WAKEFIELD CONSTRUCTION HOURS AND NOISE LIMITS BYLAW
§ 154-6. Construction hours and noise limits. [Added 11-7-2005 RTM by Art. 8]
A. Purpose. The intent of this bylaw is to regulate the hours during which construction and demolition activities may take place within the Town and otherwise to limit the impact of such activities on nearby residents and businesses.
B. Definition. "Construction" shall mean and include the construction, reconstruction, alteration, repair, demolition and/or removal of any building, structure or substantial part thereof if such work requires a building permit, razing permit, electrical permit plumbing permit, gas permit or mechanical permit."Construction" shall also include excavation that involves the use of blasting, jackhammers, pile drivers, back hoes and/or other heavy equipment.
C. Hours. No person shall perform any construction within the Town except between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, nor at any time on Sunday.
D. Exemptions. The restrictions set forth in this bylaw shall not apply to any work performed:
(1) By the Wakefield Department of Public Works and/or the Wakefield Municipal Gas & Light Department;
(2) On or in connection with a detached, single-family home or any structure accessory thereto (other than in the context of the construction of a new subdivision);
(3) By any person on or in connection with his own residential property, with or without the aid of hired contractors, if such owner occupies a unit in such property as his primary residence, and such property contains not more than four units.
E. Permits. The Director of the Wakefield Department of Public Works or his designee (the "Director") may in his reasonable discretion issue permits in response to written applications authorizing applicants to perform construction during hours and/or on days forbidden by this bylaw. Such permits may be issued upon a determination by the Director that literal compliance with the terms of this bylaw would create an unreasonable hardship and that the work proposed to be done (with or without any proposed mitigative measures) will have no adverse effects of the kind which this bylaw seeks to reduce. Each such permit shall specify the person authorized to act, the dates on which or within which the permit will be effective, the
specific hours and days when construction otherwise prohibited may take place, and any conditions required by the Director to mitigate the effect thereof on the community. The Director shall promulgate a form of application and shall charge a fee of $25 for each permit. No permit may cover a period of more than 30 days. Any person aggrieved by the decision of the Director to issue or to refuse to issue a permit, or by any conditions imposed by the Director upon a permit, may appeal to the Board of Selectmen, who shall hold a reasonably prompt hearing thereon, provided that any permit issued by the Director shall remain in full force and effect unless and until revoked or altered by the Selectmen.
F. Unreasonable noise. Regardless of the hour or day of the week, no construction shall be performed within the Town in such a way as to create unreasonable noise. Noise shall be deemed unreasonable if it interferes with the normal and usual activities of residents and businesses in the affected area and could be reduced or eliminated through reasonable mitigative measures.
G. Copy of bylaw. The Building Department shall deliver a copy of this bylaw to each person to whom it issues a building permit, razing permit, electrical permit, plumbing permit, gas permit or mechanical permit at the time that the said permit is issued, and shall obtain from such person and maintain in the said Department's files a signed receipt acknowledging such delivery.
H. Enforcement. The Police Department shall enforce the restrictions of this bylaw. Fines shall be assessed and collected in the amount of $50 for a first violation, $100 for a second violation and $300 for a third or any subsequent violation. Each day or portion thereof that a violation continues shall constitute a separate offense. Any alleged violation of this bylaw may, in the sole discretion of the enforcing agent, be made the subject matter of noncriminal disposition proceedings commenced by such agent under MGL c. 40, § 21D.
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