(1 )
Except as otherwise provided in Section 31B-6(a).1 31B-6A, and
31B-8, a person must not cause or permit noise levels that exceed
the following levels:
36
37
38
39
40
* *
3tB-6A.
activities.
{ill
*
Seasonal noise level standard for qualifying arts and entertainment
41
42
43
44
If more than
~
performances of an outdoor
arts and entertainment
activity
will be conducted at
£!
performing arts facility,
the owner or
manager of the
facility
may file
£!
noise mitigation plan,
prepared
.!2y
an acoustical engineer or consultant, with the Department. The
plan
must include:
45
46
47
48
ill
ill
performance requirements;
the
!YP§
of noise mitigation measures that the facility will use;
and
49
50
ill
information about the impact of the proposed
arts and
entertainment activity
and the planned noise mitigation
51
52
53
measures on the performers, the audience, and the occupants of
nearby properties.
The Department must make each
plan
filed with
it
available to the
54
public and send
£!
fQPY
to the Noise Control Advisory Board.
-6).
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BILL
No. 6-10
55
56
57
58
59
60
61
(hl
If the owner or manager of
~
performing arts facility
submits
~
completed
noise-mitigation plan
to the Department and conducts at
least
~
outdoor
arts and entertainment activities
each year in
accordance with that
plan,
each outdoor
arts and entertainment
activity
held at the
facility
must not exceed the following noise decibel
limits:
ill
ill
(£)
from
II
a.m. to
II
p.m. during April
1
through October 31, 75
62
63
64
dBA, as measured on the receiving property; and
at all other times, the maximum allowable noise level set in
Section 31B-5.
A person must not cause or permit noise levels from an outdoor
arts
65
66
67
68
69
70
and entertainment activity
which is subject to this Section to exceed
the standards in subsection (Q1
@
Any outdoor
arts and entertainment activity
subject to this Section
which meets the standards in subsection
(hl
must not be cited as causing
~
noise disturbance.
~
71
W
F or
performing arts facility
to remain in compliance with this
72
73
Section, its owner or manager must update its
noise mitigation plan
as
necessary to reflect significant changes in programming and noise
control technology, and must file an updated
plan
with the Department
not later than March
U
each year.
74
75
76
77
Sec. 2. Section 40-12D is added as follows:
40-12D.
(ill
Disclosure of noise from certain arts and entertainment activities.
If any residential real property is located within 300 yards of
~
78
79
80
81
performing arts facility
where
~
or more outdoor
arts and
entertainment activities
which are subject to special noise level
standards under Section 31B-6A have been conducted during the
-0-
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BILL
No. 6-10
82
83
84
previous 12 months or are scheduled to be conducted in the next 12
months, any seller of that property must disclose to each prospective
buyer, before the buyer signs
~
contract to buy the property, that certain
seasonal outdoor
arts and entertainment activities
conducted at that
facility
are subject to special noise level standards which may exceed
85
86
87
88
89
otherwise applicable noise limits.
{Q)
A prospective buyer must indicate,
Qy
signing an addendum to the
contract or
~
separate section of the contract printed in boldface
~
~
in
90
91
92
93
clearly demarcated box, that:
the seller has provided the information required
Qy
subsection
ill.;.
and
ill
ill
the buyer understands that:
(A)
nearby property may be
~
94
95
source of periodic noise from
seasonal outdoor
arts and entertainment activities;
and
(ill
96
97
98
the buyer may obtain more information about noise limits
on these activities from the County Department of
Environmental Protection.
99
Approved:
100
Nancy Floreen, President, County Council
101
Date
Approved:
102
Isiah Leggett, County Executive
103
Date
This is a correct copy ofCouncil action.
104
Linda M. Lauer, Clerk ofthe Council
Date
&
F:\LAW\BILLS\IOO6 Noise - Performing
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LEGISLATIVE REQUEST REPORT
Bill 6-10
Noise Control
-
Arts and Entertainment Activities
DESCRIPTION:
Sets higher noise level standards during specific hours and seasons
for certain arts and entertainment activities. Exempts certain noise
levels created by certain arts and entertainment activities from being
treated as a noise disturbance. Requires potential home buyers near
covered outdoor performance areas to be notified about potential
noise from arts and entertainment activities at those areas.
Certain outdoor performing arts activities with substantial community
support may violate current evening noise standards.
To allow reasonable, enforceable standards to apply to seasonal
outdoor performances, and to notify potential neighbors that outdoor
performances with different noise standards may be held nearby.
Department of Environmental Protection
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A
F:\LAW\BILLS\! 006 Noise· Performing Arts Facility\Legislative Request Report.Doc
f:\law\bills\1006 noise - performing arts facility\legislative request report.de
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Joseph F. Beacb
Director
MEMORANDUM
March 17,2010
TO:
FROM:
SUBJECT:
Nancy Floreen,
~:V'
County Council
Joseph F. Beach,
~or
Council
Bm
6-10, Noise Control-
Arts
and Entertainment Activities
The purpose ofthis memorandum is to transmit a fiscal and economic impact statement to
the Council on the subject legislation.
LEGISLATION SUMMARY
This bill will establish a "seasonal noise level standard" that exceeds otherwise applicable
noise standards for qualifYing outdoor arts and entertainment activities that consist of more than fIVe
performances at a perfonning arts facility. To qualify for the seasonal noise level standard. the owner of
the facility must file a noise mitigation plan, prepared by an acoustical engineer or consultant, with the
Department ofEnvironmental Protection. The plan must specify, among other things, the types ofnoise
mitigation measures that the facility will employ and the impact ofthe proposed arts and entertainment
activity
and
ofthe noise mitigation measures on the performers, the audience, and nearby properties. The
Department ofEnvironmental Protection must make the plan available
to
the public and send a copy to
the Noise Control Advisory Board.
In addition, potential buyers ofresidential real property located within 300 yards ofa
performing
arts
facility subject to the seasonal noise level standard must
be
notified by the seller that
there may be periodic noise from nearby seasonal outdoor
arts
and entertainment activities that may
exceed otherwise applicable noise limits.
FfflCALANDECONONHCS~Y
This
legislation does not appear to have a fiscal impact on the County. although the exact
scope ofthe facilities affected is still to be determined. The noise mitigation plan submitted by the owner
of a performing
arts
facility
will
not require processing or approval by the Department ofEnviromnental
Protection, except for making it available
to
the public and to the Noise Advisory Board. However, it is
uncertain at this time whether the legislation will affect County-sponsored seasonal outdoor activities,
either by restricting them or by requiring the County to pay for the preparation and implementation ofa
noise mitigation plan.
Office of the Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240·777·2800
www.montgomerycountymd.gov
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Nancy Floreen, President, County Council
March
17,2010
Page
2
The Department ofFinance has determined that
this
bill will not have an overall economic
impact. However, it is unclear what effect,
ifany,
the notification requirements contained in the proposed
bill may have on sellers of property in the vicinity of performing arts facilities, or on the real estate
industry.
.
The following contributed
to
and concurred with this analysis:
Stan
Edwards, Department
of Euvironmental Protection; Mike Coveyou, Department ofFinance; and John Greiner, Office of
Management and Budget.
JFB:jg
c: Kathleen Boucher, Assistant Chief Administrative Officer
Dee Gonzalez, Offices ofthe County Executive
Bob Hoyt, Director, Department ofEnvironmental Protection
Stan Edwards, Department of Environmental Protection
Mike Coveyou, Department of Finance
John Greiner, Office ofManagement and Budget
John Cuff, Office of Management and Budget