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Home My Public Portal AboutPKT-CC-2021-04-13APRIL 13, 2021 PRE -COUNCIL WORKSHOP 5:00 P.M. REGULAR MEETING 7:00 P.M. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernment Pre -Council Workshop -5:00 p.m. Budget Workshop for Proposed Fiscal Year 2021 -2022 Annual Budget Pre -Council Workshop -6:00 pm 2021 Legislature Update -Casey Hill, Red Hill Strategic Regular City Council Meeting -7:00 p.m. Call to Order and Roll Call Attendance Citizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527 Link: https://us02web.zoom.us/j/88550162903? pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheard You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Public Hearing We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527 Link:https://us02web.zoom.us/j/88550162903? pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Vehicular Noise: A public hearing and discussion among Council Members and staff regarding actions the City can take to mitigate vehicular noise including: (1) a draft revision of the City's noise ordinance, (2) noise and speed limit enforcement, (3) a recreation opportunity spectrum analysis, and (4) City participation in noise mitigation efforts on public lands agenda summary - ordinance 2021 -07.pdf attachment 1 - draft noise control ordinance no. 2021 -07.pdf Proposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation agenda summary - ordinance 2021 -08.pdf ordinance 2021 -08.pdf Administrative Reports City Manager Updates COVID -19 Updates Mayor and Council Reports Approval of Minutes Minutes: March 23, 2021, Regular Meeting min -cc -2021 -03 -23 draft.pdf Minutes: April 6, 2021, Special Meeting min -cc -2021 -04 -06 draft.pdf Old Business Proposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation Briefing and possible action agenda summary - ordinance 2021 -08.pdf ordinance 2021 -08.pdf New Business Consent Agenda Proposed Resolution 10 -2021: A Resolution Consenting to the Assignment and Delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1 Briefing and possible action agenda summary - resolution no. 10 -2021.pdf attachment 1 - monument waste wastehauling franchise agreement.pdf attachment 2 - 2021 03 -23 swssd1 mws press release.pdf attachment 3 - mws -swssd assignment and assumption agreement - final.pdf attachment 4 - 2021 03 -29 letter to the city of moab re acquisition of monument waste services and transfer of solid waste services provider.pdf attachment 5 - resolution 10 -2021.pdf Proposed Resolution 11 -2021: Designating Depositories for Moab City Funds Briefing and possible action agenda summary - resolution 11 -2021.pdf resolution 11 -2021.pdf Proposed Resolution 14 -2021: A Resolution Approving the Lot Line Adjustment of Property Located at 471 S Main Street, Moab, UT 84532 Briefing and possible action radcliffe lla petition cc agenda summary 041221.pdf exhibit 1 resolution 14 -2021 radcliffe lla petitiont 041221.pdf exhibit 2 vicinity map radcliffe lla 041221.pdf exhibit 3 recorded county plat radcliffe lla 041221.pdf exhibit 4 draft survey plat radcliffe lla 040721.pdf exhibit 5 parcel legal description.pdf exhibit 6 state code 10 -9a -608.pdf Proposed Resolution 15 -2021: A Resolution Approving the Lot Consolidation of Properties Located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, UT 84532 Briefing and possible action two -mac lc petition cc agenda summary 041221.pdf exhibit 1 resolution 15 -2021 two mac lc 041221.pdf exhibit 2 vicinity map two -mac lc 041221.pdf exhibit 3 recorded county plat two -mac lc 041221.pdf exhibit 4 draft survey plat two -mac lc 041221.pdf exhibit 5 state code 10 -9a -608 - copy.pdf Proposed Resolution 17 -2021: A Resolution of the Moab City Council Approving an Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program Briefing and possible action agenda summary - resolution 17 -2021 community renewable energy anchor community and ila.pdf resolution 17 -2021 approving c -rep ila and anchor participation apr 2021_moab.pdf interlocal agreement c -rep mar 31 2021 - 8 anchors.pdf Proposed Ordinance 2021 -07: Noise Control - DRAFT Discussion and request for direction to staff agenda summary -ordinance 2021 -07.pdf attachment 1 -draft noise control ordinance no. 2021 -07.pdf attachment 2 -moab municipal code -noise.pdf attachment 3 -city of ogden noise ordinance.pdf attachment 4 -grand county draft noise ordinance.pdf attachment 5 -uca 10 -3 -703 criminal penalties for violation of ordinance --civil penalties prohibited --.pdf attachment 6 -sand flats utv plot 14 oct 20.pdf attachment 7 -fhwa remel graph of vehicle noise emissions.pdf attachment 8 -40 cfr 205152 -noise emission standards cfr us law lii legal information.pdf attachment 9 -40 cfr 20552 -vehicle noise emission standards cfr us law lii legal info.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1. 1.1. 2. 2.1. 3. 3.1. 4. 5. 5.1. Documents: 5.2. Documents: 6. 6.1. 6.1.a. 7. 8. 8.1. Documents: 8.2. Documents: 9. 9.1. Documents: 10. 10.1. 10.1.a. Documents: 10.1.b. Documents: 10.1.c. Documents: 10.1.d. Documents: 10.2. Documents: 10.3. Documents: 11. 12. APRIL 13, 2021PRE-COUNCIL WORKSHOP 5:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -5:00 p.m.Budget Workshop for Proposed Fiscal Year 2021 -2022 Annual BudgetPre-Council Workshop -6:00 pm2021 Legislature Update -Casey Hill, Red Hill StrategicRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527Link: https://us02web.zoom.us/j/88550162903?pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Public Hearing We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527 Link:https://us02web.zoom.us/j/88550162903? pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Vehicular Noise: A public hearing and discussion among Council Members and staff regarding actions the City can take to mitigate vehicular noise including: (1) a draft revision of the City's noise ordinance, (2) noise and speed limit enforcement, (3) a recreation opportunity spectrum analysis, and (4) City participation in noise mitigation efforts on public lands agenda summary - ordinance 2021 -07.pdf attachment 1 - draft noise control ordinance no. 2021 -07.pdf Proposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation agenda summary - ordinance 2021 -08.pdf ordinance 2021 -08.pdf Administrative Reports City Manager Updates COVID -19 Updates Mayor and Council Reports Approval of Minutes Minutes: March 23, 2021, Regular Meeting min -cc -2021 -03 -23 draft.pdf Minutes: April 6, 2021, Special Meeting min -cc -2021 -04 -06 draft.pdf Old Business Proposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation Briefing and possible action agenda summary - ordinance 2021 -08.pdf ordinance 2021 -08.pdf New Business Consent Agenda Proposed Resolution 10 -2021: A Resolution Consenting to the Assignment and Delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1 Briefing and possible action agenda summary - resolution no. 10 -2021.pdf attachment 1 - monument waste wastehauling franchise agreement.pdf attachment 2 - 2021 03 -23 swssd1 mws press release.pdf attachment 3 - mws -swssd assignment and assumption agreement - final.pdf attachment 4 - 2021 03 -29 letter to the city of moab re acquisition of monument waste services and transfer of solid waste services provider.pdf attachment 5 - resolution 10 -2021.pdf Proposed Resolution 11 -2021: Designating Depositories for Moab City Funds Briefing and possible action agenda summary - resolution 11 -2021.pdf resolution 11 -2021.pdf Proposed Resolution 14 -2021: A Resolution Approving the Lot Line Adjustment of Property Located at 471 S Main Street, Moab, UT 84532 Briefing and possible action radcliffe lla petition cc agenda summary 041221.pdf exhibit 1 resolution 14 -2021 radcliffe lla petitiont 041221.pdf exhibit 2 vicinity map radcliffe lla 041221.pdf exhibit 3 recorded county plat radcliffe lla 041221.pdf exhibit 4 draft survey plat radcliffe lla 040721.pdf exhibit 5 parcel legal description.pdf exhibit 6 state code 10 -9a -608.pdf Proposed Resolution 15 -2021: A Resolution Approving the Lot Consolidation of Properties Located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, UT 84532 Briefing and possible action two -mac lc petition cc agenda summary 041221.pdf exhibit 1 resolution 15 -2021 two mac lc 041221.pdf exhibit 2 vicinity map two -mac lc 041221.pdf exhibit 3 recorded county plat two -mac lc 041221.pdf exhibit 4 draft survey plat two -mac lc 041221.pdf exhibit 5 state code 10 -9a -608 - copy.pdf Proposed Resolution 17 -2021: A Resolution of the Moab City Council Approving an Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program Briefing and possible action agenda summary - resolution 17 -2021 community renewable energy anchor community and ila.pdf resolution 17 -2021 approving c -rep ila and anchor participation apr 2021_moab.pdf interlocal agreement c -rep mar 31 2021 - 8 anchors.pdf Proposed Ordinance 2021 -07: Noise Control - DRAFT Discussion and request for direction to staff agenda summary -ordinance 2021 -07.pdf attachment 1 -draft noise control ordinance no. 2021 -07.pdf attachment 2 -moab municipal code -noise.pdf attachment 3 -city of ogden noise ordinance.pdf attachment 4 -grand county draft noise ordinance.pdf attachment 5 -uca 10 -3 -703 criminal penalties for violation of ordinance --civil penalties prohibited --.pdf attachment 6 -sand flats utv plot 14 oct 20.pdf attachment 7 -fhwa remel graph of vehicle noise emissions.pdf attachment 8 -40 cfr 205152 -noise emission standards cfr us law lii legal information.pdf attachment 9 -40 cfr 20552 -vehicle noise emission standards cfr us law lii legal info.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.3.1.4. 5. 5.1. Documents: 5.2. Documents: 6. 6.1. 6.1.a. 7. 8. 8.1. Documents: 8.2. Documents: 9. 9.1. Documents: 10. 10.1. 10.1.a. Documents: 10.1.b. Documents: 10.1.c. Documents: 10.1.d. Documents: 10.2. Documents: 10.3. Documents: 11. 12. APRIL 13, 2021PRE-COUNCIL WORKSHOP 5:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -5:00 p.m.Budget Workshop for Proposed Fiscal Year 2021 -2022 Annual BudgetPre-Council Workshop -6:00 pm2021 Legislature Update -Casey Hill, Red Hill StrategicRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527Link: https://us02web.zoom.us/j/88550162903?pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527Link:https://us02web.zoom.us/j/88550162903?pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Vehicular Noise: A public hearing and discussion among Council Members and staff regarding actions the City can take to mitigate vehicular noise including: (1) a draft revision of the City's noise ordinance, (2) noise and speed limit enforcement, (3) a recreation opportunity spectrum analysis, and (4) City participation in noise mitigation efforts on public landsagenda summary - ordinance 2021 -07.pdfattachment 1 - draft noise control ordinance no. 2021 -07.pdfProposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculationagenda summary - ordinance 2021 -08.pdfordinance 2021 -08.pdfAdministrative ReportsCity Manager UpdatesCOVID-19 UpdatesMayor and Council ReportsApproval of MinutesMinutes: March 23, 2021, Regular Meetingmin-cc -2021 -03 -23 draft.pdfMinutes: April 6, 2021, Special Meetingmin-cc -2021 -04 -06 draft.pdf Old Business Proposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculation Briefing and possible action agenda summary - ordinance 2021 -08.pdf ordinance 2021 -08.pdf New Business Consent Agenda Proposed Resolution 10 -2021: A Resolution Consenting to the Assignment and Delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1 Briefing and possible action agenda summary - resolution no. 10 -2021.pdf attachment 1 - monument waste wastehauling franchise agreement.pdf attachment 2 - 2021 03 -23 swssd1 mws press release.pdf attachment 3 - mws -swssd assignment and assumption agreement - final.pdf attachment 4 - 2021 03 -29 letter to the city of moab re acquisition of monument waste services and transfer of solid waste services provider.pdf attachment 5 - resolution 10 -2021.pdf Proposed Resolution 11 -2021: Designating Depositories for Moab City Funds Briefing and possible action agenda summary - resolution 11 -2021.pdf resolution 11 -2021.pdf Proposed Resolution 14 -2021: A Resolution Approving the Lot Line Adjustment of Property Located at 471 S Main Street, Moab, UT 84532 Briefing and possible action radcliffe lla petition cc agenda summary 041221.pdf exhibit 1 resolution 14 -2021 radcliffe lla petitiont 041221.pdf exhibit 2 vicinity map radcliffe lla 041221.pdf exhibit 3 recorded county plat radcliffe lla 041221.pdf exhibit 4 draft survey plat radcliffe lla 040721.pdf exhibit 5 parcel legal description.pdf exhibit 6 state code 10 -9a -608.pdf Proposed Resolution 15 -2021: A Resolution Approving the Lot Consolidation of Properties Located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, UT 84532 Briefing and possible action two -mac lc petition cc agenda summary 041221.pdf exhibit 1 resolution 15 -2021 two mac lc 041221.pdf exhibit 2 vicinity map two -mac lc 041221.pdf exhibit 3 recorded county plat two -mac lc 041221.pdf exhibit 4 draft survey plat two -mac lc 041221.pdf exhibit 5 state code 10 -9a -608 - copy.pdf Proposed Resolution 17 -2021: A Resolution of the Moab City Council Approving an Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program Briefing and possible action agenda summary - resolution 17 -2021 community renewable energy anchor community and ila.pdf resolution 17 -2021 approving c -rep ila and anchor participation apr 2021_moab.pdf interlocal agreement c -rep mar 31 2021 - 8 anchors.pdf Proposed Ordinance 2021 -07: Noise Control - DRAFT Discussion and request for direction to staff agenda summary -ordinance 2021 -07.pdf attachment 1 -draft noise control ordinance no. 2021 -07.pdf attachment 2 -moab municipal code -noise.pdf attachment 3 -city of ogden noise ordinance.pdf attachment 4 -grand county draft noise ordinance.pdf attachment 5 -uca 10 -3 -703 criminal penalties for violation of ordinance --civil penalties prohibited --.pdf attachment 6 -sand flats utv plot 14 oct 20.pdf attachment 7 -fhwa remel graph of vehicle noise emissions.pdf attachment 8 -40 cfr 205152 -noise emission standards cfr us law lii legal information.pdf attachment 9 -40 cfr 20552 -vehicle noise emission standards cfr us law lii legal info.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.3.1.4.5.5.1.Documents:5.2.Documents:6.6.1.6.1.a.7.8.8.1.Documents:8.2.Documents: 9. 9.1. Documents: 10. 10.1. 10.1.a. Documents: 10.1.b. Documents: 10.1.c. Documents: 10.1.d. Documents: 10.2. Documents: 10.3. Documents: 11. 12. APRIL 13, 2021PRE-COUNCIL WORKSHOP 5:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -5:00 p.m.Budget Workshop for Proposed Fiscal Year 2021 -2022 Annual BudgetPre-Council Workshop -6:00 pm2021 Legislature Update -Casey Hill, Red Hill StrategicRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527Link: https://us02web.zoom.us/j/88550162903?pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 885 5016 2903 Passcode (if needed): 416527Link:https://us02web.zoom.us/j/88550162903?pwd=mdezajfisdnkrhmvuuvvzvfxy1eyqt09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Vehicular Noise: A public hearing and discussion among Council Members and staff regarding actions the City can take to mitigate vehicular noise including: (1) a draft revision of the City's noise ordinance, (2) noise and speed limit enforcement, (3) a recreation opportunity spectrum analysis, and (4) City participation in noise mitigation efforts on public landsagenda summary - ordinance 2021 -07.pdfattachment 1 - draft noise control ordinance no. 2021 -07.pdfProposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use Calculationagenda summary - ordinance 2021 -08.pdfordinance 2021 -08.pdfAdministrative ReportsCity Manager UpdatesCOVID-19 UpdatesMayor and Council ReportsApproval of MinutesMinutes: March 23, 2021, Regular Meetingmin-cc -2021 -03 -23 draft.pdfMinutes: April 6, 2021, Special Meetingmin-cc -2021 -04 -06 draft.pdfOld BusinessProposed Ordinance 2021 -08: An Ordinance Amending the Municipal Sewer Rate Classification to Modify Institutions Including Churches and Government Facilities to be Calculated Using the Winter Water Rate Use CalculationBriefing and possible actionagenda summary - ordinance 2021 -08.pdfordinance 2021 -08.pdfNew BusinessConsent AgendaProposed Resolution 10 -2021: A Resolution Consenting to the Assignment and Delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1 Briefing and possible actionagenda summary - resolution no. 10 -2021.pdfattachment 1 - monument waste wastehauling franchise agreement.pdfattachment 2 - 2021 03 -23 swssd1 mws press release.pdfattachment 3 - mws -swssd assignment and assumption agreement - final.pdfattachment 4 - 2021 03 -29 letter to the city of moab re acquisition of monument waste services and transfer of solid waste services provider.pdfattachment 5 - resolution 10 -2021.pdfProposed Resolution 11 -2021: Designating Depositories for Moab City FundsBriefing and possible actionagenda summary - resolution 11 -2021.pdfresolution 11 -2021.pdfProposed Resolution 14 -2021: A Resolution Approving the Lot Line Adjustment of Property Located at 471 S Main Street, Moab, UT 84532Briefing and possible actionradcliffe lla petition cc agenda summary 041221.pdfexhibit 1 resolution 14 -2021 radcliffe lla petitiont 041221.pdfexhibit 2 vicinity map radcliffe lla 041221.pdfexhibit 3 recorded county plat radcliffe lla 041221.pdfexhibit 4 draft survey plat radcliffe lla 040721.pdfexhibit 5 parcel legal description.pdfexhibit 6 state code 10 -9a -608.pdfProposed Resolution 15 -2021: A Resolution Approving the Lot Consolidation of Properties Located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, UT 84532 Briefing and possible action two -mac lc petition cc agenda summary 041221.pdf exhibit 1 resolution 15 -2021 two mac lc 041221.pdf exhibit 2 vicinity map two -mac lc 041221.pdf exhibit 3 recorded county plat two -mac lc 041221.pdf exhibit 4 draft survey plat two -mac lc 041221.pdf exhibit 5 state code 10 -9a -608 - copy.pdf Proposed Resolution 17 -2021: A Resolution of the Moab City Council Approving an Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program Briefing and possible action agenda summary - resolution 17 -2021 community renewable energy anchor community and ila.pdf resolution 17 -2021 approving c -rep ila and anchor participation apr 2021_moab.pdf interlocal agreement c -rep mar 31 2021 - 8 anchors.pdf Proposed Ordinance 2021 -07: Noise Control - DRAFT Discussion and request for direction to staff agenda summary -ordinance 2021 -07.pdf attachment 1 -draft noise control ordinance no. 2021 -07.pdf attachment 2 -moab municipal code -noise.pdf attachment 3 -city of ogden noise ordinance.pdf attachment 4 -grand county draft noise ordinance.pdf attachment 5 -uca 10 -3 -703 criminal penalties for violation of ordinance --civil penalties prohibited --.pdf attachment 6 -sand flats utv plot 14 oct 20.pdf attachment 7 -fhwa remel graph of vehicle noise emissions.pdf attachment 8 -40 cfr 205152 -noise emission standards cfr us law lii legal information.pdf attachment 9 -40 cfr 20552 -vehicle noise emission standards cfr us law lii legal info.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.3.1.4.5.5.1.Documents:5.2.Documents:6.6.1.6.1.a.7.8.8.1.Documents:8.2.Documents:9.9.1.Documents:10.10.1.10.1.a.Documents:10.1.b.Documents:10.1.c.Documents:10.1.d. Documents: 10.2. Documents: 10.3. Documents: 11. 12. 1 Moab City Council Agenda Item Meeting Date: April 13, 2021 Item: City of Moab Noise Control Ordinance 2021-07 - initial draft for consideration Staff Presenter: Laurie Simonson, City Attorney Disposition: Discussion and request for direction to staff Attachments: - Attachment 1: Draft City of Moab Noise Control Ordinance 2021-07 - Attachment 2: Current City of Moab Noise Ordinance (Moab Municipal Code Chapter 8.24) - Attachment 3: City of Ogden Noise Ordinance - Attachment 4: Grand County Draft Noise Ordinance - Attachment 5: Utah Code Annotated §10-3-703 - Attachment 6: Sand Flats UTV Plot - Attachment 7: FHWA Remel Graph of Vehicle Noise Emissions vs. Speed - Attachment 8: 40 Code of Federal Regulations §205.152 - Attachment 9: 40 Code of Federal Regulations §205.52 Background: The purpose of this draft Noise Control Ordinance (“Ordinance”) is to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of the citizens of Moab or degrade their quality of life. The City of Moab has the authority to regulate noise pursuant to authority granted by state statute and by the City’s inherent police power as noise pollution and excessive noise are health and safety issues. (See Attachment 1 at page 3.) This Ordinance, if adopted, is intended to replace the City’s current noise regulations found in Moab Municipal Code, Chapter 8.24. Attachment 2 reflects the City’s current noise regulations. (Please note that Attachment 2 – Current City of Moab Noise Ordinance does not reflect the correct Chapter number for the current noise regulations. This is because at the March 23, 2021 City Council meeting, the Council adopted Ordinance 2021-04 moving 2 the City’s noise regulations from Chapter 17 “Zoning” to Chapter 8 “Health and Safety” and so the correct numbering for the City’s current noise regulation is Chapter 8.24. At the time of drafting this Agenda Summary, this change was not yet reflected in the City’s Municipal Code as it does take time by our Code codifiers to make these changes.) The City’s noise consultant, Les Blomberg of the Noise Pollution Clearinghouse, reviewed the City’s current noise regulations and believed that the current regulations needed to be updated to more current community standards and thus recommended a revision of the City’s noise regulations in total. However, should the Council desire not to repeal the City’s current noise regulations in their entirety, the Council has the authority to repeal and replace portions of the current noise regulations as it sees fit. The provisions of this Ordinance are the result of collaboration with the OHV/ATV community (local business owners, Ride with Respect, the Motorized Trail Commission) and the County and Utah State University. Staff would also like to thank local OHV and ATV business owners for their time in meeting with the City Manager regarding this important issue. The provisions of this Ordinance are based upon: (1) previous input and direction from the City Council; (2) input from the OHV/ATV community; (3) the Environmental Protection Agency’s Model Community Noise Control Ordinance; (4) the City’s prior Noise Ordinance (Moab Municipal Code Chapter 8.24) (Attachment 2); (5) the Noise Ordinance from the City of Ogden (Attachment 3); (6); the County’s draft noise control ordinance (Attachment 4); consultation provided by Les Blomberg of the Noise Pollution Clearinghouse; (7) constraints placed on the City by state and federal law. The provisions of this Ordinance, and specifically some of the decibel limits, are similar to those found in other communities. For example, the City of Ogden, UT’s noise ordinance has a 55 dBA maximum sound level for residential receiving land use from 7:00 a.m. to 10:00 p.m. and a 50 dBA limit from 10:00 p.m. to 7:00 a.m. which are the same as proposed in this draft Ordinance. (See Attachment 3 at page 4 and Attachment 1 at page 11.) The City of Ogden’s maximum sound levels for non-residential receiving land uses are higher than those propose by this Ordinance but this Ordinance’s recommended maximum sound levels for non-residential receiving land uses are based upon the recommendation of the City’s noise consultant, Les 3 Blomberg. The City of Ogden’s maximum allowable noise sound pressure levels for motor vehicles weighing less than 10,000 pounds is 80 dBA measured from 25 feet. (See Attachment 3 at page 7.) This is consistent with the dBA level proposed in this Ordinance during the times of 8:00 a.m. to 8:00 p.m. (See Attachment 1 at page 14.) This Ordinance does propose a 78 dBA maximum allowable noise sound pressure levels for motor vehicles weighing less than 10,000 pounds from 8:00 p.m. to 8:00 a.m. Note that the City of Ogden’s noise ordinance does have hours restrictions for maximum allowable noise sound pressure levels for motor vehicles weighing more than 10,000 pounds. (See Attachment 3 at page 7.) The City of Ogden’s enforcement section (12-14-10) indicated that a violation of the ordinance is a Class B misdemeanor which is consistent with this Ordinance. (See Attachment 3 at page 8 and Attachment 1 at page 16.) The decibel limits proposed in this Ordinance are also consistent with those proposed by Grand County. For example, the County has proposed a 92 dBA limit measured by a 20” stationary test for ATVs manufactured in 2021 or earlier (and then phases in more restrictive maximum sound pressure levels over time). (See Attachment 4 at page 10.) This Ordinance proposes a 92dBA limit for motor vehicles when measured by a 20” stationary test during daytime hours. (See Attachment 1 at page 13.) The County’s ordinance proposes a maximum sound pressure level of 80 dBA for vehicles weighing less than 10,000 pounds (and motorcycles) measured by a 25’ pass by test during daytime hours and 78 dBA for nighttime hours. (See Attachment 4 at page 10.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 14.) The County’s ordinance also proposes a maximum sound pressure level of 74 dBA for vehicles weighing less than 10,000 pounds (and motorcycles) measured by a 50’ pass by test during daytime hours and 72 dBA for nighttime hours. (See Attachment 4 at page 11.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 14.) The County’s nighttime hours (called “Restricted Hours” in their ordinance) are from 9:00 p.m. to 7:00 a.m. (and 9:00 p.m. to 9:00 a.m. on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10:00 p.m. to 6:00 a.m. (See Attachment 4 at page 8.) The proposed nighttime hours in this Ordinance are 8:00 p.m. to 8:00 a.m. based upon the rationale behind the initial draft 4 legislation (Senate Bill 168) that the City supported. The Council is certainly able to change the nighttime hours in this Ordinance as it deliberates this draft. The enforcement provisions of this Ordinance are consistent with the enforcement provisions of the draft County ordinance. Violation of the County’s ordinance is a Class B misdemeanor. (See Attachment 4 at page 15.) Violation of this Ordinance is a Class B misdemeanor. (See Attachment 1 at page 16. Section 8.24.080(A) “Violation.”) Note that state law limits the penalties that a municipality may impose for violation of a “moving traffic ordinance.” The City may not impose a civil penalty for a “moving traffic ordinance.” (See Attachment 5. UCA §10-3-703.) This Ordinance also includes recommendations made by the Motorized Trails Committee. City staff has met with the Motorized Trails Committee and its Chair, Clif Koonz would like to thank them very much for their time and input. This Ordinance includes input received from local OHV and ATV business owners at the Moab Chamber of Commerce listening sessions held on March 15 and 26, 2021. Local business owners felt that their fleets would comply with a 92 dBA stationary tailpipe test. Some local business owners indicated that they are also following a voluntary nighttime curfew for their rental fleets. Additionally, there was a strong sentiment conveyed at these listening sessions that the noise regulations adopted by the City and County be consistent. This Ordinance strives to achieve that goal. This Ordinance includes various options for the Council to consider to address vehicular noise such as a stationary test (20” tailpipe test), pass by test (at 25’ or 50’) and a compliance with EPA labeling requirements. The Council is at liberty to include all of these options in the Ordinance or just some of them. For purposes of reference regarding decibel levels for a pass by test, attached to this Agenda Summary are two pieces of data. The first is a plot of data obtained by Councilmember Duncan on San Flats Road on October 14, 2020 with decibel readings for passenger cars, SUV/van, Jeep, pickup truck, vehicle and trailer, big truck, motorcycle, Hummer, and UTV. (See Attachment 6.) The second is a graph of vehicle noise emissions vs. speed. This date is provided to give a general understanding of vehicle decibel readings. (See Attachment 7.) 5 Finally, it is important to note that by setting vehicle decibel limits, the City is not engaging in discrimination. Discrimination has a specific legal definition under Title VII of the Civil Rights Act. Title VII specifies certain protected categories. Vehicle ownership or operation is not a protected category under Title VII. Moreover, decibel limits for motorcycles and trucks over 10,000 pounds are already regulated by federal law. Street motorcycles or off-road motorcycles with engine displacements of 170 cc and lower manufactured in 1986 and thereafter are mandated by federal law to not exceed 80 dBA measured at 50 feet and street motorcycles manufactured from 1983 to 1985 cannot exceed 83 dBA measured at 50 feet. (See Attachment 8.) Off-road motorcycles with engine displacements greater than 170 cc manufactured in 1986 and thereafter are mandated by federal law to not exceed 82 dBA measured at 50 feet and street motorcycles manufactured from 1983 to 1985 cannot exceed 86 dBA measured at 50 feet. (See Attachment 8.) Vehicles in excess of 10,000 pounds manufactured in 1988 and thereafter are mandated by federal law to not exceed 80 dBA measured at 50 feet. Vehicles in excess of 10,000 pounds manufactured in from 1979 to 1987 are mandated by federal law to not exceed 83 dBA measured at 50 feet. (See Attachment 9.) This draft Noise Control Ordinance is presented to the Council for discussion and deliberation. The Council is at liberty to add to or remove portions of the Ordinance as it sees fit. Staff requests particular input as to the information contained in brackets in the draft Ordinance. 1 DRAFT - City of Moab Noise Control Ordinance 2021-07 8.24.010 Short Title 8.24.020 Declaration of Findings and Policy, Scope A. Declaration of Findings and Policy B. Scope 8.24.030 Terminology and Definitions A. Terminology B. Definitions 8.24.040 Prohibited Acts A. Noise Pollution Prohibited B. Specific Prohibitions 1. Radios, Television Sets, Musical Instruments and Similar Devices 2. Loudspeakers/Public Address Systems 3. Street Sales 4. Animals and Birds 5. Powered Model Vehicles 6. Motorboats 7. Compression Brakes 8. Tampering 8.24.050 Sound Levels by Receiving Land Use A. Maximum Permissible Sound Pressure Level B. Exemptions 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels B. Vehicle Maximum Sound Levels C. Motor Vehicle Horns and Signaling Devices D. Standing Motor Vehicles 8.24.070 Exceptions A. Emergency Exceptions B. Special Exceptions C. Exceptions for Time to Comply D. Appeals 2 8.24.080 Violation and Enforcement A. Violation B. Enforcement 8.24.090 Other Remedies 8.24.100 Severability 8.24.110 Effective Date 3 8.24.010 Short Title This Ordinance is titled and may be cited as the Noise Control Ordinance or Chapter of the City of Moab. 8.24.020 Declarations of Findings and Policy, Scope A. Declaration of Findings and Policy WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” NOW, THEREFORE, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. B. Scope This Chapter shall apply to the control of all noise originating within the limits of the City of Moab. 4 8.24.030 Terminology and Definitions A. Terminology All terminology used in this Chapter not defined below shall be in conformance with federal, state, and local law and applicable publications of the American National Standards Institute (ANSI) or its successor body. B. Definitions The following definitions shall apply to this Chapter: “Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Utah Code Annotated §4-1-109.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code §17.06.020.) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code §17.06.020.) “All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain. (Utah Code Annotated §41-22-2(2).) “All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. All-terrain type II vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102. (Utah Code §41-22-2(3).) “All-terrain type III vehicle” means any other motor vehicle, not defined in Utah Code §41-22-2, Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. All-terrain type III vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Utah Code §41-1a-102. (Utah Code 5 §41-22-2(4).) “A-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and Fast response setting. The level so read is designated dB(A) or dBA. “C-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the Fast response setting. The level so read is designated dB(C) or dBC. “Commercial Use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code §17.06.020.) “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights- of-way, structures, utilities or similar property. “Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger. “Emergency Work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency. “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors arc separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. “Harmful Industrial Noise” means noise as defined in Utah Code Annotated §34A-2-501. “Impulsive Sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Industrial Use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code §§17.36.010 - 020.) 6 “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Utah Code Annotated §41-6a-102. (Utah Code Annotated §41-1a-102(40).) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a- 1119; or a mobile carrier, as defined in Utah Code Annotated §41-6a-1120. (Utah Code Annotated §41-6a-102(40)(a)-(b).) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Utah Code Annotated §73-18-2) and any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Utah Code Annotated §41-1a-102(42) and §41-6a-102(41).) “Muffler or Sound Dissipative Device” means a device for abating sound of escaping gases of an internal combustion engine. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. “Noise Pollution” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; or (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. “Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all- terrain type II vehicle, all-terrain type III vehicle, or motorcycle.” (Utah Code Annotated §41-22-2(14).) “Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Utah Code Annotated §68-3-12.5(18).) “Places of Worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, synagogues, convents, monasteries, and mosques. (Moab Municipal Code §§17.06.020.) “Plainly Audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a 7 plainly audible sound. “Powered Model Vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket. “Public Roadway” means that portion of the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any state highways. (See Utah Code Annotated §41-6a-102(26) and (58).) “Public Space” means any real property or structures which are owned or controlled by a governmental entity. “Pure Tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. “Real Property Boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. “Residential Use or Dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code §§17.06.020.) “RMS Sound Pressure” means the square root of the time averaged square of the sound pressure, denoted Prms “Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound Level or Noise Level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof). “Sound Level Meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. 8 “Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. “Sound Pressure Level” (SPL) means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10µN/m). The sound pressure level is denoted Lp, or SPL and is expressed in decibels. “State of Emergency” means a condition in any part of the state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Utah Code Annotated 53-2a-102 (14)) or any occurrence or set or circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action. “Street-Legal All-Terrain Vehicle” or “Street-Legal ATV” means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. (Utah Code Annotated §41- 6a-102 (68).) “Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all- terrain vehicle, or motorcycle. “Weekday” means any day Monday through Friday which is not a legal holiday. 8.24.040 Prohibited Acts A. Noise Pollution Prohibited No person shall make, continue, or cause to be made or continued, any noise pollution. B. Specific Prohibitions The following acts, and the causing of the following acts, are declared to be in violation of this Chapter: 1. Radios, Television Sets, Musical Instruments, and Similar Devices Using, operating, playing, or permitting the use, operation, or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, personal sound system, vehicular sound system, or similar device which produces, reproduces, or amplifies sound: (a) Between the hours of [8:00 p.m. and 8:00 a.m.] the following day, in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [100] feet or more in any direction from the device or [100] feet or more from a real property boundary if on private property. This 9 prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Between the hours of [8:00 a.m. and 8:00 p.m.] in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [200] feet or more in any direction from the device or [200] feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) In such a manner as to be plainly audible at a distance of [100] feet or more in any direction when operated in or on a vehicle on a public roadway or public space, or in a boat on public waters. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; or (d) In such a manner as to create noise pollution to any person, other than the operator of the device, when operated on a common carrier. 2. Loudspeakers/Public Address Systems (a) Using or operating any loudspeaker, public address system or similar device: (1) between the hours of [8:00 p.m. and 8:00 a.m.] the following day, in such a manner as to create noise pollution or to be plainly audible across a real property boundary within a residential use; or (2) between the hours of [8:00 a.m. and 8:00 p.m. in such a manner as to be plainly audible [100] feet or more from a real property boundary within a residential use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Using or operating any loudspeaker, public address system, or similar device: (1) between the hours of [8:00 p.m. and 8:00 a.m.] the following day, on a public roadway or in a public space; or (2) in such a manner as to create noise pollution across a real property boundary of a public roadway or public space or to be plainly audible at [100] feet or more from the device. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) Using or operating any loudspeaker, public address system, or similar device in such a manner that the sound there from is plainly audible [200] feet or more from a real property boundary with a commercial or industrial use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 3. Street Sales The ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or 10 otherwise, and all performances and devices tending to the collection of persons on the streets or sidewalks of the City or the offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City. This prohibition does not apply to for activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 4. Animals and Birds Owning, possessing, or harboring any animal or bird which for continued duration (for example, more than [50] times per day) howls, barks, squawks, or makes other sounds which creates noise pollution or is plainly audible across a real property boundary of a residential use. 5. Powered Model Vehicles Operating or permitting the operation of powered model vehicles in such a manner as to create noise pollution across a real property boundary of a residential use or in a public space between the hours of [8:00 p.m. and 8:00 a.m.] the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 below and shall be measured at a distance of 50 feet from any point on the path of the vehicle. Maximum sound levels for residential property during the permitted period of operation, shall be governed by Table 1 below. 6. Motorboats Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of (a) [80] dBA at 50 feet; or (b) [70] dBA at any shoreline; or (c) [80] dBC at any shoreline. 7. Compression Brakes No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such a system or systems are used in an emergency to stop the vehicle. 8. Tampering The following acts, or causing the following acts, are prohibited: (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any muffler, noise control device, or element of design or noise label; (b) The use of a product, which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 11 8.24.050 Sound Levels by Receiving Land Use A. Maximum Permissible Sound Pressure Levels No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE Receiving Land Use Sound Level Limit Category Time (dBA) (dBC) (Residential, [7 a.m. to 10 p.m.] [55] [65] Public Space Agriculture, or [10 p.m. to 7:00 am] [50] [60] Other Non-Commercial or Non-Industrial) Commercial or [At all times] [60] [70] Industrial B. Exemptions The provisions of Table 1 shall not apply to: 1. Those activities already regulated by section 8.24.040(B) Prohibited Acts; 2. The un-amplified human voice; 3. Interstate railway locomotives and cars; 4. Vehicles crossing the property line accessing private property or public roadways; 5. Non-stationary farming equipment and all agricultural activities; 6. Emergency vehicles; 7. Bells or chimes from places of religious worship; 8. Noise resulting from lawful fireworks [and noisemakers] used for celebration of an official holiday; 9. Construction activities on weekdays between the hours of [7:00 am to 8:00 p.m. and Saturdays 8:00 a.m. to 6:00 p.m.] or as specified in the conditions of approval; 12 10. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of [8:00 a.m. to 8:00 p.m.]; 11. Snow removal; 12. The Moab Water Reclamation Facility; and 13. Activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 14. Any noise resulting from the maintenance of golf courses; 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels 1. A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise. A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. A person may not use a muffler cut-out, bypass, or similar device on a vehicle. (See Utah Code Annotated 41-6a-1626(1)(a)-(c).) 2. No person shall remove or render inoperative, other than for purposes of maintenance, repair, or replacement, any muffler, noise control device, or element of design or noise label. 3. No person shall use a vehicle which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 4. No person shall operate a motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. 5. No person shall operate an off-road motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. B. Vehicle Maximum Sound Levels 1. No person shall operate, or cause to be operated, a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from 13 the center of the lane of travel. 2. No vehicle owner shall allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 3. No person shall operate, or cause to be operated, a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 4. No vehicle owner shall allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 5. No person shall operate, or cause to be operated, a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 a.m. to 8:00 p.m.]. 6. No vehicle owner shall allow a person to operate a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 a.m. to 8:00 p.m.]. 7. No person shall operate, or cause to be operated, a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 p.m. to 8:00 a.m.] the following day. 8. No vehicle owner shall allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 p.m. to 8:00 a.m.] the following day. 14 TABLE 2 VEHICLE SOUND LIMITS (MEASURED AT 50 OR 25 FEET AT SPEED LIMITS LESS THAN 35 MPH) Vehicle Class 25 feet or more 50 feet or more Motor Vehicles 88 dBA 82 dBA of GVWR or GCWR of 10,000 lbs or more All other vehicles [80] dBA [8:00 a.m. - 8:00 p.m.] [74] dBA [8:00 a.m. - 8:00 p.m.] of GVWR or GCWR of [78] dBA [8:00 p.m. - 8:00 a.m.] [72] dBA [8:00 p.m. - 8:00 a.m.] less than 10,000 lbs C. Motor Vehicle Horns and Signaling Devices Sounding of any horn or other auditory signaling device on or in any vehicle on any public roadway or public space (except as a warning of danger as provided in the vehicle code, or pursuant to a special event permit) is prohibited. D. Standing Motor Vehicles No person shall operate or cause to be operated, any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than [5] minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public roadway or public space or within [500] feet of a residential use. 8.24.70 Exceptions A. Emergency Exceptions The provisions of this Chapter shall not apply to; (a) the emission of sound for the purpose of alerting persons to the existence of a state of emergency, or (b) the emission of sound in the performance of emergency work. B. Special Exceptions 1. The [City Manager or City Council] shall have the authority, consistent with this section, to grant special exceptions to this Noise Control Chapter. 2. Any person seeking a special exception pursuant to this section shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception 15 may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year) time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this Chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions. 5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections 1-4 above. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception. C. Exceptions for Time to Comply 1. Within 60 days following the effective date of this Chapter, the owner of any commercial or industrial source of sound may apply to the [City Manager] for an exception in time to comply with this Chapter. The [City Manager] shall have the authority, consistent with this section, to grant an exception, not to exceed 1 year from the effective date of this Chapter. 2. Any person seeking an exception in time to comply shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient 16 controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. 5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections 1-4 above, except that the [City Manager] must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply. D. Appeals Appeals of the decision of the [City Manager] on an application for an exception pursuant to Section B or C above shall be made to the [City Council]. Any appeal shall state the basis for the appeal. Decisions of the City Council may be made in writing or at a public meeting of the City Council. 8.24.080 Violation and Enforcement A. Violation [Any person who is found guilty of violating this Chapter, either by failing to do those acts required in this Chapter or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a 17 separate violation unless limited by Utah law.] B. Enforcement Any peace officer or code enforcement officer is authorized to enforce the provisions of this Chapter. 8.24.090 Other Remedies No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this Chapter or from other law. Furthermore, nuisances may be abated by Code Compliance. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager to abate any condition that exists in violation of this Chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Chapter shall be liable for all expenses incurred by the City in undertaking abatement. 8.24.100 Severability If any provision of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Chapter shall not be invalidated. 8.24.110 Effective Date This Ordinance shall take effect upon passage. Moab City Council Agenda Item Meeting Date: April 13, 2021 Title: Sewer rate change for Institutions. Presenter: Joel Linares Attachment(s): • Ordinance 2021-08 Suggested Motion: I move to adopt Ordinance #2021-08, “An ordinance amending the municipal sewer rate classification to modify institutions including churches and government facilities to be calculated using the winter water rate use calculation” Background/Summary: In the spring of 2019 religious institutions approached the City of Moab in an attempt to have their sewer rates reconsidered. These institutions were having their sewer rate calculated based on a commercial user rate. Commercial user sewer rates are calculated based on water usage on a month-to-month basis. Residential user sewer rates are calculated based on winter water usage. The religious institutions wished to use the residential calculation formally as they felt they were being billed for sewer for water that was being used for landscaping purposes and was not entering into the sewer system. CITY OF MOAB ORDINANCE NO. 2021-08 AN ORDINANCE AMENDING THE MUNICIPAL SEWER RATE CLASSIFICATION TO MODIFY INSTITUTIONS INCLUDING CHURCHES AND GOVERNMENT FACILITIES TO BE CALCULATED USING THE WINTER WATER RATE USE CALCULATION WHEREAS, the Moab City Council adopted Resolution 48-2017 on July 25, 2017 establishing new sewer rates for the City of Moab; WHEREAS, in that rate schedule, churches and government institutions were included in a commercial category. As such, their sewer rate is calculated using their water use based on the sewer rate studied indicating that use of water in a commercial setting will be discharged into the sewer system and treated at the water reclamation facility; WHEREAS, residential users have their sewer rates calculated using their winter water usage average. Their water use for the months of November, December, and January is averaged and that usage is used to calculate their sewer rate throughout the year; WHEREAS, after the City Council adopted that Resolution, several churches approached the City with the request that they have their sewer rate calculated using the winter water usage average; and WHEREAS, the churches showed that by using the monthly water calculation rate to set their sewage usage they were being charged for water that was not entering the sewer infrastructure. THEREFORE, the City of Moab enacts the following: 1. Purpose. The purpose of this ordinance is to enact sewer rates for churches and government institutions that uses the winter water usage calculation for sewer rates. 2. Churches and government institutions will have their sewage rate set each year using their water use for the months of November, December, and January. 3. These user’s classification as commercial users shall remain the same as set out in Resolution 48-2017. 4. Effective Date. This Ordinance shall take effect immediately upon passage, regardless, of the date of publication, and shall continue until repealed. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MOAB, THIS 13th DAY OF APRIL, 2021. ATTEST: ________________________________ ________________________________ Emily Niehaus Sommar Johnson Mayor City Recorder Page 1 of 7 March 23, 2021 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING March 23, 2021 The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID-19 pandemic and considering public health orders limiting in-person gatherings, the Moab City Council will continue to hold meetings by electronic means. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre-Council Workshop: Mayor Emily Niehaus called the Pre-Council Workshop regarding the Moab and Spanish Valley Regional Transportation Plan to order at 6:03 p.m. Participating remotely were Councilmembers Karen Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Recorder Sommar Johnson and Engineer Chuck Williams. Guests Joette Langianese and Joe Kingsley also participated. A video recording is archived at https://www.youtube.com/watch?v=JDrttEzVuk8. Engineer Williams began the workshop with an overview of projects concerning active transportation such as multi-use paths and frontage roads. He brought up the bypass issue and noted the Council’s presumed opposition to a bypass and the likelihood that the Utah Department of Transportation (UDOT) would retain the bypass in a placeholder position on the proposed project list. Williams described other elements of the plan, including a transit hub near the airport, electronic signage, a shuttle study, expansion of the Mill Creek parkway and a truck and recreational vehicle parking area north of Moab. He mentioned he had spoken with a UDOT representative about the Council’s likely endorsement of the overall plan without support for a bypass. Councilmember Jones asked about why only a portion of Kane Creek Road was identified for inclusion and questioned the proposed cost of frontage road improvements on Highway 191 south of the City limits. Mayor Niehaus clarified whether the Council could support the proposed plan excluding a bypass with a resolution. She also spoke about her impressions of the planning process. Ms. Langianese brought up a letter she wrote last fall with concerns regarding the process. She mentioned her impressions of limited, vague and confusing surveys and criteria development regarding the planning process. She noted language in the proposed plan that specified that UDOT could act without the consent of local governing bodies. She also mentioned a rural planning organization for Council consideration. Mr. Kingsley concurred with the prior comments. Mayor Niehaus stated that a letter to UDOT regarding the process will include gratitude for several ongoing projects. Councilmember Guzman-Newton mentioned the importance of including future rail service in the City’s list of potential projects and Williams stated he would try to include rail in the 25-50 year plan. Kingsley stated there was discussion regarding shuttle and transit projects but they appeared to be dropped from the plan. Williams explained there was confusion between the Hotspot plan and the regional transportation plan. Councilmember Duncan spoke about the Hotspot disconnect between UDOT and the City and reiterated the concern about the language specifying that UDOT could act without local government consent. Assistant Manager Castle stated that the purpose of the Regional Transportation Plan is to garner feedback for UDOT and that the bypass matter may not be in UDOT’s purview to remove from the plan. Councilmember Derasary brought up transparency Page 2 of 7 March 23, 2021 issues regarding the plan. She pointed out there was an understanding that the process would not advance without local input and she stated her concern about the lack of stakeholder input. She stated her hesitation about supporting a letter due to the changing significance of local input. Councilmember Jones brought up differences between the regional transportation plan and the rural long-range plan. Discussion ensued regarding improvements to the southern half of the La Sal Mountains Loop Road. Councilmember Duncan mentioned proposed future development on Kane Creek Road, stating he would discourage such development. Councilmember Derasary mentioned inclusion of light rail in any plans. Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to order at 7:04 p.m. Participating remotely were Councilmembers Guzman-Newton, Knuteson- Boyd, Derasary, Duncan and Jones. City staff participating remotely were Manager Linares, Assistant Manager Castle, Attorney Simonson, Recorder Johnson, Engineer Williams, Planner Nora Shepard and Assistant Planner Cory Shurtleff. A video recording is archived at https://www.youtube.com/watch?v=BtF9SrD_phk. For ease of public participation, Mayor Niehaus combined the Citizens to be Heard portion of the meeting with the two public hearings. Public Hearings: Councilmember Knuteson-Boyd moved to open two public hearings as described below. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Wastewater and Water Revenue Bonds: At 7:08 p.m., Mayor Niehaus opened a public hearing to allow public input regarding (a) the issuance and sale of not more than $7,000,000 aggregate principal amount of wastewater and water revenue bonds, series 2021; (b) any potential economic impact that the project described herein to be financed with the proceeds of the bonds issued under the act may have on the private sector; and all related matters. Affordable Housing Revenue Bonds: At 7:08 p.m., Mayor Niehaus opened a public hearing to allow public input regarding (a) the issuance and sale of not more than $8,500,000 aggregate principal amount of sales tax revenue and refunding bonds, series 2021; (b) any potential economic impact that the project described herein to be financed with the proceeds of the bonds issued under the act may have on the private sector; and all related matters. There were no comments related to the public hearings and, after Citizens to be Heard comments described below, at 7:26 p.m., Councilmember Jones moved to close the public hearings. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Citizens to be Heard: Recorder Johnson reported there were seven written comments submitted which are archived at https://moabcity.org/151/City-Council. Liz Ballenger stated she supports the resolution opposing a bypass and lives in the Mountain View subdivision. She said she did not believe the traffic issues in Moab were caused by trucks or through-traffic but rather by tourists. She said she would like to see semi-trucks off Main Street but not at the expense of her neighborhood or the Pipe Dream trail. She emphasized noise issues and noted UDOTs lack of interest in alternatives to the proposed bypass idea. She noted Page 3 of 7 March 23, 2021 the County’s recent adoption of a resolution opposing a bypass. She also thanked Council for consideration of support for continuation of the Colorado River pathway. Katherine Faye Holyoak stated she was opposed to a bypass in Moab and would consider one that would traverse the cliffs on the south side behind Mountain View, Doc Allen Drive and her own yard. She stated the proposed plan 1D would cross her property. She spoke of probable congestion and problems along the bypass routes recommended by UDOT and suggested another route down Potash road. She stated traffic on Main Street is dangerous and something needs to be done; she noted town has grown exponentially and putting it off will raise the cost in the future. Constance Brichford stated she lives in the Mountain View subdivision and requested the Council to formally oppose the bypass. She thanked Councilmember Jones for drafting the proposed resolution. She said any bypass would ignore the source of the traffic, which is visitation and that a fundamental rule of traffic and urban planning induced demand follows that building improved roads leads to more people driving on those roads. She stated a bypass would ignore the huge human costs of routing commercial traffic through residential neighborhoods, such as cancer and asthma. She said she does not agree that such tiny gains would be worth the health, happiness and financial stability of more than 100 families, and she would not wish that on any other neighborhood. Neal Clark stated he lives in the Mountain View neighborhood and supports the resolution opposing the bypass. He noted his participation as a biking representative in the regional transportation planning stakeholder group. He expressed his opinion that the process was terrible. He added his concerns about the National Environmental Protection Act (NEPA) as a tool for moving the process forward. He said it would not be a solution for the congestion nor would it analyze the best location for a bypass. He said the Council now has an opportunity to tell the community and UDOT that it supports the health and welfare of its residents and that it does not support the bypass alternatives that would go through the Mountain View neighborhood. He said the mythology of the bypass as a “silver bullet” to fix our congestion woes would only seem to siphon off resources and energy from creative solutions that will help us now. He compared the process to the Book Cliffs Highway. Michael Liss stated that taking the proposed bypass off the table is ludicrous. He said Highway 191 is a national highway running through the town. He said that to claim all the traffic is tourism-based is not so. He mentioned the noise on Main Street and its impact on the health of the community. He agreed with an earlier caller who suggested the route needs to bypass the entire town. He urged the Mayor and Council to save the heart and soul of the town so people can walk and talk again and be in the center of the town; he concluded by stating that taking the bypass off the table unilaterally makes no sense. Administrative Report: 20:20-44:29 City Attorney Simonson brought up aspects of the Moab Municipal Code (MMC) that define cycles and motorized vehicles and her intention to bring the MMC more in line with state code. Mayor Niehaus noted the definitions will pertain to discussions about e-bikes on the parkways. City Manager Linares mentioned the forthcoming conference of the League of Cities and Towns in St. George. He remarked on progress on institutional sewer rates and how it relates to the moratorium on nightly accommodations and impact fees and bond payments. He said he had met with all owners of local off-highway vehicle rental companies with an eye toward an upcoming noise workshop. He gave mentioned progress on the strategic planning process, Page 4 of 7 March 23, 2021 announced an imminent recap of the legislative lobbying efforts, briefed Council on upcoming short-term plans for the Highway 191 widening project and conveyed the budget progress. Councilmember Derasary mentioned the need to ensure a clear path for emergency vehicles during all stages of the road construction project. Linares also updated Council on the COVID response currently in place at City Hall. Resuming in-person council meetings was discussed and it was determined that April 27 would be the target date to resume in-person or hybrid meetings. Mayor and Council Reports: 44:32-1:28:00 Mayor Niehaus mentioned the upcoming visit of Congressman John Curtis. She reported on her recent economic development retreat with the Southeastern Utah Association of Local Governments (SEUALG) and indicated Assistant Manager Castle would be the point person for future discussions regarding economic development. She reviewed a meeting with the developer of the land adjacent to the new Utah State University (USU-Moab) campus. She mentioned the development of a “Moab app” and data collection by USU-Moab to assess recreational user groups. She asked council about their consent to write a letter of support about a shuttle to Salt Lake City and there was no opposition from Council. Councilmember Guzman-Newton brought up an existing plan to submit such a letter in collaboration with the County. Councilmember Derasary reported on activities of the Emergency Medical Services (EMS) Special Service District. She noted increased call volume to EMS, a new community paramedics program known as Moab Integrated Healthcare, which may include home healthcare for cancer patients, and mentioned the successful vaccination of EMS employees. She said there was a possibility that EMS personnel might assist with vaccinations. She noted her interest in having the Director of EMS give a brief report to Council on 2020 activities. She reported on her work on a League of Cities and Towns grant panel recommending distribution of $6 million to 40 rural EMS districts. She reported on a Systems of Care Committee meeting for Grand and San Juan Counties and pointed out the aim of the group is to keep families intact so children who are struggling do not leave the community to enter residential care. She mentioned a meeting of Mountain Town Solutions regarding climate action plans and indicated Assistant Manager Castle would be the contact person for the project to create or improve climate action plans. She recounted citizen complaints she had received regarding a lack of facemask compliance at ballpark events, off-leash dogs at Rotary Park and the need for fire restrictions. She thanked staff for their attention to streets with no speed limit signs. She brought up the prospect of teen vaccinations for COVID-19. Discussion ensued regarding speed limits throughout the City. Councilmember Duncan reported on a recent meeting of the Moab Area Watershed Partnership (MAWP) at which the United States Geological Survey (USGS) presented their latest hydrology study, which indicates the local aquifer is being drawn down at the same rate that it is being recharged. He said the City should get serious about how much water we allocate. He stated the Regional Water Engineer wants to wait for the completion of the Groundwater Management Plan, which could take a couple of years and meanwhile we have many new subdivisions. He also described a vehicle noise measurement device he had invented with assistance from the Mayor’s son. Councilmember Knuteson-Boyd reported on meetings she attended for the Canyonlands Care Center Special Service District, the Museum board and the Housing Authority. She mentioned archeological studies that have impacted the Arroyo Crossing development. Councilmember Guzman-Newton mentioned she was invited by the County Commission Chair to sit on a committee tasked with securing federal funding for the Highway 128 bike path, and Page 5 of 7 March 23, 2021 she in turn invited the City Attorney to participate as well. She indicated there were several meetings and a resulting proposed ordinance would be introduced later in the meeting. She reported on Chamber of Commerce activities including “hot topic” lunchtime discussions regarding off-highway vehicles (OHVs). She indicated some of the ideas involved routes, signage, trailheads and education. She said the next four weeks of discussions would delve deeper into those topics as well as noise. Guzman-Newton gave a pitch for the annual Chamber golf tournament that raises money for local student scholarships. She next mentioned a program she discussed with UDOT that funds active transportation infrastructure. She added the grant application due date was imminent. She concluded with remarks about her efforts to explore a route for the shuttle study. Councilmember Jones reported on a plan of the Solid Waste Special Service District to purchase Monument Waste. He explained the background of the change and answered questions about potential impacts on the City’s franchise agreement, curbside recycling, the potential for requiring County residents to participate in waste hauling, the solvency of the District, the welfare of the existing 20 employees, the motivation for the sale, and more. Jones explained consultants had been hired to vet the process and examine the financials of the seller. City Manager Linares thanked the owners for their excellent community partnership. Approval of Minutes: Motion and Vote: Councilmember Guzman-Newton moved to approve the minutes for the March 9, 2021, Regular Meeting and the March 10 and 11, 2021 Special Meetings. Councilmember Derasary seconded the motion. Councilmembers Guzman-Newton and Derasary stated they sent corrections to the Recorder. The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting aye. Old Business: Mayor Niehaus moved Old Business to follow New Business. New Business: Finance Director Appointment—Approved Motion and Vote: Councilmember Duncan moved to approve Resolution 09-2021, confirming the appointment of Ben Billingsley as the City Finance Director; and authorizing the Mayor to execute an Employment Agreement between the City of Moab and Ben Billingsley. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. 3rd Street Townhomes plat—Approved Motion: Councilmember Jones moved to approve Resolution #06-2021, A Resolution Approving the Townhome Plat Application for the 3rd Street Townhomes, property located at 116 South 300 East, Moab UT 84532. Councilmember Guzman-Newton seconded the motion. Discussion: Councilmember Derasary asked about how the application was addressed in the Moab Municipal Code. Planner Shepard explained the code is unclear regarding which entity is the approval authority. Mayor Niehaus stated her endorsement of density in the R-3 zone. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Noise Ordinance Relocation to Title 8—Approved Motion: Councilmember Derasary moved to approve Ordinance No. 2021-04 - A Text Amendment Removing Chapter 17.74 “Noise” From Title 17 “Zoning” of the Moab Municipal Code (“MMC”) and Relocating the Noise Provisions to Title 8 “Health and Safety” by Creating Page 6 of 7 March 23, 2021 Section 8.24 of Title 8 “Health and Safety.” Councilmember Duncan seconded the motion. Discussion: Councilmember Jones thanked staff for assistance in making the change. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Land Use Regulations Amendments—Approved Motion: Councilmember Jones moved to approve Ordinance No. 2021-05 - An Ordinance Defining the Point in Time at Which the City of Moab Formally Initiates Proceedings to Amend Its Land Use Regulations. Councilmember Guzman-Newton seconded the motion. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Colorado River Pathway—Approved Motion: Councilmember Knuteson-Boyd moved to approve Resolution No. 07-2021 Expressing Support for Pursuing the Funding for and Construction of Future Phases of the Colorado River Pathway Located in Grand County, Utah. Councilmember Duncan seconded the motion. Discussion: It was pointed out that the continuation of the bike path was expensive and Councilmember Guzman-Newton and Attorney Simonson would work to secure federal funding for the proposed $8.5 million project. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Highway 191 Bypass Position—Approved Motion: Councilmember Jones moved to approve Resolution No. 08-2021 - A Resolution Stating the City of Moab’s Position on Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools for Downtown Main Street Traffic Mitigation. Councilmember Derasary seconded the motion. Discussion: Mayor Niehaus stated that non-support for the bypass did not eradicate that option. She added that fixing Main Street is not the goal, and she stated it is not broken and Moab is a nice place and there are quality of life concerns to be addressed. Councilmember Guzman-Newton stated that UDOT has listened, as evidenced by the Hotspot planning and the proposed shuttle system. She added it is not forward thinking to take the bypass off the books. She stated her desire for future leaders to be able to sit at the table for the discussions. She mentioned that UDOT is supportive of other projects, which are included in plans. She concluded by stating that taking the bypass out of the plan is shortsighted. Vote: The motion passed 4-1 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Duncan voting aye and Councilmember Guzman-Newton voting nay. Old Business: Technical Planning Assistance Program Funds—Approved Motion: Councilmember Duncan moved to reconsider the vote by the Moab City Council on March 9, 2021 regarding the Interlocal Agreement by and between the City of Moab and Grand County with respect to joint planning for and funding of the technical planning assistance program funds cooperative agreement. Councilmember Jones seconded the motion. Discussion: Councilmember Jones stated he had conferred with Engineer Williams and believes it is a good idea. Councilmember Derasary asked about the hiring of a consultant. Engineer Williams stated the scope of work was being developed with the County. Councilmember Guzman-Newton appreciated the funding for on-the-ground planning. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Page 7 of 7 March 23, 2021 Approval of Bills Against the City of Moab: Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $1,312,320.93. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and Knuteson-Boyd voting aye in a roll call vote. Executive Session: Councilmember Knuteson-Boyd moved to enter an Executive Closed Session to discuss reasonably imminent and/or pending litigation. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Emily Niehaus convened the Executive Closed Session at 9:04 p.m. Councilmember Derasary moved to end the Executive Closed Session. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus ended the Executive Closed Session at 9:24 p.m. Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 9:24 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 1 April 6, 2021 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL MEETING April 6, 2021 Moab City Council held a Special Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the COVID-19 pandemic, Moab City Council held this meeting by electronic means. An audio recording is at http://www.utah.gov/pmn/index.html; a video recording is archived at https://www.youtube.com/watch?v=19QXy98hTjU. Mayor Emily Niehaus called the Special Meeting to order at 6:06 p.m. Participating remotely were Councilmembers Rani Derasary, Karen Guzman-Newton, Tawny Knuteson-Boyd, Mike Duncan and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Finance Director Ben Billingsley, Interim Finance Director Rachel Stenta, Human Resources Director Dani Guerrero and Recorder Sommar Johnson. Presentation of Proposed Fiscal Year End 2022 Budget Interim Finance Director Stenta presented an overview of the City’s finances for the fiscal year ending in June of 2020, the current fiscal year, and the proposed financial status for the upcoming fiscal year, which will end in June 2022. Stenta explained that the COVID-19 pandemic had a significant impact on the City’s revenues and operations. She gave a synopsis of the various funds and expense categories and described revenue losses and resulting reduced expenses. Mayor Niehaus thanked staff for hard work and tough decisions, which resulted in a relatively minor overall loss of 4.8 percent. Councilmember Duncan concurred that the effective actions of the staff demonstrated that government could tighten its belt when needed. Stenta detailed revenues and expenses for the recreation budget and concerns regarding the sewer and water funds. Scenarios regarding a proposed municipal property tax were considered. A proposed 1.8 percent Cost of Living Adjustment for personnel was mentioned. Adjournment: Mayor Niehaus adjourned the meeting at 7:30 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: April 13, 2021 Title: Sewer rate change for Institutions. Presenter: Joel Linares Attachment(s): • Ordinance 2021-08 Suggested Motion: I move to adopt Ordinance #2021-08, “An ordinance amending the municipal sewer rate classification to modify institutions including churches and government facilities to be calculated using the winter water rate use calculation” Background/Summary: In the spring of 2019 religious institutions approached the City of Moab in an attempt to have their sewer rates reconsidered. These institutions were having their sewer rate calculated based on a commercial user rate. Commercial user sewer rates are calculated based on water usage on a month-to-month basis. Residential user sewer rates are calculated based on winter water usage. The religious institutions wished to use the residential calculation formally as they felt they were being billed for sewer for water that was being used for landscaping purposes and was not entering into the sewer system. CITY OF MOAB ORDINANCE NO. 2021-08 AN ORDINANCE AMENDING THE MUNICIPAL SEWER RATE CLASSIFICATION TO MODIFY INSTITUTIONS INCLUDING CHURCHES AND GOVERNMENT FACILITIES TO BE CALCULATED USING THE WINTER WATER RATE USE CALCULATION WHEREAS, the Moab City Council adopted Resolution 48-2017 on July 25, 2017 establishing new sewer rates for the City of Moab; WHEREAS, in that rate schedule, churches and government institutions were included in a commercial category. As such, their sewer rate is calculated using their water use based on the sewer rate studied indicating that use of water in a commercial setting will be discharged into the sewer system and treated at the water reclamation facility; WHEREAS, residential users have their sewer rates calculated using their winter water usage average. Their water use for the months of November, December, and January is averaged and that usage is used to calculate their sewer rate throughout the year; WHEREAS, after the City Council adopted that Resolution, several churches approached the City with the request that they have their sewer rate calculated using the winter water usage average; and WHEREAS, the churches showed that by using the monthly water calculation rate to set their sewage usage they were being charged for water that was not entering the sewer infrastructure. THEREFORE, the City of Moab enacts the following: 1. Purpose. The purpose of this ordinance is to enact sewer rates for churches and government institutions that uses the winter water usage calculation for sewer rates. 2. Churches and government institutions will have their sewage rate set each year using their water use for the months of November, December, and January. 3. These user’s classification as commercial users shall remain the same as set out in Resolution 48-2017. 4. Effective Date. This Ordinance shall take effect immediately upon passage, regardless, of the date of publication, and shall continue until repealed. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MOAB, THIS 13th DAY OF APRIL, 2021. ATTEST: ________________________________ ________________________________ Emily Niehaus Sommar Johnson Mayor City Recorder 1 Moab City Council Agenda Item Meeting Date: April 13, 2021 Item: A Resolution Consenting to the Assignment and Delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1 Staff Presenter: Laurie Simonson, City Attorney Attachments: - Attachment 1: Franchise Agreement for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal Between the City of Moab and Monument Waste Services, LLC dated March 14, 2019; - Attachment 2: March 23, 2021 Notice of Pending Acquisition and Transfer of Solid Waste and Recycling Collection Service Provider - Attachment 3: Assignment and Assumption Agreement - Attachment 4: March 29, 2021 Letter to the City from the Solid Waste Special Service District #1 - Attachment 5: Resolution 10-2021 Proposed Motion: “I move to consent to the assignment and delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC. for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1.” Background: Pursuant to Moab Municipal Code §8.04.020, solid waste shall only be collected within the City limits by an approved contractor pursuant to the terms of a solid waste collection franchise agreement with the City. 2 Monument Waste Services, LLC (“Monument Waste”) currently provides the City of Moab with solid waste, recycling collection and disposal services pursuant to the Franchise Agreement for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal Between the City of Moab and Monument Waste Services, LLC (“Franchise Agreement”) dated March 14, 2019. (Attachment 1.) On Friday, April 30, 2021, the Solid Waste Special Service District #1 (“District”) will acquire certain assets of Monument Waste including its solid waste and recycling collection services as well as its transfer station operations in Grand County and Moab, Utah. Effective Saturday, May 1, 2021, the District will begin providing route collection services and assume the operations of the solid waste transfer station located at 2295 South Highway 191, Moab, Utah 84532. (Attachments 2 and 4.) The Franchise Agreement between the City of Moab and Monument Waste allows for assignment and delegation of the Agreement with the prior written consent of the City. Specifically, the Agreement at paragraph 10 states: “This Agreement is a contract for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City.” (Attachment 1 at page 4.) Monument Waste has provided the Assignment and Assumption agreement that will be signed on the acquisition date of April 30, 2021. (Attachment 3.) Therefore, Resolution 10-2021 will serve as the prior written consent of the City as required by paragraph 10 of the Franchise Agreement. (Attachment 5.) TABLE OF CONTENTS Franchise Agreement Attachment 1: General Specifications 1. Provision of Services Generally 2. Service Provider's Designated Single Point of Contact 3. Hours of Work 4. Residential Curbside Operational Requirements 5. Commercial Operational Requirements 6. Municipal Facilities Operational Requirements 7. Security Clearance and Worker Identification Requirements for City Facilities S. Reporting 9. Billing 10. Additional Provisions Attachment 2: Rates and Fees 1. Residential and Commercial Service 2. Municipal Facilities Service 3. Transfer Station Fees for City Departments Attachment 3: Materials Approved for Recycling Attachment 4: Audit and Reporting Protocols Attachment 5: Insurance Requirements. 1 FRANCHISE AGREEMENT FOR RESIDENTIAL, MUNICIPAL AND COMMERCIAL SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL This agreement ("Agreement") is made and entered into the day and year set forth below by and between the City of Moab, Utah, a Municipal Corporation, ("City"), and Monument Waste Services, LLC ("Service Provider"), collectively "Parties". WHEREAS, the City is mindful of its duties and responsibilities to protect and maintain the public health, including the regulation and control of collection and disposal of solid waste in the City, and has determined that the best interest of the City would be served by the employment of Service Provider for this purpose; and WHEREAS, Service Provider is willing to render the service of collection and disposal of solid waste and residential recycle within the City upon the terms and conditions set out below; In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide solid waste collection and recycling services in accordance with the scope of services attached hereto as "General Specifications" (Attachment 1) and the other referenced attachments incorporated by this reference. Service Provider shall be solely responsible for performance of all duties hereunder. 2. Payment. A11 rates, fees, and other monetary arrangements owing between the parties are enumerated in Attachment 2, incorporated herein. Service Provider agrees that it shall not negotiate or attempt to collect separate rates or other charges with individual customers, or otherwise modify the price or terms of service without the express written agreement of the City. 3. Rate Modification. Service Provider may apply to the City in writing for consideration of a special rate review should an unforeseen event or circumstance arise which jeopardizes the economic operations of the Service Provider. A special rate review application shall be considered at the request of the Service Provider if one or more of the following occurs: a. Landfill tip fees change by more than five (5) percent; or b. Accumulative operating costs over which Service Provider has no control change by more than ten (10) percent. Any change in rates shall be at the discretion of the City Council. At least fifteen (15) days prior to any decision by the City Council, the Service Provider shall submit to City staff complete and accurate financial data showing its operating costs, revenues, and rate of -return for operations under this Agreement. City staff may request, and Service Provider agrees to provide, other or additional records as may be necessary to fully review Service Provider's operations and rate requests. All such financial information submitted to the City shall be kept confidential. 2 The City Council may grant a special rate request, or grant the request in part. The Council shall not unreasonably withhold granting the request in part or in full. Any change in customer rates shall be confirmed in a written amendment to this Agreement, which shall take effect no sooner than thirty (30) days from the date of the Council decision. Special rate review requests notwithstanding, the City Council shall review trash and recycling service rates annually as part of its regular budgeting process. 4. Term. This Agreement shall commence March 1, 2019, and shall continue in full force and effect until May 31, 2024, unless sooner terminated as herein provided (the "Initial Term"). However, the residential rate changes incorporated herein shall not take effect until June 1, 2019. In addition, at the option of the City, the Agreement may be extended for up to two (2) additional five-year periods. Written notice of extension shall be provided to the Service Provider no later than thirty (30) days prior to expiration of the preceding term. 5. Force Majeure. If either party is prevented in whole or in part from performing its obligations under this Agreement by unforeseeable causes beyond its reasonable control and without its fault or negligence, e.g. due to strike, fire, flood, extreme weather event, or similar causes, then the party so prevented shall be excused from whatever performance is prevented by such cause, provided that it resumes full performance immediately upon cessation of the intervening force or event. To the extent that a force majeure event prevents solid waste collection or recycling services from being performed, the Service Provider must provide written notice to the City of such condition within three (3) days from the onset of such condition. If the force majeure event continues for twenty (20) consecutive days or more, then either party may terminate this Agreement without further liability. 6. Early Termination by City/Notice. Notwithstanding the terms contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least eight (8) months prior to the termination date contained in said notice. In the event of termination without cause by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to any other claims arising under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall be the point of contact between the City and the Service Provider on matters related to this Agreement. The City may designate successor representatives from time to time. The City representative shall not have the authority to waive or modify the terms of this Agreement. 3 8. Independent Contractor. The relationship between the parties is that of independent contractors. Neither party shall have the authority to act for, or otherwise bind the other with respect to this Agreement or any other matters. 9. Subcontractors. All work provided under this Agreement shall be provided by Service Provider. Service Provider shall not subcontract all or any part of the work set forth in this Agreement without the prior written consent of the City, and any such consent shall be committed to its sole discretion. 10. Personal Services. This Agreement is a contract for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's and/or Service Provider's approval or acceptance of, or payment for any of the services under this Agreement shall not be construed to operate as a waiver of any rights provided to the parties under this Agreement or any cause of action arising out of this Agreement. The failure to invoke remedies with respect to any particular act or omission constituting a breach shall not be regarded as a waiver with respect to any other or successive act or omission constituting a breach. 12. No Third -Party Beneficiaries. The parties to this Agreement are as identified in in the first paragraph. There are no known or intended third party beneficiaries, an no other persons shall have any rights to enforce this Agreement. 13. Integration/Modification. This Agreement is the sole and complete agreement of the parties and supersedes all prior oral or written agreements, representations, or promises between the parties. This Agreement may only be modified in a writing duly executed by both parties in the same manner as set forth on the signature page, below. 14. Immunity. The City, as a Utah governmental entity, possesses certain immunities by law, including immunity under the Utah Governmental Immunity Act, U.C.A. § 63G-7-101, et seq. Nothing in this Agreement waives or abrogates any legal immunities possessed by the City. 15. Interpretation. This Agreement is the product of mutual bargaining. It shall be interpreted in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. 16. Severability. If any term or provision of this Agreement shall be found to be unlawful or unenforceable, it shall be stricken, and the remainder of the document shall be enforced in accordance with its terms without invalidating the entire Agreement. 17. Notice. Notice under this Agreement shall be valid if sent by United States First Class mail, personal delivery, or courier to the address designated below. Email notice is acceptable if 4 it is followed by written notice in the manner otherwise provided in this section. The parties may alter their address for notice at any time upon delivery of written notice to the other stating the new address. The addresses of the parties are as follows: City of Moab 217 East Center Street Moab, UT 8452 Attn: City Manager Email: Deveritt@moabcity.orgmoabcity.org 435) 259-5121 Monument Waste Services, LLC 2295 South Highway 191 Moab, UT 84532 Email: dan@monumentwaste.com 435) 259-6314 18. Default. Each term and condition hereof shall be deemed a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 19. Remedies. Prior to invoking any remedies for breach, the non -breaching party shall first deliver written notice to the other party identifying the act, omission, or event constituting a default and allowing the other party a period of not less than seven (7) calendar days in which to cure or abate same. Cure within that time period shall reinstate all rights of the parties under this Agreement. In the event that a default is not timely cured the non -breaching party is not required to deliver multiple or successive notices of default. In the event a default or breach remains uncorrected, the party providing notice may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) pursue any other remedy at law or equity. a. In any suit arising under this Agreement the court shall award the substantially prevailing party its reasonable attorney fees and court costs in addition to any other relief. b. Neither party shall be liable to the other party for consequential damages, lost profits, non -economic damages, or similar relief that might otherwise be claimed as a result of breach. c. In the event that residential service default(s) remain uncured, the City may assess liquidated damages against the Service Provider, which sums may be deducted as against sums otherwise payable to Service Provider or collected by other means. Should the daily average of missed residential service pickups exceed one percent 1%) of the total of residential accounts, then the City may assess, and the Service Provider shall pay, liquidated damages in the amount of ten dollars ($10.00) 5 multiplied by the number of missed residential pickups. Should the daily average of missed residential service pickups exceed two percent (2%) of the total of residential accounts, then the City may assess, and Service Provider shall pay, liquidated damages in the amount of twenty dollars ($20.00) multiplied by the number of missed residential pickups. The parties agree that the calculation of actual damages in the case of missed residential service pickups may be difficult to calculate with certainty. These liquidated damages are agreed to be reasonable and not a penalty. d. The parties may combine or pursue multiple or alternative remedies as may fit the circumstances of the breach. Should either party seek injunctive relief it may obtain that relief without the necessity of posting a bond to secure same. 20. Indemnity/Insurance The Service Provider agrees to indemnify and hold the City, its officers, agents and employees harmless from any and all actions, suits, claims, demands or liability of any character whatsoever, including reasonable costs of defense, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection with the acts or omissions of Service Provider, its officers, agents, or employees under this Agreement. Service Provider shall provide and maintain for the duration of this Agreement insurance coverage of the types and with the limits specified within Attachment 5, as attached and incorporated by this reference. Before commencing services, the Service Provider shall deliver to the City a copy of certificates of insurance evidencing the insurance coverage required by this Agreement. With the exception of worker's compensation coverage, all insurance policies required to be maintained by the Service Provider shall name the City as an additional insured. 21. Confidentiality. Service Provider acknowledges that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. Unless otherwise specifically agreed in writing, Service Provider agrees to keep and maintain all information provided to it by the City confidential, and not disclose or use same for any purposes unrelated to performance of this Agreement. All document disposal, shredding, or similar services provided by Service Provider shall be performed in such a manner that all confidential information is destroyed or rendered unreadable. 22. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required. The City shall have no obligation to continue the Agreement in any fiscal year for which no such supporting appropriation has been made. 6 23. Performance in Conformity with Law. All operations of the Service Provider, including all solid waste disposal and recycling operations, shall be performed in conformity with applicable federal, state, and local laws and regulations. All materials delivered for disposal or recycling shall be disposed of at lawfully licensed and approved facilities, and in accordance with all applicable regulations. 24. Safety. All Service Provider operations shall be performed in conformity with applicable workplace safety regulations. Service Provider shall assure that its employees are properly trained in the use of its equipment and in safe operating practices, and that all employees possess valid driver's licenses of a type applicable to the equipment they operate. Service Provider shall take appropriate personnel action against its employees who are found to engage in unsafe or unauthorized workplace behavior. a. Equipment and vehicles used by Service Provider shall at all times be properly licensed for operation on public streets, if applicable. Service Provider shall routinely inspect all equipment and vehicles used in the performance of this Agreement and assure that same is maintained in a safe and operational condition. 25. Governing Law/Venue/Jury Waiver. The laws of the state of Utah govern this Agreement. The sole venue for any legal dispute arising from or concerning this Agreement shall be the courts of Grand County, Utah. In any such proceeding the court shall decide all matters in dispute, without a jury, regardless of the denomination of any claims that might be brought. 26. Approval. This Agreement is a valid, binding, and enforceable obligation executed after all parties have obtained the necessary authority. City fMoab: By: / David Everitt Haycock, Deputy Reco er Monume Waste S- ices, LLG By: Dan Kirkpatrick, Manaer Date F. rGI Date 7 ATTACHMENT 1 GENERAL SPECIFICATIONS Contents: I. Provision of Services Generally 2. Service Provider's Designated Single Point of Contact 3. Hours of Work 4. Residential Curbside Operational Requirements S. Commercial Operational requirements. 6. Municipal Facilities Operational Requirements 7. Security Clearance and Worker Identification Requirements for City Facilities 8. Reporting 9. Billing 10. Additional Provisions 1. Provision of Services Generally. The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from commercial, residential, and centralized outdoor collection sites within the City. The Service Provider will also provide refuse hauling and recycling services for specified City buildings and facilities. Service Provider shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the services to be provided. All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also comply with all applicable codes and regulations. Service Provider shall comply with all City, State and Federal health and environmental safety laws and regulations while performing the prescribed work. Service Provider will be held liable for damage resulting from negligence. Multiple incidents of damage or safety violations may be cause for termination of this Agreement and restrictions from future contracts. 2. Communication and Coordination Service Provider's Designated Single Point of Contact ("SPOC"): Service Provider shall designate a SPOC with whom the City will work to handle all administrative matters related to this Agreement. The SPOC must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function. When Service Provider's SPOC is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. Service 8 Provider shall give the City written notification of any SPOC change within two (2) calendar days of the change. The City requires that Service Provider's SPOC meets with the City's Contract Administrator no less than every quarter to review operational performance issues. The City reserves the right to increase this to a monthly basis at their option in the event it is deemed warranted by the City Contract Administrator. Service Provider will provide minutes of these meetings to the City's Contract Administrator, which will include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item's completion. During these meetings, Service Provider's SPOC will provide updates of any new waste stream reduction opportunities the Service Provider may be able to offer, or notify the City of program reduction(s) related to recycle market changes directed from the MRF's. Outreach Coordinator: Service Provider will employ an individual no less than 20 hours per week to educate City residents, businesses, and visitors about recycling and waste management practices. This position's responsibilities will include, but are not limited, to: Creating and distributing single -stream recycling program information; Interfacing with local community groups and individuals who are interested in waste management issues; One-on-one customer training and support; and Waste and recycling audits and inspections This position may or may not be also the designated SPOC for Service Provider. 3. Hours of Work; Holidays. Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:00 p.m. and 7:00 a.m. in or adjacent to a residential neighborhood. Service Provider will maintain reasonable and consistent office hours along with an all -hours emergency contact. New Year's Day, Christmas Day, and Thanksgiving Day are considered holidays under this Agreement. If any of Service Provider's regularly scheduled service days fall on a holiday, Service Provider will provide collection service on the next regular work day. 4. Residential Curbside Operational Requirements. The following requirements apply: Residential curbside service includes emptying trash and recycling containers. Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. Service Provider shall provide on -call or emergency pick-up service for any materials requested by the City within 24 hours. 9 The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider's improper dumping of materials designated on the City's list of recyclables may be cause for immediate cancellation of this Agreement. Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at centralized pick-up sites or City facilities generally. Service Provider understands that the City is subject to intense and inclement weather conditions, including but not limited to snow, high velocity winds, rain, fog, heat and/or flooding. Service Provider understands that it is responsible for providing solid waste collection services, no matter what the conditions or circumstances are, so long as this contract continues in force. Service Provider is responsible for making all reasonable efforts including, but not limited to providing additional trucks, personnel and equipment, to continue to provide service under such conditions. Number of Polycarts and Service Level Modifications: One 95-gallon recycling polycart shall be located at each residence_unless the customer opts -out of recycling service as set forth below. One trash polycart — either 95-gallon or 65-gallon — shall be located at each residence. Additional trash or recycling polycarts may be located at a residence on a case by case basis. Customer requests to modify the type or number of trash or recycling polycarts at a residence shall be processed during the first sixty (60) day period at the commencement of the Term and -in the months of February and October of each year thereafter. Residential customers may opt -out of recycling service by electing to do so within the first sixty (60) day period at the commencement of the Term, and in the months of February and October of each year thereafter. The City shall be responsible for notifying customers via utility notifications, in English and Spanish, of their ability to modify the range of trash collection and recycling services; the ability to opt -out of recycling services; and of the deadlines for doing so. Frequency and Timing of Service: Regular curbside service shall occur either weekly or every -other -week for trash and every other week for recycling. Service Provider shall not commence collection of solid waste in residential areas prior to 7:00 a.m. or continue collection after 7:00 p.m. In the event that there is some type of mechanical failure, equipment problems, or service failure, this restriction may be waived by the City Manager or their designee. Additional one-time curbside pickups may be scheduled on an as -needed basis directly with the Service Provider and billed to the residence as established in Attachment 2. Residential service requirements apply to all long-term residential dwellings, including apartment complexes, trailer parks, manufactured home parks, and other multifamily developments. Materials to be Recycled: See Attachment 4. 10 5. Commercial Operational requirements. Frequency of commercial service. Commercial trash and recycling pickup frequency and volume are negotiated between the Service Provider and commercial customers on an individual basis. Service Provider will work closely with commercial customers to right -size their polycart, and encourage group use of polycarts in order to maximize the efficient collection of trash and recycling. Rates for commercial customers are set forth in this Agreement (see Attachment 2). 6. Municipal Facilities Operational Requirements. Service Provider shall pick up trash and recyclables from municipal bin locations at a frequency and at locations described in Attachment 2. Materials that will not be collected include: construction debris, concrete, asphalt, dirt, hazardous wastes, light bulbs, batteries, surplus scrap metals, appliances, refrigerators, and electronic waste (computers and electronic equipment). The following items will be provided by the Service Provider to facilitate collections at the municipal bin locations: Trash Containers: Service Provider shall at minimum furnish fixed -hinge, covered trash containers in good condition, with appropriate locking devices as needed, of the size and quantity required as described in Attachment 2. Other equipment such as polycart containers or compacting containers may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. Roll -Offs: Periodically, "on call" roll -off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash service. Service Provider shall furnish roll -off boxes (e.g., 20 yd) in a clean, serviceable condition and which feature weather -resistant covers, for waste collection. Service Provider shall provide one roll -off trash container upon request per month at a location designated by the City at no additional charge; additional roll -off containers shall be provided at the rate described in Attachment 2. Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity as described in Attachment 2. All new and replacement recycling containers for City facilities, businesses and residents will be rolled and lidded 95-gallon polycarts. Indoor Recycling Containers: Service Provider is to provide indoor recycling containers e.g., 95-gallon wheeled polycarts with for recycling collection in breakroom areas. Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites. At a minimum, signage shall clearly identify items accepted (for recycling polycarts), labeling and other means such as color -coded container lids for trash and recycling polycarts that clearly differentiates them from one another, and contain contact information for the Service Provider. 11 Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material collection strategies change, or changes in service levels are needed. This may include but is not limited to: dumpsters, cardboard cages, polycarts or compacting recycling polycarts as approved by the City. 7. Security Clearance and Worker Identification Requirements for City Facilities. Prior to beginning work under this Agreement, any Service Provider employees who will work on this Agreement must obtain a background clearance using Utah Database Investigations and/or Utah Bureau of Investigations -Crime Information Center. Security clearance requirements applies in particular to: personnel who handle secure documents destruction services and personnel entering secured areas such as police services, water treatment facilities, wastewater treatment facilities, and the trash and recycling pickup area at City Hall. It may be extended at the City's discretion to any personnel who enter City premises in the course of duties. 8. Reporting. The City has set ambitious carbon footprint and waste diversion goals, both for municipal functions and the community as a whole. The following reporting requirements are structured to assist with measuring and tracking variables related to those goals as well as for customer service metrics: Quarterly (provided within 15 days of the end of each month): o An Exceptions Report that shall include: For municipal facilities: Any extra service requests by the City for municipal facilities trash removal and/or recycling beyond the normal service level to which that department or location subscribes. Overflowing or underutilized municipal facility containers. One- time issues need not be reported. If the condition recurs on a consistent basis, a photo of the condition is to be included. Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included. For residential and commercial operations: Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included. A list of corrective actions taken in the case of broken or tagged polycarts and any other service complaints. o A Volumes Report that includes the amounts of trash (landfill) material and recyclable material collected citywide. Annually (provided by January 30th of each year): o The average weight per yard for trash and recycling ("Volumes Report") in order to verify that an accurate conversion factor was generated by the Service 12 Provider. The City requires that all single -stream material collected for recycling must be reported in weights; the weights of single -stream material must be reported in tons. o Annual gross revenues and costs associated with the disposition of recyclables. o A review of existing municipal practices and a summary report detailing observations, recommendations and opportunities for improvement. In addition, at least one on -site audit of trash and recycling will be performed each year of the Agreement by the Service Provider, at a site to be selected by the City, per the protocol for audits provided to the City (See Attachment 4). 9. Billing. The following apply to the billing process. The City shall prepare for the Service Provider's approval a billing summary that shows the total amount billed to customers as provided for herein. The billing summary shall be presented by the City Treasurer to the Service Provider for review and approval by the last day of each month. Service Provider shall review and approve the billing summary within two (2) business days of presentation to the Service Provider by the City Treasurer. Within three (3) business days after Service Provider approves the billing summary, City shall pay Service Provider the amount shown on the approved billing summary. The approved billing summary shall constitute a written request for payment by the Service Provider. The contract revenue payable to the Service Provider shall be the amount billed to customers pursuant to the approved request for payment, less the Administrative Fee (see below). Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for each municipal facility location's subscription service level, listed by the appropriate location. Service Provider will provide a separate, itemized bill to the Treasurer for any extra services rendered to a municipal facility location per the Exceptions Report referenced above. All payments for extra municipal services will be made by the City on a net-30 days' basis from the date of the invoice. The City reserves the right to withhold or deduct payment to the Service Provider for missed or skipped pickups. Adjustments to any month's billing summary may be made in subsequent months if approved in writing by the City Treasurer and the Service Provider. In its discretion, the City may deduct from Contract Revenue any refund owing a customer due to a billing error, retroactive to a maximum of two (2) months (without proration) from the date the correction is made. In the event that the City determines from time to time that a customer account is deemed uncollectible, then the parties agree that the Service Provider's 50% share of the uncollected sums shall be deducted from the Contract Revenue payable on the next succeeding month. Review of uncollectible accounts shall take place at least annually. Administrative Fee. The City will deduct an Administrative Fee of up to six percent (6%) of the total payable to the Service Provider to cover City expenses for customer service, billing services, and 13 administration, excluding city -billed municipal facilities. Unpaid accounts. The City shall promptly pursue collection of unpaid accounts, whether by issuing shut-off notices or by other collection means. In the event that the City determines, at its discretion, that delinquent accounts are uncollectible, then the Parties agree that fifty percent (50%) of the sums owing and deemed uncollectible shall be excluded from the Contract revenue. When an account is unpaid for two months consecutively, the City shall promptly notify the Service Provider and solid waste service shall be suspended until the sums owing are either paid by the customer or the City otherwise determines to restore service. Unoccupied Residential Units. Residential units that are unoccupied for periods in excess of thirty days, as determined by the City Treasurer, shall not receive solid waste collection service and shall not be counted toward the total revenue payable to the Service Provider under this section. Service Provider shall be notified when residential units are unoccupied and shall be allowed to suspend service and remove the approved containers. Type of Use Controls Rates. The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of container used by the customer. Properties with more than one land use type may be charged the higher applicable rate. 10. Additional Provisions. Service Provider shall maintain all trash and recycling containers in a clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request with an occurrence fee as listed in Attachment 2 Service Provider shall suitably repair or replace any malodorous, vandalized or damaged containers. Corrective action is to be taken to remedy the situation within one (1) week of notice to the Service Provider. Rate changes must be approved by the City Council upon a showing of good cause, as provided in the Agreement. Service Provider shall purchase from the City all of the current 95-gallon polycarts in use for $1 one dollar) each. Service Provider is solely responsible for the recycling or disposal of said polycarts. Large item/bulky waste collection and processing will be available to commercial and residential customers at the rates listed in Attachment 2. At a point mutually agreed upon by the Service Provider and the City, the Service Provider shall 14 participate in a pilot compost program, which may be subject to a separate agreement between the Parties. 15 ATTACHMENT 2 RATES AND FEES 1. Definitions: The following definitions apply to this attachment: Reload Fee: Assessed to customers when cleanup or overflow occurs and the Service Provider must reload the container. Occurrence Fee: Assessed to customers for any container or cart delivery, removal, exchange or cleaning upon request. Special pickup Fee: Assessed when a customer requests an off -route pickup for overflow or special event. 2. Residential and commercial rates: City of Moab - Commercial Residential Pricing - Trash Recycle - 2019 Commercial & Residential Services 2019 - Solid Waste Collection - City of Moab Franchise Pricing TRASH Reload Special Pickup 8i-Weekly 1-X- Week 2-X- Week 3-X- Week 4-X- Week 5-X- Week 6-X- Week 7.X- Week Cemmescial Residential Commmdal emIdPndal Residential Trash - Options are EOW {Sing a Cart) -or- Weekly (Single/Multipte Carts) 65-GL-Trash Palycart 5 10 12 lfi 32 48 64 80 96 112 95-GL-Trash Palycart S 5 10 24 18 36 54 72 90 108 126 Motile cart Pricing for earn Additional Carr --.. NA 18 36 54 72 S 90 108 126 2-YD - Trash Container $ 20 $ 30 40 64 120 182 243 307 387 482 Add To Base Rate For Each Additional Container II._ 34 54 102 154 207 261 329 410 3-YD - Trash Contalner L$ 30 _I $ 40 47 79 149 223 296 370 460 566 Add To ease Hate Far Each Adddanal Container -e 40 67 126 189 252 315 391 481 4-YD • Trash Container I $ 40 I $ 50 56 94 177 262 348 435 537 656 Add Tv Soso Aam Foi Each Additional Container —* 48 80 150 222 296 370 457 557 6-YD-Trash Container I $ 60J $ 70 74 124 233 343 454 565 692 836 Add to tloao Aale For Each Additional Contamer — fr 63 105 198 291 S 386 481 539 710 8-YD-Trash Container I $ 80I $ 90 92 154 290 427 566 704 859 1,030 Add To Bare Hate rw Each aaad,onal l:amamer -- 79 131 246 363 481 599 731 876 Commercial & Residential Services 2019 - Single -Stream Recycle Collection - City of Moab Franchise Pricing RECYCLECommercial Reload special Pickup Bi-Weekly 7-X- Week 2-X- Week 3.X- Week 4-X• Week 5-X- Week I.X Week 2X Week Residential Commercial eesiaennal j Residential5ingte-Stream Recycle Service is Every Other Week - Only Multifamily 95-GL- Recycle Palycart 5 10 12 16 32 48 64 80 30 $ 60 Add To Base Rate For Each Addconal Cart —a. 12 16 32 48 64 5 80 Additional Carts 2-YD- Recycle Container $ __ 20 $ 30 33 54 102 153 205 259 Trash+$13 I Recycle+$17 Add To Base Rate For Each Additional Container -- 28 46 86 130 I75 220 Recycle Services are limited to 5 Days Per Week for Commercial, Mobile home Parks, Apartments, HOA's and Multi -Family Recounts 3-YD - Recycle Container I $ 30 I $ 40 41 69 S 130 195 259 323 Add To Pose Hale For Each Addkmrial Container —. 35 59 110 165 220 27$ 4-YD - Recycle Container I $ 40 I $ 50 50 84 158 234 311 389 Add To Base Rate For Each Additional container _- 1". 43 71 114 199 264 330 6-YD- Recycle Container I $ 60 I $ 76 68 5 114 214 315 417 520 A_d.... a, la:, _i Each Additional Container —... 58 97 182 268 355 442 8-Y0- Recycle Container T$ 80 $ 90 86 144 271 399 529 659 Add To Base Rate For Each AdditionalContainet —1° 73 122 230 339 450 560 Reload Fee - Assessed to Customers when cleanup or overflow occurs and Monument Waste Personnel must reload the Cart $5 Per Carl See Trash Prices Above Special Pickup - Assessed when a Customer requests an off -route pickup for overflow or special event 510 Per Cart See Recycle Prices Above Occurrence Fee - Assessed to Customers for any Container or Cart -Change ofSenrice, Removal or Cleaning SID Per Cart S25 Per Container / Dumpster Confidential a/s12019 Pagel 16 3. Municipal facilities service rates: Trash and recvclin: High Season (March -October) 212 Low Season (November -February) 212AnimalShelter** MARC 95 50 Center St. BalWields 150 75 City Center 140 140 Public Works Office/Shop 172 172 Lions Park 50 35 Old City Park 184 95 MRAC 95 50 Rotary Park 184 92 Swanny City Park 600 300 WRF office 50 50 Main Street containers 1,200 600 Totals 3,132 1,871 Blended Annual Rate: 32,540 includes carcass disposal Sludge hauling from Wastewater Reclamation Facility (as needed): Roll off boxes 3 1: 30 cubic yard 2 :10 cubic yard 200 per haul Forklift hopper 2 1 cubic yard No charge Forklift hopper I 2 cubic yard No charge 17 4. Transfer station drop-off rates for City Departments (not public rates): City of Moab - MWS Transfer Station Price Sheet Drop -Off Location - 2295 S Hwy 191 Moab, UT - 3 Miles South of Moab Household Hazardous Waste - Paint - Stains - Pesticides - Cleaning Chemicals HHW Day - each May Palycart - City Green Cart (96-GL) $ 8.00 each Grass ! Leaves ! Brush ! Weeds ! Yard Debris ! Small Branches ! Limbs $ 5.00 Per Yard Pallets - Reusable Condition (Wood or Plastic) No Charge to Drop Off Cardboard - Clean & Flattened No Charge to Drop Off To be Determined when aOrganics - Food Waste PrO ra n bo.vgnes atiaaabta Mattress -or- Box Springs - Twin/Full - Queen - King ( per item ) $ 5.00 each TV's Up to 36" and Electronics $ 5.00 Each Appliances - Clothes Dryer - Washing Machine - Stove - Dish Washer - Water Heater $ 5.00 each Arm Chair ! Recliner ! Love Seat 1 Futon ! Sofa ! Sleeper Sofa $ 5.00 Each Dresser - Tables - Chairs - Misc. Small Furniture - Sink - Toilet $ 5.00 Each Tires - (Car and Pickup - Up to 20") (No Rim) $ 5.00 Each Clean - Scrap Steel - Metal (No Complete Vehicles of any Kind) No Charge to Drop Off Refrigerator ! Freezer ! AC Unit (Any unit that needs Freon Removed) $ 15.00 Each Animal Carcass (Small) Cat - Dog - Skunk - Coyote $ 5.00 Each Animal Carcass (Large) Pig - Goat - Sheep - Deer $ 10.00 Each Non -Compacted Household Trash - Pickup - Stake Bed - Dump Trucks - Trailer Loads $ 8.00 Per Yard C&D Debris - Heavy Material (Wood - Sheetrock - Constniction Debris - Tree Branches) $ 12.00 Per Yard Cubic Yard Calculation Length X Width ( = ) X Height ( = ) ! 27 CF = Cubic Yard(s) WE DO NOT ACCEPT THE FOLLOWING Concrete - Asphalt - Dirt - Sod - Rock - Stone - Sand - RR Ties Asphalt Shingles Large Tree Stumps or Rail Road Ties. Please take these heavy non-compactable materials directly to the Solid Waste District - Moab Landfill on Sand Flats Road 18 ATTACHMENT 3 MATERIALS TO BE ACCEPTED BY SERVICE PROVIDER FOR RECYCLING L Newspaper (ONP) - including all inserts 2. Cardboard (OCC) - boxes should be broken down flat 3. Chipboard Boxes - Cereal & Tissue type 4. Magazines and GIossy Print S. Junk Mail I Bulk Mixed paper 6. Office Paper - White & Colored 7. Plastic bottles & tubs (#1 and #2 only) S. Aluminum beverage containers 9. Tin cans 10. Glass bottles and jars - beverage and food containers 11. Aseptic Containers (milk, juice, broth, etc.) 12. Styrofoam "packing blocks" only - No packing peanuts, cups or plates 13. Hot beverage paper cups 19 ATTACHMENT 4 AUDIT AND REPORTING PROTOCOLS The City aspires to be the leader in the community in moving towards zero waste through its own initiatives in waste reduction and recycling. Auditing -- in other words, evaluating the contents of trash collection containers and recycling polycarts -- provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City and Service Provider will work collaboratively to implement audits using the following specifications: 1. Trash and recycling audits shall commence at one municipal and one commercial site per year at a minimum and maximum of two per year. Locations to be agreed upon in advance between City and Service Provider. Service Provider will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. 2. Trash audits will be used to determine how much recyclable material is being inappropriately discarded. 3. Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling polycarts, which creates contamination that reduces the value of the recyclables. 4. The following categories of materials found during audits will be evaluated: Recyclables Compo stables High volume hard -to -recycle items Landfill Material S. Containers will be emptied onto tarps laid on the ground for the purpose of auditing. Contents may need to be manually spread out for better evaluation. Contents will be quantified with verbal descriptions and general percentages of the overall sample, and digital photos will be taken to aid with reporting and assessment. Upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date. 6. A final report will be submitted within four weeks after the audit by the Service Provider, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. 20 ATTACHMENT 5 INSURANCE REQUIREMENTS For the duration of the Agreement the Service Provider will provide, from insurance companies authorized to conduct business in the State of Utah, the insurance coverage designated below and pay all premiums. Before commencing work under this Agreement, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: The insurance evidenced by this Certificate will not be cancelled, except after thirty (30) days written notice has been received by the City of Moab." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: Workers' Compensation insurance with statutory limits as required by Utah law. Commercial General Liability and Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. The amount of insurance for each coverage, Commercial General Liability and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. 21 SOLID WASTE 23 March 2021 MONUMENT WASTEOSERVICES RE: NOTICE OF PENDING ACQUISITION & TRANSFER OF SOLID WASTE AND RECYCLING COLLECTION SERVICE PROVIDER On Friday, April 30, 2021, Solid Waste Special Service District #1 (District) will acquire certain assets of Monument Waste Services (Monument), including its solid waste and recycling collection services as well as its transfer station operations in Grand County and Moab, Utah. Effective Saturday, May 1, 2021, the District will begin providing route collection services and assume the operations of the solid waste transfer station located at 2295 South Highway 191, Moab, Utah 84532. The District was created by the Grand County Council in 1993 and, since then, has been managing solid waste and recycling in Grand County with a focus on the operations of Grand County's landfills and public recycling center. Throughout this transition, the District is committed to maintaining continuity of services as well as the excellent customer service you have come to expect from Monument. The District will take every effort to ensure you can rely on safe, dependable, and customer -oriented services. Basically, it will be business as usual as we will continue to provide the same excellent service you have come to expect from Monument. Throughout the transition and in the immediate foreseeable future, the District intends to retain all programs and services currently provided by both entities. Ultimately, we anticipate that we will be able to identify added efficiencies as part of the combined services, resulting in operational improvements and enhancements. It is with great confidence that Bonnie and I have chosen the District to succeed Monument Waste, we feel they will provide the same level of excellent service you have come to expect and will continue to be a great community partner. Should you need to contact either entity prior to the May 1, 2021 transition, please contact the District at (435) 259-3867 and Monument at (435) 259-6314, and we will be happy to answer any questions you may have regarding these changes. Sincerely, Sincerely, Evan Tyrrell, Di Pvfarrager Dan & Bonnik4_434kel e Kirkp4 ick Solid Waste Special Service District #1 Monument Waste Services ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Assignment Agreement”) is made and entered into as of [__], 2021, by and between Monument Waste Services, LLC, a Colorado limited liability company (“Assignor”) and Solid Waste Special Service District #1, a Utah special service district (“Assignee”). All capitalized terms used but not otherwise defined herein shall, unless the context otherwise requires, have the meanings ascribed to them in the Asset Purchase Agreement (as defined below). RECITALS WHEREAS, in connection with the transactions contemplated by that certain Asset Purchase Agreement, dated as of March 23, 2021 (as supplemented, amended, restated or otherwise modified from time to time, the “Asset Purchase Agreement”), by and among Assignee and Assignor, Assignor has agreed to sell, assign, transfer, convey and deliver to Assignee, and Assignee has agreed to purchase, acquire and accept from Assignor, free and clear of any Liens, all of Assignor’s right, title and interest in and to all of the Acquired Assets; WHEREAS, pursuant to the Asset Purchase Agreement, Assignee shall assume and pay, perform and discharge when due the Assumed Liabilities of Assignor; and WHEREAS, the Closing shall have occurred concurrently with the execution and delivery of this Assignment Agreement. AGREEMENT NOW, THEREFORE, pursuant to the terms and conditions of the Asset Purchase Agreement, in consideration of the mutual promises set forth in the Asset Purchase Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Assignor hereby sells, assigns, transfers, conveys and delivers to Assignee all of Assignor’s right, title and interest in and to all of the Acquired Assets, and Assignee hereby agrees to purchase, acquire and accept from Assignor, free and clear of any Liens, all of Assignor’s right, title and interest in and to all of the Acquired Assets. For the avoidance of doubt, Assignor does not sell, assign, transfer, convey or deliver, and Assignee does not purchase, acquire or accept, any Excluded Assets. 2. Assignee hereby assumes from Assignor, and agrees to pay, perform and discharge when due, the Assumed Liabilities, which consist solely of obligations under the Assumed Agreements set forth on Appendix A hereto, after Closing. 3. The parties hereto acknowledge and agree that the representations, warranties, covenants, agreements and indemnities contained in the Asset Purchase Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein. If any conflict or inconsistency exists between the terms of this Assignment Agreement and the terms of the Asset Purchase Agreement, the terms of the Asset Purchase Agreement shall govern and control. 4. Neither this Assignment Agreement nor any of the rights, interests or obligations hereunder shall be assigned or delegated, in whole or in part, by operation of law or otherwise, by any of the parties without the prior written consent of the other party. Any purported assignment not permitted under this Section 4 shall be null and void. 5. Subject to Section 4, this Assignment Agreement shall bind and inure to the benefit of Assignor, Assignee and their respective successors and permitted assigns. 6. This Assignment Agreement shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). 7. If any term or provision of this Assignment Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Assignment Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Such determination that any term or other provision is invalid, illegal or unenforceable, Assignor and Assignee shall negotiate in good faith to modify this Assignment Agreement so as to effect the original intent of Assignor and Assignee as closely as possible in a mutually acceptable manner in order that the transactions contemplated under the Asset Purchase Agreement be consummated as originally contemplated to the greatest extent possible to the end that the transfer of the Acquired Assets, and Assignee’s agreement to purchase, acquire and accept the right, title and interest in, to and under the Acquired Assets, is fulfilled to the extent possible. 8. This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Assignment Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Assignment Agreement. [signature page follow] IN WITNESS WHEREOF, the parties hereto have caused this Assignment and Assumption Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. SELLER: MONUMENT WASTE SERVICES, LLC a Colorado limited liability company By: Name: Dan Kirkpatrick Title: President BUYER: SOLID WASTE SPECIAL SERVICE DISTRICT #1, a Utah special service district By: Name: Kalen Jones Title: District Chairperson By: Name: Evan Tyrrell Title: District Manager ATTESTED BY: By: Name: Jessica Thacker Title: District Clerk APPENDIX A Assumed Agreements 1. All obligations, including all service agreements, relating to the trash and recycling services customers located in the Restricted Area 2. Moab Solid Waste Collection Franchise Agreement 3. To the extent awarded to Seller, the BLM Solid Waste Collection Agreement 4. NPS Solid Waste Collection Agreement 5. Utah Waste Collection Agreement 6. Sharp MX-4070V copier lease with Revco Leasing Company LLC dated January 18, 2019 SOLID WASTE SPECIAL5EAV1[E DISTRICTdl SERVICE # 1 P.O. Box 980 1000 East Sand Flats Road Moab, Utah 84532 Tel: (435) 259-3867 — Fax: (435) 259-1794 swssdl@swssdl.org www.swssdl.org Kalen Jones, Chairperson Kevin Fitzgerald, Vice -Chairperson Mary McGann, Treasurer Diane Ackerman, Member Chad Harris, Member 29 March 2021 City of Moab 217 East Center Street Moab, Utah 84532 RE: ACQUISITION OF MONUMENT WASTE SERVICES' UTAH -BASED OPERATIONS & TRANSFER OF SOLID WASTE COLLECTION AND RECYCLING SERVICES PROVIDER Dear Mayor, City Council Members, and Moab City Management: As you are aware, on Friday, April 30, 2021, Solid Waste Special Service District #1 (District) will acquire the real and personal property assets related to the Utah -based operations of Monument Waste Services (Monument). This acquisition includes Monument's fleet and collection vehicles, solid waste and recycling containers, heavy equipment, transfer station, and real property. The District will begin providing route collection services and assume the operations of the solid waste transfer station effective May 1, 2021. Throughout this transition, the District is committed to maintaining continuity of services as well as the excellent customer service that the City of Moab, including the residents and businesses located within and outside of city limits, have come to expect from Monument. Monument has and continues to be very proactive throughout this process to support a smooth and seamless transition. Basically, it will be business as usual as we will continue to provide the safe and dependable services that the City has experienced from Monument. In the short term, the District intends to retain all of the programs, services, and fee structures currently provided by each entity. Over time we will identify synergies and efficiencies as a result of the combined services, leading to operational improvements and service enhancements. Our community's size and geographic isolation has resulted in a significant degree of exclusivity in solid waste hauling for at least several decades. Unlike other essential services requiring fixed infrastructure such as water, sewer, and power, communities handle the different elements of solid waste management in diverse ways, from government run, to exclusive franchise agreements between governments and private businesses, to open markets. Moab residences and businesses, via the Franchise Agreement for Residential, Municipal, and Commercial Solid Waste and Recycling Collection and Disposal, currently in effect between the City and Monument, represent the single largest combined customer for the local waste hauler. The District is committed to maintaining customer satisfaction and reasonable rates, both to support franchise renewal and per our mission to the community. District Manager The District was created by the Grand County Council in 1993 and, since then, has been managing solid waste and recycling throughout Grand County with a focus on the operations and management of the two landfills located in Grand County and the Community Recycle Center. We strongly believe in the integrated solid waste management philosophies of reduce, reuse, and recycle, and, as District Manager, I am committed to continuous improvements at all of our operations, including waste diversion programs, public education and outreach, community involvement and collaboration, and building effective public and private partnerships. The District is very excited about this opportunity as we continue to enhance the services that we provide to our community. As part of this consolidation of solid waste services to be provided by a public entity tasked with the overall purview of managing solid waste throughout Grand County (i.e., the District), there are many positive aspects that will result in both short- and long-term benefits to our shared community. These benefits include, but are not limited to, the following items: • Enhanced transparency and accountability The District holds regular public meetings in accordance with the Utah Open and Public Meetings Act. All data, financials, and programmatic planning and decisions thereof are publicly available, and the District's financials are audited annually by a third -party auditor. • Public decision -making that accounts for the community's best interest The District is governed by a five person Administrative Control Board (ACB), which consists of representatives from the Moab City Council, the Grand County Commission, the Town of Castle Valley, and two At -Large representatives that live in Grand County. The makeup of this governing body ensures that the various communities throughout Grand County are given equal consideration and representation with respect to the programs and services provided by the District. Public comments are encouraged and are taken into consideration regarding any decisions made by the ACB, and, ultimately, ACB decisions are made with the community's best interest in mind. • Local ownership, local control, and local jobs Securing local ownership and control by a public solid waste management provider mitigates potential financial and accountability risks related to outside investors, ensures that as much of the revenues as. possible continue to circulate within our community, and supports local, year-round jobs with comprehensive health and retirement benefits. • Added efficiencies and synergies As part of this consolidation, the District anticipates a variety of operational optimizations, resulting in long-term fmancial and environmental benefits to our shared community. • Centralized solid waste disposal, recycling, reclamation, and diversion data The District will gain real-time access to centralized, streamlined data that will enable `apples to apples' data comparisons with respect to solid waste diversion rates, weights, and volumes. Over time, optimization of data collection and storage methodologies will likely result in the District's ability to fully analyze and evaluate these trends within the various communities and geographic regions of Grand County (e.g., the City of Moab). • Integrated, system -wide knowledge to support the enhancement of existing and the identification of new waste diversion programs and strategies The District's ability to manage the entire integrated solid waste management systems throughout Grand County will enable the District to enhance existing and identify new waste diversion programs and strategies, including the advancement of the City's short- and long-term sustainability goals. I stand ready to answer any questions and to address any concerns from the City, and I would be happy to join a future public meeting to discuss these matters. I can be reached by phone at (435) 259-3867 or by email at etyrrell@swssdl.org. Respectfully, art Printed on 100% recycled paper Page 2 of 2 1 CITY OF MOAB RESOLUTION NO. 10-2021 A RESOLUTION CONSENTING TO THE ASSIGNMENT AND DELEGATION OF THE FRANCHISE AGREEMENT BETWEEN THE CITY OF MOAB AND MONUMENT WASTE SERVICES, LLC FOR RESIDENTIAL, MUNICIPAL AND COMMERCIAL SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL TO THE SOLID WASTE SPECIAL SERVICE DISTRICT #1 WHEREAS, Monument Waste Services, LLC (“Monument Waste”) currently provides the City of Moab with solid waste, recycling collection and disposal services pursuant to the Franchise Agreement for Residential, Municipal and Commercial Solid Waste and Recycling Collection and Disposal (“Franchise Agreement”) dated March 14, 2019; WHEREAS, pursuant to Moab Municipal Code §8.04.020, solid waste shall only be collected within the City limits by an approved contractor pursuant to the terms of a solid waste collection franchise agreement with the City; WHEREAS, on April 30, 2021, the Solid Waste Special Service District #1 (“District”) will acquire certain assets of Monument Waste including its solid waste and recycling collection services as well as its transfer station operations in Grand County and Moab, Utah; WHEREAS, effective May 1, 2021, the District will begin providing route collection services and assume the operations of the solid waste transfer station located at 2295 South Highway 191, Moab, Utah 84532; WHEREAS, the Franchise Agreement between the City of Moab and Monument Waste allows for assignment and delegation of the Agreement with the prior written consent of the City. Specifically, the Agreement at paragraph 10 states: “This Agreement is a contract for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City;” NOW, THEREFORE, the City of Moab City Council hereby provides this prior written consent to the assignment and delegation of the Franchise Agreement Between the City of Moab and Monument Waste Services, LLC. for Residential, Municipal and 2 Commercial Solid Waste and Recycling Collection and Disposal to the Solid Waste Special Service District #1. PASSED AND APPROVED by a majority of the City of Moab City Council. This Resolution shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, Recorder 1 Moab City Council Agenda Item Meeting Date: April 13, 2021 Title: Approval of Proposed Resolution #11-2021 – Designating Depositories for Moab City Funds Presenter: Joel Linares, City Manager Attachment(s): 1) Draft Resolution #11-2021 Background/Summary: From time to time it is necessary to update the authorized staff members on our banking accounts to approve disbursements. Each disbursement (check) requires two cross- check signatures, one from the Treasurer’s office and one from the Recorder’s office. It’s necessary to designate alternates to fill in on either side (but not both sides) if one office is understaffed and unavailable to sign checks. During those absences, the alternates would be the City Manager or the Deputy City Manager. This resolution updates our Wells Fargo account with new staff in the Treasurer's department. The second part of the resolution adds a backup to our Public Treasurers Investment Fund (PTIF) account to transfer money into our Wells Fargo account during the unlikely event of the combined absence of our City Treasurer and City Manager. Personnel accessing this account can only transfer money between the PTIF account and our Wells Fargo account – the only account that is authorized for fund transfers. Thank you and please let me know if you have any questions. Resolution #11-2021 Page 1 of 1 RESOLUTION #11-2020 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Wells Fargo Bank 4 North Main Street Moab, Utah 84532 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the 13th day of April, 2021, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: City Treasurer, Marcy Mason Deputy Treasurer, Sabrina Najera City Recorder, Sommar Johnson Deputy Recorder, Kerri Kirk City Manager, Joel Linares Deputy City Manager, Carly Castle NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Wells Fargo Bank of Moab may be withdrawn by the combined signatures of one (1) of the Recorder or Deputy Recorder and any one (1) City Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Manager or Deputy City Manager shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (1) City Manager or Deputy City Manager. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 13th day of April, 2021 in open Council at Moab, Utah. Approved:_____________________ Emily Niehaus Mayor Attest: _________________________________ Sommar Johnson City Recorder Moab City Council Agenda Item Radcliffe Lot Line Adjustment Petition Meeting Date: April 13, 2021 Title: Consideration and Possible Approval of Moab City Resolution #14-2021 – A Resolution Approving the Lot Line Adjustment of property located at 471 S Main Street, Moab UT 84532. Disposition: Discussion and Possible Action Staff Presenter: Cory P. Shurtleff, Assistant Planner Attachment(s): -Exhibit 1: Moab City Resolution #14-2021 -Exhibit 2: Vicinity Map -Exhibit 3: Recorded County Plat -Exhibit 4: Draft Lot Line Amendment Survey Plat -Exhibit 5: Draft Parcel Legal Description -Exhibit 6: State Code 10-9A-608 Options: 1.Approve with or without modifications; or 2.Continue or table item and give specific direction to the applicant and staff as to additional information needed; or 3.Deny Petition Recommended Motion: I move that the Moab City Council approve Moab City Resolution #14-2021 – A Resolution Approving the Lot Line Adjustment of property located at 471 S Main Street, Moab UT 84532. Applicant: Rob Radcliffe, Owner Background: Applicant and property owner, Rob Radcliffe, submitted the City of Moab Petition to Vacate, Alter, or Amend a Subdivision Plat, Utah State Code 10-9A-608(2)(a), on February 2, 2021, for the two properties located at 471 S Main Street and 481 S Main Street, Moab UT. On March 2, 2021, sufficient materials, in the form of a draft plat survey generated to show the Lot Line Adjustment Plat, and Parcel Legal Description were submitted to City Staff. The City’s Development Review Team reviewed and approved the submitted materials on March 11, 2021. On April 8, 2021, the petition application was officially submitted for review at the City Council Meeting held on April 13, 2021. Project Summary: Location: 471 S Main Street, Moab UT; 481 S Main Street, Moab UT Property Owner: The Radcliffe Hotel LLC, Moab Desert Plaza LLC Applicant: Rob Radcliffe, Owner Subject Lot 1: 35503.3 sf Adjacent Lot 2: 69945.5 sf Proposed Lot 1: From 0.82 acres, to 0.99 acres Proposed Lot 2: From 1.84 acres, to 1.53 acres Zoning: C-3 Central Commercial Zone Proposed Use: Radcliffe Hotel and Pool Narrative Summary: Nearing completion of the Radcliffe Hotel Phase I, Rob Radcliffe, Owner, purchased the adjacent parcel to the south, 481 S Main Street, currently operated as the Chevrolet and Ford Dealership. In acquiring this parcel, they plan to continue leasing operations to the dealership for two years, and also amend the shared lot line to accommodate for a larger pool and laundry facility area on the east side of the parcels. The Lot Line Adjustment is being proposed through this City Resolution #14-2021, the amendment to the approved site plan is being proposed through a different action, Radcliffe Phase II Site Plan Application #21-0005. During the City’s DRT review, the applicant was able to supply sufficient information identifying the originally entitled boundaries of the parcel, thus proposing a shared lot line adjustment extending a portion of the northern parcel, to the south, and a correction of the originally entitled boundary, extending the parcel to the east. Process: Utah State Code Section 10-9A-608 (Attachment 4) addresses this situation: 10-9a-608-14 Unless a local ordinance provides otherwise, the public hearing requirement of Subsection (1)(c) does not apply and a land use authority may consider at a public meeting an owner’s petition to vacate or amend a subdivision plat if: a) The petition seeks to: (…) d) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision. Moab Municipal Code (16.08.050) includes a public hearing exemption for an amended plat if owners of both parcels sign the petition. The City Council has the authority to approve the plat amendment (lot line adjustment) at a public meeting without a public hearing. CITY OF MOAB RESOLUTION NO. 14-2021 A RESOLUTION APPROVING A LOT LINE ADJUSTMENT FOR PROPERTY LOCATED AT 471 S MAIN STREET, MOAB, UT 84532 WHEREAS, The following describes the intent and purpose of this resolution: a.Property Owner, Rob Radcliffe (Applicant), wishes to adjust the shared lot line between the two properties 471 S Main Street and 481 S Main Street, Moab UT, and correct the entitled east boundary of both parcels; and b.The Applicant submitted to the City of Moab the appropriate application and documents for review and approval of the proposed lot line adjustment as required in MMC Chapter 16; and c.The property is in the C-3 Central Commercial Zone and the existing uses are allowed as a permitted use; and d.Owner desires to adjust the parcel boundaries for the existing parcels, including (#01-0001-0026) at 0.99 acres, and (#01-0001-0022) at 1.53 acres; and e.Utah State Code Section 10-9a-608-14 states that no public hearing is required for a petition that seeks to adjust the lot lines of adjoing lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; and f.Moab Municipal Code Section 16.08.050 allows the City Council to approve plat amendments (Lot Line Adjustments) at a public meeting without a public hearing. g.Following the consideration of the technical aspects of the pertinent code sections, the Moab City Council, pursuant to Resolution #14-2021, hereby finds, that the lot line adjustment can meet or exceeds the pertinent code requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the Radcliffe Lot Line Adjustment Petition is hereby APPROVED. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 13, 2021. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder City Market Google Eart 38°33'55.67" N 109°32'48.24" V.' e12V 4081 ft e'; e aIt 5592 ft h z APARTME C mo co 180.49' CREEKSIDE TOWNHOMES OF MOAB LLC 01.001.0028 (25 11) 01.00143188 o THE RADCLIFFE HOTEL LLC 01-001-0026 (256) COLIN DON FRYER 01-001-0024 25.3 & EAST VII 481 MAIN LLC 01-001-0022 ,41 COLIN DON FRYER 01-001.0023 (252 1) E 1.2' W 358.0' 92.88' N 89°50'23" W 1315.4' 0.1 N R9`47'W d1 U' ENTRY NO. 297949 PLAT BOOK 2 PAGE 22 DATE APRIL 26, 1962 7 A(1.(8Y VICINITY MAP PROJECT LOCATION M A I N S T 300 S 20 0 E 10 0 E 30 0 E 40 0 E K A N E C R E E K B L V D 100 S 200 S H U N T R I D G E D R ASP E N A V E BIRC H A V E LEGEND EXIST. FENCEXXX SECTION MONUMENT GRAND COUNTY PARCEL No.XX-XXXX-XXXX STREET/SURVEY MONUMENT PROPOSED PARCEL LINES EXISTING PARCEL LINES X X X X X X X X //// //// //// /// / / / / / / / / / //// //// / / / / / / / / X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X / / / / / / / / / / / / /// / //// //// //// DILLON COMPANIES, INC. 01-0MUV-0010 UR A N I U M A V E N U E 10 0 E A S T S T R E E T M A I N S T R E E T U S H I G H W A Y 1 9 1 THE RADCLIFFE HOTEL, LLC 01-0001-0026 ORIGINAL PARCEL AREA: 0.82+/- ACRES PROPOSED PARCEL AREA: 0.99+/- ACRES MOAB DESERT PLAZA, LLC 01-0001-0022 ORIGINAL PARCEL AREA: 1.836+/- ACRES PROPOSED PARCEL AREA: 1.53+/- ACRES COLIN DON FRYER 01-0001-0023 S0°17'00"W 22.20 N89°08'00"E 146.45 S72° 5 2 ' 0 0 " E 281.1 0 NORTH 3.20 N 1 3 ° 2 0 ' 0 0 " W 1 9 2 . 6 0 S76°40'0 0 " W 258.61 N 1 3 ° 2 0 ' 0 0 " W 5 5 . 1 3 S76°40'0 0 " W 128.77 S2 ° 5 4 ' 2 7 " E 5 6 . 0 6 N76°40'0 0 " E 16.73 S 1 3 ° 2 0 ' 0 0 " E 5 5 . 1 3 N76°40'0 0 " E 128.77 S 2 ° 5 4 ' 2 7 " E 1 4 4 . 4 3 S76°44'3 3 " W 354.63 N 1 5 ° 1 1 ' 2 7 " W 1 9 6 . 8 2 N76°40'0 0 " E 258.37 3 0 ' R I G H T - O F - W A Y Sheet: # DA T E DE S C R I P T I O N RE V I S I O N B L O C K 654312 FOCU S ã EN G I N E E R I N G A N D S U R V E Y I N G , L L C 69 4 9 S . H I G H T E C H D R I V E S U I T E 2 0 0 MI D V A L E , U T A H 8 4 0 4 7 P H : ( 8 0 1 ) 3 5 2 - 0 0 7 5 ww w . f o c u s u t a h . c o m Scale: Drawn: Job #: Date: Checked: Z: \ _ 2 0 1 8 \ 1 8 - 0 2 6 M o a b P r a n a H o t e l \ d e s i g n 1 8 - 0 2 6 \ d w g \ A L T A \ 1 8 - 0 2 6 P A R C E L L I N E A D J U S T M E N T . d w g -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - 18-026 EW 1/27/2021 1"=30' 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 030 30 60 30 12015 PA R C E L L I N E A D J U S T M E N T 1 OF 1 SWL SURVEYOR'S CERTIFICATE “I, Spencer W. Llewelyn, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 10516507 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have made a Survey of the lands shown on this Plan and that it correctly represents the existing conditions as shown. This Plan does not represent a certification to the title or ownership of the lands shown hereon.” _________________________________________________________________________________ Spencer W. Llewelyn Date Professional Land Surveyor Certificate No. 10516507 NOTES 1.The purpose of this Survey is to provide an exhibit to aid in adjusting the boundary between the parcels shown hereon. 2.The Basis of Bearing for this Survey is S89°47'00”E along the monument line between two survey control monuments in 300 South Street at the intersections of 100 East Street and 300 East Street as shown hereon. All deeds and plats of record have been rotated to match the aforementioned basis of bearing, or to other Section\monument lines relative to said basis of bearing per measured lines shown hereon. If no basis of bearing was stated in said documents, none was assumed. PARCEL LINE ADJUSTMENT DESCRIPTIONS CURRENT PARCEL DESCRIPTIONS PARCEL 01-0001-0026 BEGINNING AT A 5/8" REBAR WHICH BEAR NORTH 344.2 FEET AND EAST 786.2 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 1, TOWNSHIP 26, SOUTH, RANGE 21 EAST; PROCEEDING THENCE SOUTH 76°40' WEST 250 FEET TO A 5/8" REBAR; THENCE NORTH 13°20' WEST 192.5 FEET TO A 5/8" REBAR; THENCE NORTH 3.2 FEET TO A POINT WHICH LIES 5 FEET IN BACK OF THE BACK-OF-CURB OF URANIUM AVENUE; THENCE ALONG A LINE WHICH LIES PARALLEL TO AND 5 FEET IN BACK OF THE B.O.C. OF URANIUM AVENUE SOUTH 72°52' EAST 281.1 FEET; THENCE CONTINUING ALONG A LINE WHICH LIES PARALLEL TO AND 5 FEET IN BACK OF THE B.O.C. OF URANIUM AVENUE NORTH 89°08' EAST 146.45 FEET; THENCE SOUTH 0°17' WEST 22.3 FEET TO A 5.8" REBAR; THENCE SOUTH 76°40' WEST 130.8 FEET TO THE POINT OF BEGINNING. PARCEL 01-0001-0022 Beginning at a point which bears 621.2 feet East and North 15 degrees 16' West 100 feet along U.S. Highway 191 from the South 1/4 Corner of Section 1, T26S, R21E, SLM, thence North 15 degrees 16' West 197 feet, thence North 76 degrees 40' East 427.7 feet, thence South 2 degrees 59' East 200 feet, thence South 76 degrees 40' West 385 feet to beginning LESS any portion within State Highway 191 PROPOSED PARCEL DESCRIPTIONS PARCEL 01-0001-0026 A portion of the SE1/4 of Section 1, Township 26 South, Range 21 East, Salt Lake Base & Meridian, located in Moab City, Utah, more particularly described as follows: Beginning at a point on the Easterly Right-of-Way of US Highway 191, located East 542.96 feet and North 286.44 feet from the South 1/4 Corner of Section 1, T26S, R21E, SLB&M, said Section corner being located N33°59'44”E 366.34 feet from a street monument marking the intersection of Huntridge Drive and Birch Avenue (Basis of Bearing is S89°47'00”E along the monument line between two survey control monuments in 300 South Street at the intersections of 100 East Street and 300 East Street); thence N13°20'00"W along the Right-of-Way of said Highway 192.60 feet; thence North 3.20 feet to the Southerly right-of-way line of Uranium Avenue; thence along the Right-of-Way of said Uranium Avenue the following two (2) courses: 1) S72°52'00"E 281.10 feet; 2) N89°08'00"E 146.45 feet to the Westerly right-of-way line of 100 East Street; thence S00°17'00"W along said right-of-way 22.20 feet to the Northerly line of that Real Property as described in Deed Book 683 Page 224 of the Official Records of Grand County; thence N76°40'00"E along said deed 16.73 feet to the Westerly line of a 30' Wide Right-of-Way disclosed in Deed Entry No. 295408 of the Official Records of Grand County; thence S02°54'27"E along said right-of-way 56.06 feet; thence S76°40'00"W 128.77 feet; thence N13°20'00"W 55.13 feet to the Northerly line of said deed; thence S76°40'00"W along said deed 258.61 feet to the point of beginning. Contains: 42,965 square feet or 0.99 acres+/- PARCEL 01-0001-0022 A portion of the SE1/4 of Section 1, Township 26 South, Range 21 East, Salt Lake Base & Meridian, located in Moab City, Utah, more particularly described as follows: Beginning at a point on the Easterly Right-of-Way of US Highway 191, located East 594.76 feet and North 96.56 feet from the South 1/4 Corner of Section 1, T26S, R21E, SLB&M, said Section corner being located N33°59'44”E 366.34 feet from a street monument marking the intersection of Huntridge Drive and Birch Avenue (Basis of Bearing is S89°47'00”E along the monument line between two survey control monuments in 300 South Street at the intersections of 100 East Street and 300 East Street); thence N15°11'27"W along the right-of-way of said highway 196.82 feet to the Southerly line of that Real Property described in Deed Entry No. 508927 of the Official Records of Grand County; thence N76°40'00"E along said deed 258.37 feet; thence S13°20'00"E 55.13 feet; thence N76°40'00"E 128.77 feet to the Westerly line of a 30' Wide Right-of-Way disclosed in Deed Entry No. 295408 of the Official Records of Grand County; thence S02°54'27"E along said right-of-way 144.43 feet; thence S76°44'33"W 354.63 feet to the point of beginning. Contains: 66,668 square feet or 1.53 acres+/- LO C A T I O N : S E 1 / 4 O F S E C T I O N 1 , T 2 6 S , R 2 1 E , S L B & M MO A B C I T Y , U T A H PR O P E R T Y O F : A S S H O W N H E R E O N PR E P A R E D F O R : B E E C H E R W A L K E R A R C H I T E C T S 28 6 . 4 4 NO R T H TIE PARCEL 01-0001-0026 EAST 542.96 SOUTH 1/4 CORNER OF SECTION 1, T26S, R21E, SLB&M (CALCULATED PER CENTERLINE MONUMENTS FOUND IN MOUNTAINVIEW SUBDIVISIONS) 1 12 36 1 T25S T26S NORTH 1/4 CORNER OF SECTION 1, T26S, R21E, SLB&M (1" ROD IN MONUMENT WELL) HUNTRIDGE DR & BIRCH AVE HUNTRIDGE DR & ASPEN AVE 300 SOUTH ST & 100 EAST ST (IRON ROD) 300 SOUTH ST & 300 EAST ST (IRON ROD) 8 6 7 . 3 1 ( M E A S U R E D ) S 3 3 ° 4 8 ' 3 7 " W N3 3 ° 5 9 ' 4 4 " E 36 6 . 3 4 S3 3 ° 4 7 ' 4 4 " W 1,6 2 3 . 4 6 BASIS OF BEARING: S89°47'00"E 1,121.97 (MEASURED) (PER SURVEYS DONE BY OTHERS) S0 ° 0 4 ' 2 8 ' W 5, 2 5 3 . 5 0 TIE PARCEL 01-0001-0022 EAST 594.76 96 . 5 6 NO R T H POINT OF BEGINNING PROPOSED PARCEL 01-001-0026 POINT OF BEGINNING PROPOSED PARCEL 01-001-0022 LLEWELYN SPENCER W. No. 10516507 A H O TFUTE S AT PROFE S S I O N A L LAND SU R V E Y OR 02/25/21 02/25/2021 LEGAL DESCRIPTIONS PREPARED FOR THE RADCLIFFE HOTEL MOAB, UTAH (January 26, 2021) 18-026 PARCEL LINE ADJUSTMENT DESCRIPTIONS CURRENT PARCEL DESCRIPTIONS PARCEL 01-0001-0026 BEGINNING AT A 5/8" REBAR WHICH BEAR NORTH 344.2 FEET AND EAST 786.2 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 1, TOWNSHIP 26, SOUTH, RANGE 21 EAST; PROCEEDING THENCE SOUTH 76°40' WEST 250 FEET TO A 5/8" REBAR; THENCE NORTH 13°20' WEST 192.5 FEET TO A 5/8" REBAR; THENCE NORTH 3.2 FEET TO A POINT WHICH LIES 5 FEET IN BACK OF THE BACK-OF- CURB OF URANIUM AVENUE; THENCE ALONG A LINE WHICH LIES PARALLEL TO AND 5 FEET IN BACK OF THE B.O.C. OF URANIUM AVENUE SOUTH 72°52' EAST 281.1 FEET; THENCE CONTINUING ALONG A LINE WHICH LIES PARALLEL TO AND 5 FEET IN BACK OF THE B.O.C. OF URANIUM AVENUE NORTH 89°08' EAST 146.45 FEET; THENCE SOUTH 0°17' WEST 22.3 FEET TO A 5.8" REBAR; THENCE SOUTH 76°40' WEST 130.8 FEET TO THE POINT OF BEGINNING. PARCEL 01-0001-0022 Beginning at a point which bears 621.2 feet East and North 15 degrees 16’ West 10 0 feet along U.S. Highway 191 from the South 1/4 Corner of Section 1, T26S, R21E, SLM, thence North 15 degrees 16’ West 197 feet, thence North 76 degrees 40’ East 427.7 feet, thence South 2 degrees 59’ East 200 feet, thence South 76 degrees 40’ West 385 fe et to beginning LESS any portion within State Highway 191 PROPOSED PARCEL DESCRIPTIONS PARCEL 01-0001-0026 A portion of the SE1/4 of Section 1, Township 26 South, Range 21 East, Salt Lake Base & Meridian, located in Moab City, Utah, more particularly described as follows: Beginning at a point on the Easterly Right-of-Way of US Highway 191, located East 542.96 feet and North 286.44 feet from the South 1/4 Corner of Section 1, T26S, R21E, SLB&M, said Section corner being located N33°59’44”E 366.34 feet from a street monument marking the intersection of Huntridge Drive and Birch Avenue (Basis of Bearing is S89°47’00”E along the monument line between two survey control monuments in 300 South Street at the intersections of 100 East Street and 300 East Street); thence N13°20'00"W along the Right-of-Way of said Highway 192.60 feet; thence North 3.20 feet to the Southerly right-of-way line of Uranium Avenue; thence along the Right-of-Way of said Uranium Avenue the following two (2) courses: 1) S72°52'00"E 281.10 feet; 2) N89°08'00"E 146.45 feet to the Westerly right-of-way line of 100 East Street; thence S00°17'00"W along said right- of-way 22.20 feet to the Northerly line of that Real Property as described in Deed Book 683 Page 224 of the Official Records of Grand County; thence N76°40'00"E along said deed 16.73 feet to the Westerly line of a 30’ Wide Right- of-Way disclosed in Deed Entry No. 295408 of the Official Records of Grand County ; thence S02°54'27"E along said right-of-way 56.06 feet; thence S76°40'00"W 128.77 feet; thence N13°20'00"W 55.13 feet to the Northerly line of said deed; thence S76°40'00"W along said deed 258.61 feet to the point of beginning. Contains: 42,965 square feet or 0.99 acres+/- PARCEL 01-0001-0022 A portion of the SE1/4 of Section 1, Township 26 South, Range 21 East, Salt Lake Base & Meridian, located in Moab City, Utah, more particularly described as follows: Beginning at a point on the Easterly Right-of-Way of US Highway 191, located East 594.76 feet and North 96.56 feet from the South 1/4 Corner of Section 1, T26S, R21E, SLB&M, said Section corner being located N33°59’44”E 366.34 feet from a street monument marking the intersection of Huntridge Drive and Birch Avenue (Basis of Bearing is S89°47’00”E along the monument line between two survey control monuments in 300 South Street at the intersections of 100 East Street and 300 East Street); thence N15°11'27"W along the right-of-way of said highway 196.82 feet to the Southerly line of that Real Property described in Deed Entry No. 508927 of the Official Records of Grand County; thence N76°40'00"E along said deed 258.37 feet; thence S13°20'00"E 55.13 feet; thence N76°40'00"E 128.77 feet to the Westerly line of a 30’ Wide Right-of-Way disclosed in Deed Entry No. 295408 of the Official Records of Grand County; thence S02°54'27"E along said right-of-way 144.43 feet; thence S76°44'33"W 354.63 feet to the point of beginning. Contains: 66,668 square feet or 1.53 acres+/- Utah Code Effective 5/14/2019 10-9a-608 Vacating, altering, or amending a subdivision plat. (1) 11-A fee owner of land, as shown on the last county assessment roll, in a subdivision that has been laid out and platted as provided in this part may file a written petition with the land use authority to have some or all of the plat vacated or amended. 12 -If a petition is filed under Subsection (1 )(a), the land use authority shall provide notice of the petition by mail, email, or other effective means to each affected entity that provides a service to an owner of record of the portion of the plat that is being vacated or amended at least 10 calendar days before the land use authority may approve the vacation or amendment of the plat. 13 -If a petition is filed under Subsection (1)(a), the land use authority shall hold a public hearing within 45 days after the day on which the petition is filed if: (i) any owner within the plat notifies the municipality of the owner's objection in writing within 10 days of mailed notification; or (ii)a public hearing is required because all of the owners in the subdivision have not signed the revised plat. 14 -Unless a local ordinance provides otherwise, the public hearing requirement of Subsection (1 )(c) does not apply and a land use authority may consider at a public meeting an owner's petition to vacate or amend a subdivision plat if: (a) the petition seeks to: (b) join two or more of the petitioner fee owner's contiguous lots; (c) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (d) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (e) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (f) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (g) notice has been given to adjacent property owners in accordance with any applicable local ordinance. 15 -Each request to vacate or amend a plat that contains a request to vacate or amend a public street or municipal utility easement is also subject to Section 10-9a-609.5. 16 -Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. (5) (a) The owners of record of adjacent parcels that are described by either a metes and bounds description or by a recorded plat may exchange title to portions of those parcels if the exchange of title is approved by the land use authority in accordance with Subsection (5)(b). (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if the exchange of title will not result in a violation of any land use ordinance. (c) If an exchange of title is approved under Subsection (5)(b): Page 1 Utah Code (i) a notice of approval shall be recorded in the office of the county recorder which: (A) is executed by each owner included in the exchange and by the land use authority; (B) contains an acknowledgment for each party executing the notice in accordance with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and (C) recites the descriptions of both the original parcels and the parcels created by the exchange of title; and (ii) a document of conveyance shall be recorded in the office of the county recorder. (d) A notice of approval recorded under this Subsection (5) does not act as a conveyance of title to real property and is not required in order to record a document conveying title to real property. (6) (a) The name of a recorded subdivision may be changed by recording an amended plat making that change, as provided in this section and subject to Subsection (6)(c). (b) The surveyor preparing the amended plat shall certify that the surveyor: (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; (ii) has completed a survey of the property described on the plat in accordance with Section 17-23-17 and has verified all measurements; and (iii) has placed monuments as represented on the plat. (c) An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the county recorder's office. (d) Except as provided in Subsection (6)(a), the recording of a declaration or other document that purports to change the name of a recorded plat is void. Amended by Chapter 384, 2019 General Session Page 2 Moab City Council Agenda Item Two-Mac Lot Consolidation Petition Meeting Date: April 13, 2021 Title: Consideration and Possible Approval of Moab City Resolution #15-2021 – A Resolution Approving the Lot Consolidation of properties located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, Utah 84532 Disposition: Discussion and Possible Action Staff Presenter: Cory P. Shurtleff, Assistant Planner Attachment(s): -Exhibit 1: Moab City Resolution #15-2021 -Exhibit 2: Vicinity Map -Exhibit 3: Recorded County Plat -Exhibit 4: Draft Survey Lot Consolidation Plat -Exhibit 5: State Code 10-9A-608 Options: 1.Approve with or without modifications; or 2.Continue or table item and give specific direction to the applicant and staff as to additional information needed; or 3.Deny petition Recommended Motion: I move that the Moab City Council approve Moab City Resolution #15-2021 – A Resolution Approving the Lot Consolidation of properties located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab, UT. Applicant: Douglas and Carma McElhaney, Owners Background: Applicants and property owners, Douglas and Carma McElhaney, submitted the City of Moab Petition to Vacate, Alter, or Amend a Subdivision Plat, Utah State Code 10-9A- 608(2)(a), on March 8, 2021, for the three properties located at 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab UT. On March 15, 2021, sufficient materials, in the form of a draft plat survey generated to show the Lot Consolidation Plat , were submitted to City Staff, Reviewed by the City’s Development Review Team. On April 8, 2021, the petition application was officially submitted for review at the City Council Meeting held on April 13, 2021. Project Summary: Location: 1043 S and 1053 S and 1063 S Mill Creek Drive, Moab UT Property Owner: Douglas and Carma McElhaney Lot 1 - 1043: 26,216.7 sf Lot 2 - 1053: 15,849.7 sf Lot 3 – 1063: 10,056.8 sf Proposed Lot: 52,165 sf, 1.20 acres Zoning: C-4 General Commercial Zone Existing Use: Vacant Planned Use: Residential Narrative Summary: Narrative supplied by Applicants – “Vacate the two interior lot lines in Two Macs Subdivision turning the three lot subdivision into a one lot subdivision with a total acreage of 1.20 acres. This is the next step in the process of River Rocks Condo Development a proposed 14 unit condo project.” Applicant and Property Owner, Douglas McElhaney, originally submitted the Minor Subdivision Application for the Two-Mac Minor Subdivision Resolution #01-2020, approved by City Council on February 11, 2020. The intention of that minor subdivision, was to allow the property owner to develop and sell individual lots for mixed-use residential and commercial development. Following the minor subdivision approval, the applicant pursued development and sale options for the lots. After exhausting potential options, the applicant is now proposing a phased Site Plan Application residential development of 14 condominium units over the whole original parcel area. In order to achieve the proposed site plan development, the applicant needs to re-consolidate the three lots that were generated during the original Two-Mac Minor Subdivision. The Lot Consolidation is what is being proposed through Resolution #15-202, the future residential development will be processed separately through the River Rock Condo Site Plan Application #21-0003. Process: Utah State Code Section 10-9A-608 (Attachment 4) addresses this situation: 10-9a-608-14 Unless a local ordinance provides otherwise, the public hearing requirement of Subsection (1)(c) does not apply and a land use authority may consider at a public meeting an owner’s petition to vacate or amend a subdivision plat if: a) The petition seeks to b) Join two or more of the petitioner fee owner’s contiguous lots;… Moab Municipal Code (16.08.050) includes a public hearing exemption for an amended plat if owners of both parcels sign the plat. The City Council has the authority to approve the plat amendment (lot consolidation) at a public meeting without a public hearing. CITY OF MOAB RESOLUTION NO. 15-2021 A RESOLUTION APPROVING THE LOT CONSOLIDATION OF PROPERTIES LOCATE AT 1043 S AND 1053 S AND 1063 S MILL CREEK DRIVE, MOAB, UT 84532 WHEREAS, The following describes the intent and purpose of this resolution: a.Property Owners, Douglas and Carma McElhaney (Applicants), wish to consolidate three (3) contiguous lots to create a single parcel; and b.The Applicants submitted to the City of Moab the appropriate application and documents for review and approval of the proposed lot consolidation as required in MMC Chapter 16; and c.The property is located in the C-4 General Commercial Zone and the existing use is allowed as a permitted use; and d.Owner desires to combine three (3) contiguous parcels (lots) into one parcel (lot). Existing parcels include (#01-0TWO-0001) at 26216.7 sf, and (#01-0TWO-0002) at 15849.7 sf, and (#01- 0TWO-0003) at 10056.8 creating a single parcel of 52,165 sf, 1.20 acres; and e.Utah State Code Section 10-9a-608-14 states that no public hearing is required for a petition that seeks to join two or more of the petitioner fee owner’s contiguous lots; and f.Moab Municipal Code Section 16.08.050 allows the City Council to approve plat amendments (Lot Consolidations) at a public meeting without a public hearing. g.Following the consideration of the technical aspects of the pertinent code sections, the Moab City Council, pursuant to Resolution #15-2021, hereby finds, that the lot consolidation can meet or exceeds the pertinent code requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the Two-Mac Lot Consolidation Petition is hereby APPROVED. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 13, 2021. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder 1 *w' , a r; -� 10 I Moab City Council Agenda Item Meeting Date: April 13, 2021 Title: Adopting a Resolution Establishing the City of Moab’s Participation as an Anchor Community in the Community Renewable Energy Program and Authorizing the Interlocal Agreement Between Participating Public Entities Date Submitted: April 7, 2021 Staff Presenter: Carly Castle, Deputy City Manager Attachment(s): o Resolution of the Moab City Council Approving an Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program o Interlocal Agreement Options: Discussion and possible action Recommended Motion: I move to approve the resolution establishing the City of Moab’s participation as an Anchor Community in the Community Renewable Energy Program and authorizing the Interlocal Agreement between participating public entities. Background/Summary: The Community Renewable Energy Program was established by HB 411 in 2019. The legislation allows eligible local governments to procure net-100% renewable electricity by 2030 on behalf of their residents and businesses. In all, 23 Utah communities, including the City of Moab, became eligible to participate in this public-private partnership with Rocky Mountain Power (RMP). This effort is unique in that it serves as a model of municipal partnership with a major utility to deliver a customer choice model to local communities. The City’s next step in the Community Renewable Energy Program is to sign an Interlocal Agreement that specifies how the participating communities will make decisions and share implementation costs. All participating communities must contribute payments to the program, which will go towards hiring the necessary experts to negotiate rates with RMP. Initial payments are due by the end of July 2021. Anchor communities are committed to contributing funds at a certain level in order to guarantee that the program’s revenue needs can be met, regardless of how many other communities ultimately sign the Interlocal Agreement and contribute money to the project. Thus, the amount specified in the attached resolution is the most that the City will be expected to pay over the next phases of the project. However, as more communities join, the amount of money that Moab will ultimately be asked to contribute will be reduced. CITY OF MOAB RESOLUTION NO. 17-2021 A RESOLUTION OF THE MOAB CITY COUNCIL APPROVING AN INTERLOCAL COOPERATION AGREEMENT AMONG PUBLIC ENTITIES REGARDING THE COMMUNITY RENEWABLE ENERGY PROGRAM WHEREAS, the Moab City Council (“Council”) met in regular session on April 13, 2021, to consider, among other things, approving an Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program; and WHEREAS, in 2019, the Utah State Legislature enacted H.B. 411 that was codified at Utah Code Ann. § 54-17-901 et seq. and is known as the “Community Renewable Energy Act” (“Act”); and WHEREAS, the Act authorizes the Utah Public Service Commission to establish a community renewable energy program whereby municipalities may cooperate with qualified utilities to provide electric energy for participating customers from renewable energy resources, in an amount that equals their annual consumption; and WHEREAS, the Act provides that to participate in the renewable resources program that a community (“Participating Community”) must adopt a resolution that establishes a goal of a net 100% renewable energy supply for that community by 2030; and WHEREAS, on or about August 13, 2019 the City of Moab adopted the applicable resolution to be a potential Participating Community and 22 other Utah communities adopted similar resolutions; and WHERAS, the Act contemplates (as supplemented by rules adopted by the Utah Public Service Commission) that the Participating Communities collaborate to develop a Community Renewable Energy Program and adopt a governance agreement (which is this Interlocal Agreement, a copy of which is attached hereto); and WHEREAS, the City of Moab is a public agency, and the services contemplated in the Interlocal Agreement are joint and cooperative actions, as contemplated in the Utah Local Cooperative Act; and WHEREAS, the Interlocal Agreement contemplates a concept known as an Anchor Community that creates a critical mass to make decisions and provides a financial mechanism to assure funding of critical components of the Program implementation; and WHEREAS, the City of Moab desires to become an Anchor Community and commit to contribute no more than $12,735.60 toward Phase 1 and Phase 2 Initial and Anchor Payments, in accordance with the Interlocal Agreement, to continue to implement the Program, however, such amount may be reduced depending on the number of other entities who become Anchor Communities; and WHEREAS, the Interlocal Agreement has been presented to the Council for review and approval; and WHEREAS, after careful consideration, the Council has determined that it is in the best interests of the health, safety and welfare of the City’s residents to so act; NOW, THEREFORE, BE IT RESOLVED that the Interlocal Agreement is approved, and that the Mayor and Recorder are hereby authorized and directed to execute and deliver the same. BE IT FUTHER RESOVED, that the Mayor is hereby authorized and directed to approve a revised Schedule 2 provided that the aggregate of the Phase 1 and 2 Initial and Anchor Payment as defined therein does not exceed $12,735.60 paid in accordance with the Interlocal Agreement. This Resolution assigned No. 17-201 shall take effect immediately on passage. PASSED AND APPROVED by the Moab City Council this 13 day of April 2021. MOAB CITY COUNCIL By: ______________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, City Recorder 3-31-21 1 INTERLOCAL COOPERATION AGREEMENT AMONG PUBLIC ENTITIES REGARDING THE COMMUNITY RENEWABLE ENERGY PROGRAM This Interlocal Cooperation Agreement (“Agreement”) is made among those public/governmental entities (“Listed Entities”) listed on Schedule 1 who have executed this Agreement and delivered the executed Agreement to the Secretary designated in Schedule 3 (“Secretary”). Each of the Listed Entities that duly executes and delivers this Agreement and that continues to indicate its intent to become a “Participating Community” as defined by Utah Administrative Rule R746-314 (“Rules”), as adopted by the Utah Public Service Commission (“Commission”), is and will remain an “Eligible Community” (as defined by the Rules) and will become a “Participating Community” (as defined by the Rules) upon satisfaction of all of the requirements of Utah Code Ann. § 54-17-902(10). This Agreement will become effective (“Effective Date”) five calendar days after the date that at least five Listed Entities have (i) executed and delivered this Agreement to the Secretary and (ii) notified the Secretary that they agree to become Anchor Communities and will timely make Anchor Payments, as defined in and required by Section 7 (each, an “Anchor Community”). Any Listed Entity may become a Party (as defined below) to this Agreement by executing and delivering this Agreement to the Secretary at any time, whether before or after the Effective Date, on or before January 31, 2022, or such other date as may be determined by the Community Renewable Energy Board (“Participation Deadline”), with no financial commitment prior to July 31, 2021. Each Listed Entity that desires to be a Party shall deliver an executed Agreement to the Secretary with the name and contact information for such Listed Entity primary and alternate Board Members. Each Listed Entity that also agrees to become an Anchor Community shall notify 3-31-21 2 the Secretary of the same and shall timely deliver its Anchor Payments to the Treasurer as specified in Section 7. In the event any Anchor Community later determines to withdraw as a Party or as an Anchor Community, Section 7.d. shall apply. For so long as a Listed Entity that executes and delivers this Agreement as specified herein remains an Eligible Community or a Participating Community, as applicable, and continues to make any payments required of it herein on and after July 31, 2021, it will individually be a “Party,” and all collectively will be the “Parties,” to this Agreement. RECITALS A. In 2019, the Utah State Legislature enacted H.B. 411 that was codified at Utah Code Ann. § 54-17-901 et seq. and is known as the “Community Renewal Energy Act” (“Act”). B. The Act authorizes a community renewable energy program (“Program”) to be proposed in an application (“Application”) to be filed by a qualified utility for approval by the Commission. The qualified utility relevant to this Program is Rocky Mountain Power, an unincorporated division of PacifiCorp, an Oregon Corporation (referred to herein as “RMP”). Upon Commission approval of the Program, RMP will be authorized to provide electric service from one or more “renewable energy resources” as defined by the Act (“Renewable Resources”) to end-use customers within the Participating Communities who participate in the Program (“Participating Customers”). Each Listed Entity has adopted a resolution that establishes a goal of a net 100% renewable energy supply for that community by 2030, and therefore is eligible to become a Participating Community as contemplated by the Act. C. The Act contemplates (as supplemented by the Rules) that the Parties will adopt a governance agreement (which is this Agreement) and enter into an agreement with RMP (“Service Agreement”) which must provide, among other things, for (i) the payment by the Parties of the costs associated with third-party expertise contracted by the Utah Division of Public Utilities and 3-31-21 3 the Utah Office of Consumer Services to assist with activities associated with the initial approval of the Program, (ii) payment by the Parties of the costs of providing certain notices required by the Act, (iii) determination of the obligations for payment of any termination charges associated with the Program that are not paid by Participating Customers and not included in Commission- approved utility rates for the Program to be paid by Participating Customers (“Program Rates”), (iv) identification of any proposed replacement assets, and (v) proposed plans addressing low- income programs and assistance. D. On or about January 7, 2020, the Commission adopted the Rules to facilitate implementation of the Program as contemplated by the Act. The Rules require the adoption by the Parties of this governance Agreement to establish a decision-making process among the Parties to ensure that the Parties will be able to reach a single joint decision on any necessary Program issues. E. Each of the Listed Entities that executes this Agreement, as an Eligible Community and a potential Participating Community, desires to enter into this governance Agreement as contemplated by the Act and Rules. F. The Listed Entities are all “public agencies” under the Interlocal Cooperation Act, Utah Code Ann. § 11-13-101 et seq. (“Interlocal Cooperation Act”) and are authorized to enter into this Agreement for joint or cooperative action, and to form a Community Renewable Energy Agency (“Agency”) as contemplated herein. G. The Parties have determined that it is mutually advantageous to enter into this Agreement. AGREEMENT NOW THEREFORE, pursuant to the Interlocal Cooperation Act, the Act and the Rules, and in consideration of the mutual covenants and promises of the Parties set forth herein, the Parties agree as follows to foster the legitimate interests of the Parties actively working together 3-31-21 4 to implement the Program pursuant to the Act and Rules for the mutual benefit of the Parties. The Parties recognize that the ability to provide renewable energy options to their residents transcends political jurisdictional boundaries within Utah and intergovernmental coordination is essential to facilitate the efficient use of both public and private resources. The Parties therefore agree as follows: 1. Purpose. The purpose of this Agreement is to establish the Agency and a decision- making process for Program design, cost share allocation, resource solicitation, resource acquisition, other Program issues and, as contemplated by the Act and Rules, to provide a means of ensuring that the Parties will be able to reach a single joint decision on necessary Program issues, and to implement the Program in their respective communities. 2. Governance and Administration of Agency. There is hereby created a governing board of the Agency called the Community Renewable Energy Board (“Board”). All action taken pursuant to this Agreement shall be governed and determined by the Board, which is comprised of representatives of the Parties. a. Board. i. Each Party may appoint one position on the Board from among its elected officials. ii. Board members (“Board Members”) will serve indefinitely at the pleasure of the appointing Party. Any appointment or removal of a Board Member will be evidenced by a letter from the Party’s chief executive officer or resolution of such Party’s governing body notifying the Secretary of such action. iii. A Party may designate an “alternate” Board Member from among its elected officials, appointed officials, or employees, to attend any Board meetings and to fully participate, including voting, in Board meetings on behalf of the Party if that Party’s designated 3-31-21 5 regular Board Member is not in attendance. The alternate Board Member serves indefinitely at the pleasure of the appointing Party and any appointment or removal of an alternative Board Member will be evidenced in the same way as the appointment of a regular Board Member for that Party. As used herein the term “Board Member” shall include a Party’s alternate Board Member acting in the place of a Board Member as appropriate. iv. The Board may not hold an electronic meeting until the Board has adopted a resolution or rule (“Policy”) governing the use of electronic meetings as required by the Utah Open and Public Meetings Act, Utah Code Ann. §52-4-101 et seq. (including any successor statutes, “OPMA”). If the Board has adopted such a Policy, then the Board Members may participate remotely/electronically as provided in the Policy, and in accordance with the OPMA. v. Unless otherwise specified herein, Board meetings, and all actions taken thereby, will require that a quorum of Board Members be present (either physically or, if permitted by the Policy, electronically) and shall operate in compliance with the OPMA. A simple majority of all Board Members shall constitute a quorum of Board Members. vi. Other than as specified in Section 2.a.vii, matters related to the operation of the Board, such as meeting times, meeting locations, the conduct of meetings, election of officers, a chair and vice-chair, etc., will be established and adopted by the Board as written bylaws, policies and/or procedures (“Bylaws”) that include, but are not limited to, creation of various committees, hiring outside consultants, lawyers and administrators, and issuance of requests for proposals. vii. The Parties agree to the appointment of an initial President, Secretary and Treasurer of the Agency as specified in Schedule 3. Until such time as the Board establishes Bylaws that include procedures and duties, and elects or appoints substitute officers, the President shall call and conduct board and committee meetings, conduct Agency business, and 3-31-21 6 retain and manage outside consultants, the Secretary shall receive and provide notices required or allowed hereunder and keep and prepare minutes and books of the Agency, and the Treasurer shall receive and hold payments in a separate ledger account for the benefit of the Agency and handle financial and accounting matters, including expenditures, of the Agency, in accordance with governmental accounting principles. viii. The Board shall appoint a "participating communities' representative" (“Participating Communities’ Representative”) as defined in the Rules to present the decisions and opinions of the Agency and to take other actions as required by the Act or the Rules. ix. The Board may, from time to time, appoint, establish, maintain, and replace any officers, the Participating Communities' Representative, executive committees, other committees, and outside administrative support as determined by the Board in accordance with the Bylaws. It is the intention of the Parties that the officers of the Agency will periodically be elected as set forth in the Bylaws, and that each Party will offer qualified employees to serve as potential officers of the Agency in order to equitably share administrative burdens and costs. b. Voting. i. Subject to Sections 2.b.ii, iii and iv, for all decisions and actions of the Agency as to all matters related to this Agreement, the Program, Commission and other proceedings relating to the Program, and otherwise, each Party as acted/voted upon by its Board Member will be entitled to one vote, and matters before the Board will be passed and approved by a vote of at least a majority of the Board Members who are present at a duly noticed meeting at which a quorum is present and who are present and voting with respect to a given matter. ii. Subject to Sections 2.b.iii and iv, any two Board Members who are present at a Board Meeting may call for a weighted vote of the Board (“Weighted Voting”) on any 3-31-21 7 action or matter appearing on the current agenda for action by the Board, in which event the Board’s action on the matter will be determined by votes weighted by the Participation Percentage (as defined in Section 6) of each voting Board Member. iii. Notwithstanding anything to the contrary in this Agreement, after the date on which the Commission has entered an order pursuant to Utah Code Ann. § 54-17-904 (3) approving the design and implementation of the Program (“Program Implementation”), neither the Agency nor any Party will make, propose or support any comment, give testimony or state a position with respect to any material change in connection with any Commission proceeding relating to the design or implementation of the Program unless and until such change has first been determined by the Board to be reasonable and material, and has been approved by Board Members, whether or not attending any given Board meeting, representing (A) at least two-thirds (2/3) of all Eligible Communities or Participating Communities, as then applicable, and (B) at least a majority of the Participation Percentages of all Eligible Communities or Participating Communities, as then applicable. iv. Before any new Renewable Resource for the Program is acquired or approved by the Commission, the Board will, in consultation with experts as deemed appropriate, calculate reasonably projected long-term incremental per-kilowatt-hour rate impacts on Participating Customers of the new Renewable Resource, in conjunction with all other previously- approved Program Renewable Resources (the “Incremental Rate Impact”). The Incremental Rate Impact will be calculated by comparing the reasonably projected RMP revenue requirement that would otherwise apply to Participating Customers under standard RMP tariff rates to the reasonably projected RMP revenue requirement that will apply to Participating Customers if the new Renewable Resource is acquired. Notwithstanding anything to the contrary in this Agreement, neither the Agency nor any Party will make, propose or support any comment, give 3-31-21 8 testimony or state a position in support of any such acquisition or approval of a Renewable Resource for the Program unless and until the same has been approved by Board Members, whether or not attending any given Board meeting, representing (A) in the case of an Incremental Rate Impact of 10% or more, at least two-thirds (2/3) of all Eligible Communities or Participating Communities, as then applicable, and at least two-thirds (2/3) of the Participation Percentages of all Eligible Communities or Participating Communities, as then applicable; or (B) in the case of an Incremental Rate Impact of less than 10%, at least a majority of all Eligible Communities or Participating Communities, as then applicable, and at least a majority of the Participation Percentages of all Eligible Communities or Participating Communities, as then applicable. 3. Immunity Act. The decisions made pursuant to this Agreement are governmental functions and the Parties are all governmental entities under the “Governmental Immunity Act of Utah” (Utah Code Ann. § 63G-7-101, et seq., or successor provision, the “Immunity Act”). The Parties do not waive any immunities, rights, or d efenses available under the Immunity Act, nor does any Party waive any limits of liability provided by the Immunity Act. Consistent with the terms of the Immunity Act, and as provided herein, it is mutually agreed that each Party is responsible and liable for its own wrongful or negligent acts which are committed by it or by its agents, officials, or employees. 4. Withdrawal. a. Before July 31, 2021. Any time prior to July 31, 2021, a Party that has previously executed and delivered this Agreement may elect not to continue as an Eligible Community and may withdraw as a Party to this Agreement by providing a notice as specified in Section 11 (“Notice”) to the Secretary of its intent to withdraw. The Secretary will provide Notice to all Parties of each Party that provided such a Notice of withdrawal or that did not timely make its Initial Payment as required by Section 7.b.i, and any such Party will be deemed to have 3-31-21 9 withdrawn as a Party to this Agreement as of July 31, 2021, unless the Initial Payment is paid within fifteen days of such Notice from the Secretary. An Eligible Community that withdraws or is deemed to have withdrawn as of July 31, 2021, will have no financial commitment to the Agency or the other Parties as a result of its participation in the Agency or its withdrawal as a Party hereto, other than as provided in Section 3. b. Before Passage of Ordinance. From July 31, 2021 to the deadline for a Party to adopt an ordinance as required by Utah Code Ann. § 54-17-903(2)(c) following Program Implementation a Party may elect not to become a Participating Community and may withdraw as a Party to this Agreement by providing at least thirty days’ advance Notice to the Secretary of its intent to withdraw. c. Effect of Withdrawal. Upon delivery of any Notice of withdrawal or upon any deemed withdrawal of a Party, the withdrawing Party’s Board Member must relinquish his or her position as Board Chair/Vice-Chair and as an officer, as applicable, and will also be automatically recused from all further discussions and votes on any matters affecting such withdrawal or the Program. Due to commitments made pursuant to this Agreement and the significant impact a withdrawal after July 31, 2021 may have on the other Parties, except as specifically provided herein, all Parties acknowledge and agree that any amount previously paid or committed to by any Party will not be refunded in whole or in part for any reason, including any withdrawal of a Party after July 31, 2021. d. After Passage of Ordinance. Neither the Act nor the Rules contemplates that Participating Communities who have adopted an ordinance as required by Utah Code Ann. § 54-17-903(2)(c) following Program Implementation can thereafter terminate participation in the Program or withdraw as a Party to this Agreement. 3-31-21 10 5. Admission of New Parties. Unless the Act is amended, no one other than the Listed Entities who become Parties as specified in this Agreement may or will become Parties to this Agreement. If the Act hereafter allows the admission of additional Parties, the Board may adopt policies and procedures for such admission, including, without limitation, execution and delivery of a counterpart of this Agreement by the new Party following approval by its governing body. 6. Participation Percentages. The weight of the vote (“Participation Percentage”) of each Party’s Board Member for all matters specified in Sections 2.b.ii, iii and iv will be determined pursuant to the provision of this paragraph. The Participation Percentages of all Listed Entities, assuming every Listed Entity is becoming and remains a Party, is based on the relative estimated population and annual electrical loads within each Listed Entity and is specified in Column C of Schedule 1 (“Original Weight”). a. From the Effective Date to July 31, 2021, the Participation Percentages of all Parties will equal each Party’s Original Weight as a percentage of the Original Weight of all Listed Entities who have previously become Parties by executing this Agreement and delivering it to the Secretary as specified herein. b. From August 1, 2021, to the end of Phase 1, each Party’s Participation Percentage will be based on its Phase 1 Payment obligation, including its Phase 1 Initial Payment obligation and any Phase 1 Anchor Payment obligation (as defined below), as a percentage of the total approved Phase 1 expenditures specified in Section 7.b. Such Participation Percentages will be updated and calculated prior to any Board meeting or vote if any Listed Entity has become a new Party and/or an Anchor Community since the last time the same were updated. c. From the end of Phase 1 through the end of Phase 2 each Party’s Participation Percentage will be as based on its aggregate Phase 1 and Phase 2 Payment 3-31-21 11 obligations, including its Phase 1 Initial Payment obligation, any Phase 1 Anchor Payment obligation, and any Phase 2 Initial or Anchor Payment obligations (as defined below), as a percentage of the total approved Phase 1and 2 expenditures as specified Sections 7.b. and 7.c. d. Unless otherwise agreed by all Parties, after the end of Phase 2, each Party’s Participation Percentage will be updated as of April 1 of each year, or such other date as determined by the Board, to reflect the relative estimated annual electrical loads of Participating Customers within such Participating Community as a percentage of the annual electrical loads of all Participating Customers within all Participating Communities, based upon the most recently available 12-month data or estimates from RMP as approved by the Board. e. The Participation Percentage of all parties shall equal 100%. 7. Phases/Expenditures/Payments. a. Subject to additions and changes approved by the Board, this Agreement specifies authorized activities of the Agency and associated costs and expenditures in connection with at least two phases of the development, implementation and operation of the Program (each, a “Phase”). A Listed Entity that desires to remain a Party to this Agreement must pay to the Treasurer its share of approved expenditures for each Phase on or before the due date(s) determined by the Board or if no date is determined by the Board then as specified herein (each, a “Payment”). b. The first Phase (“Phase 1”) will begin on the Effective Date and end on the date the design of the Program with proposed Program Rates has been submitted by RMP to the Commission for approval pursuant to Utah Code Ann. § 54-17-904 (“Program Submittal Date”). Phase 1 has approved expenditures in an amount of $350,000. Each Listed Entity that intends to become or remain a Party after July 31, 2021, or other date as determined by the Board, shall make Phase 1 Payments as follows: 3-31-21 12 i. Each Party that desires to remain a Phase 1 Party after July 31, 2021, or other date as determined by the Board, shall make one or more Payments to the Treasurer on or before July 31, 2021, or other date as determined by the Board, in the amount of its Phase 1 Initial Payment as specified in Column D of Schedule 1. After the Effective Date, the Agency may commit to expenditures only after Parties have made full or partial Payments in amounts sufficient to cover such expenditures. ii. Each Phase 1 Anchor Community shall also make one or more Phase 1 Anchor Payments to the Treasurer on or before October 31, 2021 for Anchor Communities that are municipalities and January 31, 2022 for Anchor Communities that are counties, or such other date in either case as may be determined by the Board, in an amount determined as specified below, up to the maximum Phase 1 Anchor Payment specified for such Anchor Community in Column D of Schedule 2. The aggregate total of all actual Phase 1 Anchor Payments shall equal the approved Phase 1 expenditures specified in Section 7.b, reduced by the aggregate total dollar amount received by the Treasurer in Phase 1 Initial Payments and from any other sources intended for such purpose other than from the Parties prior to January 31, 2022 or other date as determined by the Board, (“Phase 1 Remaining Balance”). The actual Phase 1 Anchor Payment to be paid by each Phase 1 Anchor Community shall be based on its proportionate share of the aggregate of all maximum Phase 1 Anchor Payments as specified in the “Total” Row of Column D of Schedule 2, multiplied by the Phase 1 Remaining Balance. Any Anchor Payments made by any Anchor Community in excess of such maximum Phase 1 Anchor Payments shall be entered in Column J of Schedule 2 and shall be deemed to be a prepayment (“Phase 2 Anchor Prepayment”) with respect to such Anchor Community’s Phase 2 Anchor Payment. The resulting actual Phase 1 Anchor Payment to be paid by each Phase 1 Anchor Community shall be entered in Column I of Schedule 2 and shall be paid to the Treasurer by each Phase 1 Anchor Community by October 31, 3-31-21 13 2021, for Anchor Communities that are municipalities and January 31, 2022 for Anchor Communities that are counties or such other date in each case as may be determined by the Board. iii. Except as provided in Section 7.c.ii or 7.e, no Phase 1 Initial Payment, Phase 2 Anchor Prepayment, or Phase 1 Anchor Payment will be refunded regardless of the actual Phase 1 or Phase 2 expenditures, and no additional Phase 1 Payments other than those specified herein will be required of any Party absent such Party’s consent. The Board will determine how any unused and uncommitted Phase 1 amounts held by it will be spent in connection with the Program. c. The second Phase (“Phase 2”) will begin on the Program Submittal Date and end on the expiration of the “implementation period” as defined in the Rules. Phase 2 has approved expenditures in an amount not to exceed $350,000 or such lesser amount as approved by the Board. Each Party that intends to remain a Phase 2 Party shall make Phase 2 Payments as follows: i. Each Party that desires to remain a Phase 2 Party shall make one or more Payments to the Treasurer on or before July 31, 2022, or other date as determined by the Board, in the amount of its Phase 2 Initial Payment as specified in Column E of Schedule 1. ii. Each Phase 2 Anchor Community shall also make one or more Phase 2 Anchor Payments to the Treasurer on or before October 31, 2022, for Anchor Communities that are municipalities and January 31, 2023 for Anchor Communities that are counties or such other date in each case as may be determined by the Board, in an amount determined as specified below, up to the maximum Phase 2 Anchor Payment specified for such Anchor Community in Column G of Schedule 2. The aggregate total of all actual Phase 2 Anchor Payments shall equal the aggregate of the approved Phase 1 and Phase 2 expenditures specified in Sections 7.b and 7.c, reduced by the aggregate total dollar amount of all Phase 1 and Phase 2 Initial 3-31-21 14 Payments and any other amounts received from sources intended for such purpose other than Parties by July 31, 2022, or other date as determined by the Board, and further reduced by all Phase 1 Anchor Payments received by July 31, 2021, or other date as determined by the Board (“Phase 2 Remaining Balance”). The actual Phase 2 Anchor Payment to be paid by each Phase 2 Anchor Community shall be based on its proportionate share of the aggregate of all maximum Phase 2 Anchor Payments as specified in the “Total” Row of Column G of Schedule 2, multiplied by the Phase 2 Remaining Balance, as adjusted to credit each Phase 1 Anchor Community for its proportionate share of any Phase 1 Anchor Payments received by the Treasurer after July 31, 2021, or other date as determined by the Board. The resulting actual Phase 2 Anchor Payment to be paid by each Phase 2 Anchor Community shall be entered in Column K of Schedule 2 and shall be paid to the Treasurer by each Phase 2 Anchor Community by October 31, 2022 or other date as determined by the Board. In the event an Anchor Community’s Phase 2 Anchor Prepayment exceeds its actual Phase 2 Anchor Payment obligation, the Treasurer shall refund the excess prepayment. iii. Except as provided in Section 7.e and 7.c.ii, no Phase 2 Initial Payment or Phase 2 Anchor Payment will be refunded regardless of the actual Phase 1 or Phase 2 expenditures, and no additional Phase 2 Payments other than those specified herein will be required of any Party absent such Party’s consent. The Board will determine how any unused and uncommitted Phase 1 or Phase 2 amounts held by it will be spent in connection with the Program. d. If at any time an Anchor Community provides Notice to the Secretary that it elects to withdraw as a Party to this Agreement or as an Anchor Community, or if an Anchor Community fails to make any Phase 1 or Phase 2 Initial Payment or Anchor Payment as required hereunder, or if an Anchor Community is otherwise deemed to have withdrawn from this Agreement, the Secretary shall provide Notice to all Parties of the same and this Agreement shall 3-31-21 15 terminate unless all remaining Anchor Communities, including any other Parties that then agree to become Anchor Communities, reach agreement within 90 calendar days of such Notice as to expenditures and future Anchor Community Payments. e. If this Agreement is terminated, any unused and uncommitted Payments or Phase 2 Anchor Prepayment held by the Agency or the Treasurer shall be refunded to the Parties making the Phase 2 Anchor Prepayment or otherwise based on their relative total Payments previously paid. f. Any other or additional Phases approved by the Board in addition to Phase 1 and Phase 2 will include such activities, expenditures and Payment requirements as may be determined by the Board. g. Notwithstanding anything to the contrary in this Agreement, each Eligible Community shall be solely responsible for paying separately all costs and expenses of providing notice within such Eligible Community as required by Sections 54-17-905(1) and (6)(a) of the Act. 8. Commitments Subject to Appropriation; Failure to Pay. All of the financial commitments made herein by the Parties, as governmental entities, are subject to the appropriation of funds approved by a Party’s governing body and the limitations on future budget commitments provided under applicable Utah law, including the Utah Constitution. In the event the governing body of a Party fails to make appropriations necessary to satisfy the Party’s financial obligations hereunder, such failure to make an appropriation shall not be considered a breach of the Agreement and such Party shall endeavor to provide timely Notice of the same to the Secretary and to all Parties of its withdrawal from this Agreement. In the event a Party otherwise fails to timely make any Payment required by this Agreement, the Board will notify such Party of such non-payment and will provide 30 calendar days for such Party to make the required Payment. If such Party fails to make any such required Payment, the Agency may pursue all remedies available at law or equity 3-31-21 16 (including the judicial remedy of injunctive relief if applicable), and the Board may determine that such Eligible Community will be deemed to have withdrawn from this Agreement unless and until such Payment has been received. 9. Term. If not sooner terminated, the term of this Agreement shall be for 50 years from the Effective Date of this Agreement. 10. Amendment. This Agreement may not be amended except by written instrument signed by all the Parties. 11. Notices. All notices, requests, demands, and other communications hereunder (each, a “Notice”) to the Agency will be in writing and given by delivering a copy, by certified U.S. Mail, return receipt requested, to the Secretary specified in Schedule 3, as the same may be updated from time to time. Notice may also be sent to the Secretary via email as specified in Schedule 3, so long as the Notice is followed up by written notice via U.S. Mail unless the Secretary has provided written confirmation of receipt of such Notice. Notice information for each Party shall be included on such Party’s signature page to this Agreement, and may be updated from time to time by providing written Notice of the same to the Secretary. Notices received by the Secretary will promptly be sent electronically by the Secretary to all officers and Board Members of the Agency using such email address(es) as to which the Secretary has received Notice. 12. Interlocal Cooperation Act Requirements. The Parties enter into this Agreement pursuant to the Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows: a. Approval Resolution. This Agreement shall be conditioned upon the approval, execution and delivery to the Secretary of this Agreement by the Parties pursuant to and in accordance with the provisions of the Interlocal Cooperation Act, including the adoption of 3-31-21 17 resolutions of approval if such resolutions of the legislative bodies of the Parties are required by the Interlocal Cooperation Act. b. Attorney Approval as to Form. In accordance with the provisions of Utah Code Ann. §11-13-202.5(3), this Agreement shall be submitted to the attorney authorized to represent each Party for review as to proper form and compliance with applicable law before this Agreement becomes effective as to such Party or is delivered to the Secretary. c. Repository. A duly executed copy of this Agreement shall be filed with the keeper of records of each Party, pursuant to Utah Code Ann. §11-13-209. d. Joint Board. As required by Utah Code Ann. § 11-13-207, the Parties agree that the cooperative undertaking under this Agreement shall be administered by the Board. e. Real and Personal Property. No real or personal property shall be acquired jointly by the Parties as a result of this Agreement unless this Agreement has been amended to authorize such acquisition. To the extent that a Party acquires, holds, or disposes of any real or personal property for use in the joint or cooperative undertaking contemplated by this Agreement, such Party shall do so in the same manner that it deals with other property of such Party. f. Financing Joint Cooperative Undertaking; Budget. The functions to be performed by the joint or cooperative undertaking are those described in this Agreement. There will be no financing of this joint or cooperative undertaking and no formal budget shall be established or maintained. Each Party’s share of approved Agency expenditures shall be established and paid in accordance with this Agreement. 13. Entire Agreement & Schedules. This Agreement constitutes the entire agreement between the Parties regarding those subjects that are the subject matter of this Agreement, and this Agreement supersedes all prior agreements and understandings between the Parties pertaining thereto. All schedules annexed to this Agreement are expressly made a part of this Agreement as 3-31-21 18 though completely set forth herein. All references to this Agreement, either in this Agreement itself or in any of such writings, shall be deemed to refer to and include this Agreement and all such schedules and writings. 14. Governing Law & Venue. The provisions of this Agreement will be governed by and be construed in accordance with the laws of the state of Utah. Disputes and other issues between the Parties arising out of or related to this Agreement will, to the extent possible, be resolved by informal mediation. If informal mediation is unsuccessful then the disputing Parties shall attempt to mediate the dispute before an acceptable mediator. If the dispute is not successfully mediated or an acceptable mediator is not selected within ten business days of a request for mediation then the dispute will be decided by litigation in the Third Judicial District Court of Salt Lake County, Utah. 15. Waiver. No failure by any Party to insist upon strict performance of any covenant, duty, agreement, or condition of this Agreement, or to exercise any right or remedy consequent upon a breach thereof, will constitute a waiver of any such breach or of any other covenant, agreement, term, or condition of this Agreement. Any Party may, by Notice delivered in the manner provided in this Agreement, but will be under no obligation to, waive any of its rights or any condition to its obligations hereunder, or any duty, obligation or covenant of the other Parties. No waiver will affect or alter the remainder of this Agreement, but each and every other covenant, agreement, term, and condition hereof will continue in full force and effect with respect to any other then existing or subsequently occurring breach. 16. Severability. In the event that any condition, covenant, or other provision hereof is held to be invalid, void, or unenforceable, the same will be deemed severable from the remainder of this Agreement and will in no way affect any other covenant, condition, or other provision herein contained. If such condition, covenant, or other provision will be deemed invalid due to its 3-31-21 19 scope or breadth, such provision will be deemed valid to the extent of the scope or breadth permitted by law. 17. Ethics. The Board members shall, as applicable, comply with the requirements of the “Municipal Officers and Employees Disclosure Act” (Part 13 of Chapter 3 of Title 10 of the Utah Code), the “County Officers and Employees Disclosure Act” (Chapter 16a of Title 17 of the Utah Code), the “Public Officers and Employees Ethics Act” (Chapter 16 of Title 67 of the Utah Code) and other applicable statutory provisions related to ethics and honesty in public government service. 18. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. Delivery of an executed signature page by e-mail transmission or electronic signature shall be effective as delivery of a manually signed counterpart of this Agreement. 19. Third-Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any claim or right of action by any third person under this Agreement. It is the express intention of the Parties that any person, other than the Party who receives benefits under this Agreement, shall be deemed an incidental beneficiary only. 20. Authorization. The individuals executing this Agreement on behalf of the Parties confirm that they are duly authorized representatives of the Parties and are lawfully enabled to execute this Agreement on behalf of the Parties. IN WITNESS WHEREOF, each of the Parties, by resolution duly adopted, has caused this Agreement to be signed and delivered. [Signatures begin after Schedules] SCHEDULE 1 [Listed Entities/Original Weights/Initial Payments] A B C D E Listed Entities: Original Weight (%): Phase 1 Initial Payment [Due 7/31/21] Phase 2 Initial Payment [Due 7/31/22] 1 Grand County 0.603 2,109.37 2,109.37 2 Salt Lake County 3.306 11,570.26 11,570.26 3 Summit County 3.074 10,759.97 10,759.97 4 Town of Alta 0.063 218.93 218.93 5 Bluffdale City 3.168 11,088.57 11,088.57 6 Town of Castle Valley 0.030 106.74 106.74 7 Coalville City 0.161 562.99 562.99 8 Cottonwood Heights 3.126 10,942.10 10,942.10 9 Emigration Canyon Township 0.130 456.22 456.22 10 Francis City 0.120 421.54 421.54 11 City of Holladay 2.682 9,387.72 9,387.72 12 Kamas City 0.212 743.49 743.49 13 Kearns 2.745 9,606.01 9,606.01 14 Moab City 0.639 2,237.95 2,237.95 15 Millcreek 5.263 18,421.40 18,421.40 16 Oakley City 0.149 520 520 17 Ogden City 10.211 35,737.26 35,737.26 18 City of Orem 8.863 31,019.52 31,019.52 19 Park City 1.926 6,742.38 6,742.38 20 Salt Lake City 28.872 101,050.33 101,050.33 21 Springdale City 0.138 481.26 481.26 22 West Jordan City 10.833 37,916.77 37,916.77 23 West Valley City 13.685 47,899.22 47,899.22 SUM 100.00 350,000.00 350,000.00 SCHEDULE 2 [Anchor Communities/Anchor Payments] A B C D E F G H I J K L Anchor Communities* Phase 1 Initial Payment (from Schedule 1) Maximum Phase 1 Anchor Payment Maximum Phase 1 Total Payments Phase 2 Initial Payment (from Schedule 1) Maximum Phase 2 Anchor Payment Maximum Phase 2 Total Payments Actual Phase 1 Anchor Payment Actual Phase 2 Anchor Pre- Payment Actual Phase 2 Anchor Payment Total Maximum Phase 1 and Phase 2 Initial and Anchor Payments 1 Grand County 2,109.37 2,716.04 4,825.41 2,109.37 2,716.04 4,825.41 9,650.82 2 Salt Lake County 11,570.26 14,897.93 26,468.19 11,570.26 14,897.93 26,468.19 52,936.38 3 Summit County 10,759.97 13,854.61 24,614.58 10,759.97 13,854.61 24,614.58 49,229.16 4 Town of Castle Valley 106.74 137.44 244.18 106.74 137.44 244.18 488.36 5 Moab City 2,237.95 2,881.60 5,119.55 2,237.95 2,881.60 5,119.55 10,239.10 6 Millcreek 18,421.40 23,719.50 42,140.90 18,421.40 23,719.50 42,140.90 84,281.80 7 Park City 6,742.38 8,681.52 15,423.90 6,742.38 8,681.52 15,423.90 30,847.80 8 Salt Lake City 101,050.33 130,112.96 231,163.29 101,050.33 130,112.96 231,163.29 462,326.58 TOTALS: 152,998.40 197,001.60 350,000.00 152,998.40 197,001.60 350,000.00 700,000.00 *Not final until signed SCHEDULE 3 [Initial Officers/Contact Information/Payment Information] Initial President: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ Initial Secretary: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ Initial Treasurer ______________________ ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ Payment Information: ______________________ ______________________ ______________________ ______________________ ______________________ GRAND COUNTY GRAND COUNTY By _______________________________ Print:_____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ Dated:___________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ SALT LAKE COUNTY SALT LAKE COUNTY By _______________________________ Print:_____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ Dated:___________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ SUMMIT COUNTY SUMMIT COUNTY By _______________________________ Print:_____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ Dated:___________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ TOWN OF ALTA TOWN OF ALTA By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ Dated:___________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ BLUFFDALE CITY BLUFFDALE CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________\ TOWN OF CASTLE VALLEY TOWN OF CASTLE VALLEY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ COALVILLE CITY COALVILLE CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ COTTONWOOD HEIGHTS COTTONWOOD HEIGHTS By _______________________________ Print:_____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ EMIGRATION CANYON TOWNSHIP EMIGRATION CANYON TOWNSHIP By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ FRANCIS CITY FRANCIS CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ CITY OF HOLLADAY CITY OF HOLLADAY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ 3-31-21 2 KAMAS CITY KAMAS CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ KEARNS METRO TOWNSHIP KEARNS METRO TOWNSHIP By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ MOAB CITY MOAB CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ MILLCREEK MILLCREEK By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ 3-31-21 2 OAKLEY CITY OAKLEY CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ ODGEN CITY ODGEN CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ OREM CITY OREM CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ PARK CITY PARK CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ SALT LAKE CITY SALT LAKE CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ 3-31-21 2 SPRINGDALE CITY SPRINGDALE CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ 3-31-21 3 WEST JORDAN CITY WEST JORDAN CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ 3-31-21 2 WEST VALLEY CITY WEST VALLEY CITY By _______________________________ Print:____________________________ Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________ DATED:_________________________ Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ 1 Moab City Council Agenda Item Meeting Date: April 13, 2021 Item: City of Moab Noise Control Ordinance 2021-07 - initial draft for consideration Staff Presenter: Laurie Simonson, City Attorney Disposition: Discussion and request for direction to staff Attachments: - Attachment 1: Draft City of Moab Noise Control Ordinance 2021-07 - Attachment 2: Current City of Moab Noise Ordinance (Moab Municipal Code Chapter 8.24) - Attachment 3: City of Ogden Noise Ordinance - Attachment 4: Grand County Draft Noise Ordinance - Attachment 5: Utah Code Annotated §10-3-703 - Attachment 6: Sand Flats UTV Plot - Attachment 7: FHWA Remel Graph of Vehicle Noise Emissions vs. Speed - Attachment 8: 40 Code of Federal Regulations §205.152 - Attachment 9: 40 Code of Federal Regulations §205.52 Background: The purpose of this draft Noise Control Ordinance (“Ordinance”) is to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of the citizens of Moab or degrade their quality of life. The City of Moab has the authority to regulate noise pursuant to authority granted by state statute and by the City’s inherent police power as noise pollution and excessive noise are health and safety issues. (See Attachment 1 at page 3.) This Ordinance, if adopted, is intended to replace the City’s current noise regulations found in Moab Municipal Code, Chapter 8.24. Attachment 2 reflects the City’s current noise regulations. (Please note that Attachment 2 – Current City of Moab Noise Ordinance does not reflect the correct Chapter number for the current noise regulations. This is because at the March 23, 2021 City Council meeting, the Council adopted Ordinance 2021-04 moving 2 the City’s noise regulations from Chapter 17 “Zoning” to Chapter 8 “Health and Safety” and so the correct numbering for the City’s current noise regulation is Chapter 8.24. At the time of drafting this Agenda Summary, this change was not yet reflected in the City’s Municipal Code as it does take time by our Code codifiers to make these changes.) The City’s noise consultant, Les Blomberg of the Noise Pollution Clearinghouse, reviewed the City’s current noise regulations and believed that the current regulations needed to be updated to more current community standards and thus recommended a revision of the City’s noise regulations in total. However, should the Council desire not to repeal the City’s current noise regulations in their entirety, the Council has the authority to repeal and replace portions of the current noise regulations as it sees fit. The provisions of this Ordinance are the result of collaboration with the OHV/ATV community (local business owners, Ride with Respect, the Motorized Trail Commission) and the County and Utah State University. Staff would also like to thank local OHV and ATV business owners for their time in meeting with the City Manager regarding this important issue. The provisions of this Ordinance are based upon: (1) previous input and direction from the City Council; (2) input from the OHV/ATV community; (3) the Environmental Protection Agency’s Model Community Noise Control Ordinance; (4) the City’s prior Noise Ordinance (Moab Municipal Code Chapter 8.24) (Attachment 2); (5) the Noise Ordinance from the City of Ogden (Attachment 3); (6); the County’s draft noise control ordinance (Attachment 4); consultation provided by Les Blomberg of the Noise Pollution Clearinghouse; (7) constraints placed on the City by state and federal law. The provisions of this Ordinance, and specifically some of the decibel limits, are similar to those found in other communities. For example, the City of Ogden, UT’s noise ordinance has a 55 dBA maximum sound level for residential receiving land use from 7:00 a.m. to 10:00 p.m. and a 50 dBA limit from 10:00 p.m. to 7:00 a.m. which are the same as proposed in this draft Ordinance. (See Attachment 3 at page 4 and Attachment 1 at page 11.) The City of Ogden’s maximum sound levels for non-residential receiving land uses are higher than those propose by this Ordinance but this Ordinance’s recommended maximum sound levels for non-residential receiving land uses are based upon the recommendation of the City’s noise consultant, Les 3 Blomberg. The City of Ogden’s maximum allowable noise sound pressure levels for motor vehicles weighing less than 10,000 pounds is 80 dBA measured from 25 feet. (See Attachment 3 at page 7.) This is consistent with the dBA level proposed in this Ordinance during the times of 8:00 a.m. to 8:00 p.m. (See Attachment 1 at page 14.) This Ordinance does propose a 78 dBA maximum allowable noise sound pressure levels for motor vehicles weighing less than 10,000 pounds from 8:00 p.m. to 8:00 a.m. Note that the City of Ogden’s noise ordinance does have hours restrictions for maximum allowable noise sound pressure levels for motor vehicles weighing more than 10,000 pounds. (See Attachment 3 at page 7.) The City of Ogden’s enforcement section (12-14-10) indicated that a violation of the ordinance is a Class B misdemeanor which is consistent with this Ordinance. (See Attachment 3 at page 8 and Attachment 1 at page 16.) The decibel limits proposed in this Ordinance are also consistent with those proposed by Grand County. For example, the County has proposed a 92 dBA limit measured by a 20” stationary test for ATVs manufactured in 2021 or earlier (and then phases in more restrictive maximum sound pressure levels over time). (See Attachment 4 at page 10.) This Ordinance proposes a 92dBA limit for motor vehicles when measured by a 20” stationary test during daytime hours. (See Attachment 1 at page 13.) The County’s ordinance proposes a maximum sound pressure level of 80 dBA for vehicles weighing less than 10,000 pounds (and motorcycles) measured by a 25’ pass by test during daytime hours and 78 dBA for nighttime hours. (See Attachment 4 at page 10.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 14.) The County’s ordinance also proposes a maximum sound pressure level of 74 dBA for vehicles weighing less than 10,000 pounds (and motorcycles) measured by a 50’ pass by test during daytime hours and 72 dBA for nighttime hours. (See Attachment 4 at page 11.) This Ordinance proposes the same DBA limits for daytime hours and nighttime hours. (See Attachment 1 at page 14.) The County’s nighttime hours (called “Restricted Hours” in their ordinance) are from 9:00 p.m. to 7:00 a.m. (and 9:00 p.m. to 9:00 a.m. on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10:00 p.m. to 6:00 a.m. (See Attachment 4 at page 8.) The proposed nighttime hours in this Ordinance are 8:00 p.m. to 8:00 a.m. based upon the rationale behind the initial draft 4 legislation (Senate Bill 168) that the City supported. The Council is certainly able to change the nighttime hours in this Ordinance as it deliberates this draft. The enforcement provisions of this Ordinance are consistent with the enforcement provisions of the draft County ordinance. Violation of the County’s ordinance is a Class B misdemeanor. (See Attachment 4 at page 15.) Violation of this Ordinance is a Class B misdemeanor. (See Attachment 1 at page 16. Section 8.24.080(A) “Violation.”) Note that state law limits the penalties that a municipality may impose for violation of a “moving traffic ordinance.” The City may not impose a civil penalty for a “moving traffic ordinance.” (See Attachment 5. UCA §10-3-703.) This Ordinance also includes recommendations made by the Motorized Trails Committee. City staff has met with the Motorized Trails Committee and its Chair, Clif Koonz would like to thank them very much for their time and input. This Ordinance includes input received from local OHV and ATV business owners at the Moab Chamber of Commerce listening sessions held on March 15 and 26, 2021. Local business owners felt that their fleets would comply with a 92 dBA stationary tailpipe test. Some local business owners indicated that they are also following a voluntary nighttime curfew for their rental fleets. Additionally, there was a strong sentiment conveyed at these listening sessions that the noise regulations adopted by the City and County be consistent. This Ordinance strives to achieve that goal. This Ordinance includes various options for the Council to consider to address vehicular noise such as a stationary test (20” tailpipe test), pass by test (at 25’ or 50’) and a compliance with EPA labeling requirements. The Council is at liberty to include all of these options in the Ordinance or just some of them. For purposes of reference regarding decibel levels for a pass by test, attached to this Agenda Summary are two pieces of data. The first is a plot of data obtained by Councilmember Duncan on San Flats Road on October 14, 2020 with decibel readings for passenger cars, SUV/van, Jeep, pickup truck, vehicle and trailer, big truck, motorcycle, Hummer, and UTV. (See Attachment 6.) The second is a graph of vehicle noise emissions vs. speed. This date is provided to give a general understanding of vehicle decibel readings. (See Attachment 7.) 5 Finally, it is important to note that by setting vehicle decibel limits, the City is not engaging in discrimination. Discrimination has a specific legal definition under Title VII of the Civil Rights Act. Title VII specifies certain protected categories. Vehicle ownership or operation is not a protected category under Title VII. Moreover, decibel limits for motorcycles and trucks over 10,000 pounds are already regulated by federal law. Street motorcycles or off-road motorcycles with engine displacements of 170 cc and lower manufactured in 1986 and thereafter are mandated by federal law to not exceed 80 dBA measured at 50 feet and street motorcycles manufactured from 1983 to 1985 cannot exceed 83 dBA measured at 50 feet. (See Attachment 8.) Off-road motorcycles with engine displacements greater than 170 cc manufactured in 1986 and thereafter are mandated by federal law to not exceed 82 dBA measured at 50 feet and street motorcycles manufactured from 1983 to 1985 cannot exceed 86 dBA measured at 50 feet. (See Attachment 8.) Vehicles in excess of 10,000 pounds manufactured in 1988 and thereafter are mandated by federal law to not exceed 80 dBA measured at 50 feet. Vehicles in excess of 10,000 pounds manufactured in from 1979 to 1987 are mandated by federal law to not exceed 83 dBA measured at 50 feet. (See Attachment 9.) This draft Noise Control Ordinance is presented to the Council for discussion and deliberation. The Council is at liberty to add to or remove portions of the Ordinance as it sees fit. Staff requests particular input as to the information contained in brackets in the draft Ordinance. 1 DRAFT - City of Moab Noise Control Ordinance 2021-07 8.24.010 Short Title 8.24.020 Declaration of Findings and Policy, Scope A. Declaration of Findings and Policy B. Scope 8.24.030 Terminology and Definitions A. Terminology B. Definitions 8.24.040 Prohibited Acts A. Noise Pollution Prohibited B. Specific Prohibitions 1. Radios, Television Sets, Musical Instruments and Similar Devices 2. Loudspeakers/Public Address Systems 3. Street Sales 4. Animals and Birds 5. Powered Model Vehicles 6. Motorboats 7. Compression Brakes 8. Tampering 8.24.050 Sound Levels by Receiving Land Use A. Maximum Permissible Sound Pressure Level B. Exemptions 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels B. Vehicle Maximum Sound Levels C. Motor Vehicle Horns and Signaling Devices D. Standing Motor Vehicles 8.24.070 Exceptions A. Emergency Exceptions B. Special Exceptions C. Exceptions for Time to Comply D. Appeals 2 8.24.080 Violation and Enforcement A. Violation B. Enforcement 8.24.090 Other Remedies 8.24.100 Severability 8.24.110 Effective Date 3 8.24.010 Short Title This Ordinance is titled and may be cited as the Noise Control Ordinance or Chapter of the City of Moab. 8.24.020 Declarations of Findings and Policy, Scope A. Declaration of Findings and Policy WHEREAS, excessive noise and vibration are serious hazards to public health, welfare, safety, and quality of life; WHEREAS, numerous studies have found that noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke and that small increases in unwanted ambient sound have significant health effects and that noise aggravates health conditions by inducing higher levels of stress; WHEREAS, a substantial body of science and technology exists by which excessive noise and vibration may be substantially abated; WHEREAS, people have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare, or safety or degrade their quality of life; WHEREAS, pursuant to Utah Code Annotated §10-8-76 Noise Abatement, a municipality may regulate noise; WHEREAS, pursuant to Utah Code Annotated §41-22-13 Prohibited Uses, “no person may operate an off-highway vehicle in connection with . . . damage to the environment which includes . . . excessive mechanical noise;” WHEREAS, pursuant to Utah Code Annotated §10-8-84 Ordinances, rules, and regulations -- Passage – Penalties, a municipal legislative body may “pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city;” NOW, THEREFORE, it is the policy of the City of Moab to prevent noise pollution and excessive noise which may jeopardize the health, comfort, convenience, welfare, peace or safety of its citizens or degrade their quality of life. B. Scope This Chapter shall apply to the control of all noise originating within the limits of the City of Moab. 4 8.24.030 Terminology and Definitions A. Terminology All terminology used in this Chapter not defined below shall be in conformance with federal, state, and local law and applicable publications of the American National Standards Institute (ANSI) or its successor body. B. Definitions The following definitions shall apply to this Chapter: “Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Utah Code Annotated §4-1-109.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code §17.06.020.) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code §17.06.020.) “All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain. (Utah Code Annotated §41-22-2(2).) “All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. All-terrain type II vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102. (Utah Code §41-22-2(3).) “All-terrain type III vehicle” means any other motor vehicle, not defined in Utah Code §41-22-2, Subsection (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. All-terrain type III vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Utah Code §41-1a-102. (Utah Code 5 §41-22-2(4).) “A-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and Fast response setting. The level so read is designated dB(A) or dBA. “C-Weighted Sound Level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the Fast response setting. The level so read is designated dB(C) or dBC. “Commercial Use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code §17.06.020.) “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights- of-way, structures, utilities or similar property. “Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger. “Emergency Work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency. “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors arc separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. “Harmful Industrial Noise” means noise as defined in Utah Code Annotated §34A-2-501. “Impulsive Sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Industrial Use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code §§17.36.010 - 020.) 6 “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Utah Code Annotated §41-6a-102. (Utah Code Annotated §41-1a-102(40).) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a- 1119; or a mobile carrier, as defined in Utah Code Annotated §41-6a-1120. (Utah Code Annotated §41-6a-102(40)(a)-(b).) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Utah Code Annotated §73-18-2) and any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft. “Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Utah Code Annotated §41-1a-102(42) and §41-6a-102(41).) “Muffler or Sound Dissipative Device” means a device for abating sound of escaping gases of an internal combustion engine. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals. “Noise Pollution” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; or (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. “Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all- terrain type II vehicle, all-terrain type III vehicle, or motorcycle.” (Utah Code Annotated §41-22-2(14).) “Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Utah Code Annotated §68-3-12.5(18).) “Places of Worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, synagogues, convents, monasteries, and mosques. (Moab Municipal Code §§17.06.020.) “Plainly Audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a 7 plainly audible sound. “Powered Model Vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket. “Public Roadway” means that portion of the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any state highways. (See Utah Code Annotated §41-6a-102(26) and (58).) “Public Space” means any real property or structures which are owned or controlled by a governmental entity. “Pure Tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. “Real Property Boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. “Residential Use or Dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code §§17.06.020.) “RMS Sound Pressure” means the square root of the time averaged square of the sound pressure, denoted Prms “Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound Level or Noise Level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof). “Sound Level Meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. 8 “Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy. “Sound Pressure Level” (SPL) means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10µN/m). The sound pressure level is denoted Lp, or SPL and is expressed in decibels. “State of Emergency” means a condition in any part of the state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Utah Code Annotated 53-2a-102 (14)) or any occurrence or set or circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action. “Street-Legal All-Terrain Vehicle” or “Street-Legal ATV” means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Utah Code Annotated §41-6a-1509 to operate on highways in the state in accordance with Utah Code Annotated §41-6a-1509. (Utah Code Annotated §41- 6a-102 (68).) “Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all- terrain vehicle, or motorcycle. “Weekday” means any day Monday through Friday which is not a legal holiday. 8.24.040 Prohibited Acts A. Noise Pollution Prohibited No person shall make, continue, or cause to be made or continued, any noise pollution. B. Specific Prohibitions The following acts, and the causing of the following acts, are declared to be in violation of this Chapter: 1. Radios, Television Sets, Musical Instruments, and Similar Devices Using, operating, playing, or permitting the use, operation, or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, personal sound system, vehicular sound system, or similar device which produces, reproduces, or amplifies sound: (a) Between the hours of [8:00 p.m. and 8:00 a.m.] the following day, in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [100] feet or more in any direction from the device or [100] feet or more from a real property boundary if on private property. This 9 prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Between the hours of [8:00 a.m. and 8:00 p.m.] in such a manner as to create noise pollution across a real property boundary or to be plainly audible at a distance of [200] feet or more in any direction from the device or [200] feet or more from a real property boundary if on private property. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) In such a manner as to be plainly audible at a distance of [100] feet or more in any direction when operated in or on a vehicle on a public roadway or public space, or in a boat on public waters. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; or (d) In such a manner as to create noise pollution to any person, other than the operator of the device, when operated on a common carrier. 2. Loudspeakers/Public Address Systems (a) Using or operating any loudspeaker, public address system or similar device: (1) between the hours of [8:00 p.m. and 8:00 a.m.] the following day, in such a manner as to create noise pollution or to be plainly audible across a real property boundary within a residential use; or (2) between the hours of [8:00 a.m. and 8:00 p.m. in such a manner as to be plainly audible [100] feet or more from a real property boundary within a residential use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (b) Using or operating any loudspeaker, public address system, or similar device: (1) between the hours of [8:00 p.m. and 8:00 a.m.] the following day, on a public roadway or in a public space; or (2) in such a manner as to create noise pollution across a real property boundary of a public roadway or public space or to be plainly audible at [100] feet or more from the device. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; (c) Using or operating any loudspeaker, public address system, or similar device in such a manner that the sound there from is plainly audible [200] feet or more from a real property boundary with a commercial or industrial use. This prohibition does not apply to activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 3. Street Sales The ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or 10 otherwise, and all performances and devices tending to the collection of persons on the streets or sidewalks of the City or the offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City. This prohibition does not apply to for activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code. 4. Animals and Birds Owning, possessing, or harboring any animal or bird which for continued duration (for example, more than [50] times per day) howls, barks, squawks, or makes other sounds which creates noise pollution or is plainly audible across a real property boundary of a residential use. 5. Powered Model Vehicles Operating or permitting the operation of powered model vehicles in such a manner as to create noise pollution across a real property boundary of a residential use or in a public space between the hours of [8:00 p.m. and 8:00 a.m.] the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 below and shall be measured at a distance of 50 feet from any point on the path of the vehicle. Maximum sound levels for residential property during the permitted period of operation, shall be governed by Table 1 below. 6. Motorboats Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of (a) [80] dBA at 50 feet; or (b) [70] dBA at any shoreline; or (c) [80] dBC at any shoreline. 7. Compression Brakes No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such a system or systems are used in an emergency to stop the vehicle. 8. Tampering The following acts, or causing the following acts, are prohibited: (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any muffler, noise control device, or element of design or noise label; (b) The use of a product, which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 11 8.24.050 Sound Levels by Receiving Land Use A. Maximum Permissible Sound Pressure Levels No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1 SOUND LEVELS BY RECEIVING LAND USE Receiving Land Use Sound Level Limit Category Time (dBA) (dBC) (Residential, [7 a.m. to 10 p.m.] [55] [65] Public Space Agriculture, or [10 p.m. to 7:00 am] [50] [60] Other Non-Commercial or Non-Industrial) Commercial or [At all times] [60] [70] Industrial B. Exemptions The provisions of Table 1 shall not apply to: 1. Those activities already regulated by section 8.24.040(B) Prohibited Acts; 2. The un-amplified human voice; 3. Interstate railway locomotives and cars; 4. Vehicles crossing the property line accessing private property or public roadways; 5. Non-stationary farming equipment and all agricultural activities; 6. Emergency vehicles; 7. Bells or chimes from places of religious worship; 8. Noise resulting from lawful fireworks [and noisemakers] used for celebration of an official holiday; 9. Construction activities on weekdays between the hours of [7:00 am to 8:00 p.m. and Saturdays 8:00 a.m. to 6:00 p.m.] or as specified in the conditions of approval; 12 10. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of [8:00 a.m. to 8:00 p.m.]; 11. Snow removal; 12. The Moab Water Reclamation Facility; and 13. Activities for which a special event or street performer permit has been issued pursuant to Title 4 of the Moab Municipal Code; 14. Any noise resulting from the maintenance of golf courses; 8.24.060 Vehicles on Public Roadways A. Mufflers, Sound Dissipative Devices, and Labels 1. A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise. A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. A person may not use a muffler cut-out, bypass, or similar device on a vehicle. (See Utah Code Annotated 41-6a-1626(1)(a)-(c).) 2. No person shall remove or render inoperative, other than for purposes of maintenance, repair, or replacement, any muffler, noise control device, or element of design or noise label. 3. No person shall use a vehicle which has had a muffler, noise control device, or element of design or noise label removed or rendered inoperative. 4. No person shall operate a motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. 5. No person shall operate an off-road motorcycle manufactured after December 31, 1985, not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Parts 205.152 and 205.158. B. Vehicle Maximum Sound Levels 1. No person shall operate, or cause to be operated, a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from 13 the center of the lane of travel. 2. No vehicle owner shall allow a person to operate a vehicle on a public roadway at any time in such a manner that the sound level emitted by the vehicle exceeds the level set forth in Table 2 measured at a distance of 25 feet or more, or 50 feet or more, from the center of the lane of travel. 3. No person shall operate, or cause to be operated, a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 4. No vehicle owner shall allow a person to operate a vehicle on a public roadway in such a manner that it is plainly audible at a distance of [500/750/1,000] feet or more in any direction from the vehicle. 5. No person shall operate, or cause to be operated, a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 a.m. to 8:00 p.m.]. 6. No vehicle owner shall allow a person to operate a vehicle on a public roadway that exceeds [92] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 a.m. to 8:00 p.m.]. 7. No person shall operate, or cause to be operated, a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 p.m. to 8:00 a.m.] the following day. 8. No vehicle owner shall allow a person to operate a vehicle under 10,000 GVWR on a public roadway that exceeds [85] dBA when measured from a stationary test at 20 inches from the exhaust outlet and 45 degrees to its exhaust axis, with the vehicle at 50 percent of maximum RPMs of the vehicle between the hours of [8:00 p.m. to 8:00 a.m.] the following day. 14 TABLE 2 VEHICLE SOUND LIMITS (MEASURED AT 50 OR 25 FEET AT SPEED LIMITS LESS THAN 35 MPH) Vehicle Class 25 feet or more 50 feet or more Motor Vehicles 88 dBA 82 dBA of GVWR or GCWR of 10,000 lbs or more All other vehicles [80] dBA [8:00 a.m. - 8:00 p.m.] [74] dBA [8:00 a.m. - 8:00 p.m.] of GVWR or GCWR of [78] dBA [8:00 p.m. - 8:00 a.m.] [72] dBA [8:00 p.m. - 8:00 a.m.] less than 10,000 lbs C. Motor Vehicle Horns and Signaling Devices Sounding of any horn or other auditory signaling device on or in any vehicle on any public roadway or public space (except as a warning of danger as provided in the vehicle code, or pursuant to a special event permit) is prohibited. D. Standing Motor Vehicles No person shall operate or cause to be operated, any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than [5] minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public roadway or public space or within [500] feet of a residential use. 8.24.70 Exceptions A. Emergency Exceptions The provisions of this Chapter shall not apply to; (a) the emission of sound for the purpose of alerting persons to the existence of a state of emergency, or (b) the emission of sound in the performance of emergency work. B. Special Exceptions 1. The [City Manager or City Council] shall have the authority, consistent with this section, to grant special exceptions to this Noise Control Chapter. 2. Any person seeking a special exception pursuant to this section shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception 15 may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year) time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this Chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions. 5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections 1-4 above. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception. C. Exceptions for Time to Comply 1. Within 60 days following the effective date of this Chapter, the owner of any commercial or industrial source of sound may apply to the [City Manager] for an exception in time to comply with this Chapter. The [City Manager] shall have the authority, consistent with this section, to grant an exception, not to exceed 1 year from the effective date of this Chapter. 2. Any person seeking an exception in time to comply shall file an application with the [City Manager]. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the [City Manager] containing any information to support their claim. If the [City Manager] finds that a sufficient 16 controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the [City Manager] shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the [City Manager] may reasonably require. In granting or denying an application, the [City Manager] shall create a written decision and the reasons for denying or granting the special exception. 4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. 5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections 1-4 above, except that the [City Manager] must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. 6. The [City Manager or City Council] may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply. D. Appeals Appeals of the decision of the [City Manager] on an application for an exception pursuant to Section B or C above shall be made to the [City Council]. Any appeal shall state the basis for the appeal. Decisions of the City Council may be made in writing or at a public meeting of the City Council. 8.24.080 Violation and Enforcement A. Violation [Any person who is found guilty of violating this Chapter, either by failing to do those acts required in this Chapter or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a 17 separate violation unless limited by Utah law.] B. Enforcement Any peace officer or code enforcement officer is authorized to enforce the provisions of this Chapter. 8.24.090 Other Remedies No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this Chapter or from other law. Furthermore, nuisances may be abated by Code Compliance. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager to abate any condition that exists in violation of this Chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Chapter shall be liable for all expenses incurred by the City in undertaking abatement. 8.24.100 Severability If any provision of this Chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Chapter shall not be invalidated. 8.24.110 Effective Date This Ordinance shall take effect upon passage. 17.74.010 17.74.020 17.74.030 17.74.040 17.74.050 17.74.060 17.74.070 17.74.080 17.74.090 17.74.100 17.74.110 17.74.120 17.74.130 17.74.140 Chapter 17.74 NOISE Sections: Definitions. Purpose. Jurisdiction. Powers and duties. Scope. Emergency orders. General prohibition of noise. Noise levels. Specific noise prohibitions. Exemptions. Relief from restrictions. Enforcement responsibility. Enforcement. Penalty. 17.74.010 Definitions. For the purposes of these regulations, unless otherwise defined in other sections of these regulations, the following terms, phrases and words shall have the meaning herein given: “Continuous sound” means any sound that exists, essentially without interruption, for a period of ten minutes or more. “Cyclically varying noise” means any sound that varies in sound level so that the same level is obtained repetitively at relatively uniform levels of time. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. “Dynamic braking device” means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purposes of braking without the use of wheel brakes, commonly referred to as “Jacob’s Brake” or “Jake Brake.” “Emergency” means a situation or occurrence, which in the opinion of the Chief of Police, Zoning Administrator, or Public Works Director, may present an imminent threat to the health, safety or welfare of any person, place or property. Ch. 17.74 Noise | Moab Municipal Code Page 1 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. Emergency vehicle means a motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger. Emergency work means work required to restore property to a safe condition following a public calamity or to protect persons or property from an imminent exposure to danger. Impulsive noise means a noise generating excursions of usually less than one second. Motor vehicle means any vehicle that is self-propelled by mechanical power, including, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, snowmobiles and racing vehicles. Muffler means an apparatus consisting of a series of chambers or baffle plates designed to transmit gases while reducing sound. Noise means any sound that is unwanted and causes or tends to cause an adverse psychological or physiological effect on human beings. Noise disturbance means any sound that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s). Plainly audible noise means any noise for which the information content of that noise is unambiguously transferred to the listener, including, but not limited to the understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms. Property boundary means an imaginary line at the ground surface, and its vertical extension that separates the real property owned by one person from that property owned by another person. Sound means a temporal and spatial oscillation in pressure, or other physical quantity with interval forces that cause compression or rarefaction of the medium, and that propagates at finite speed to distant points. Stationary noise source means any device, fixed or moveable, that is located or used on property other than a public right-of-way. (Ord. 94-26 (part), 1994) 17.74.020 Purpose. These regulations establish minimum standards to: A. Reduce the making and creation of excessive, unnecessary, or unusually loud noises within the limits of the City; and B. Prevent excessive, unnecessary, or unusually loud noises that are prolonged, unusual, or unreasonable in their time, place, or use, that affect and are a detriment to public health, comfort, convenience, safety, or welfare of the residents of the City; and Ch. 17.74 Noise | Moab Municipal Code Page 2 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. C. Secure and promote the public health, comfort, convenience, safety, welfare and the peace and quiet of the residents of the City. (Ord. 94-26 (part), 1994) 17.74.030 Jurisdiction. All noise control in this chapter shall be subject to the direction and control of the Chief of Police, Zoning Administrator and the Public Works Director. (Ord. 94-26 (part), 1994) 17.74.040 Powers and duties. The Chief of Police, Zoning Administrator and the Public Works Director shall be responsible for the administration of these rules and regulations and any other powers vested in them by law and shall make inspections of any premises and issue orders as necessary to effect the purposes of these regulations, and do any and all acts permitted by law that are necessary for the successful enforcement of these regulations. (Ord. 94-26 (part), 1994) 17.74.050 Scope. It is unlawful for any person not to comply with any rule or regulation promulgated by this chapter, unless expressly waived by these rules and regulations. (Ord. 94-26 (part), 1994) 17.74.060 Emergency orders. Whenever the Chief of Police, Zoning Administrator, Public Works Director or their official designees finds that an emergency exists, one or all of the following actions may be required to be taken: A. Order of Emergency Suspension. In time of a public calamity or disaster, emergency suspension of these rules and regulations may be ordered by the Chief of Police, Zoning Administrator or Public Works Director or their official designees for the duration of seventy-two hours, at which time the incident will be assessed and further suspension of these rules ended or suspended. B. Approval of Application for Exemption for Emergency Reasons. An individual may apply for emergency exemption to these rules and regulations based on good and reasonable cause due to emergency circumstances, as defined in this chapter. (Ord. 94-26 (part), 1994) 17.74.070 General prohibition of noise. It is unlawful for any person to produce, continue, or cause to be produced or continued, any noise disturbance within the limits of the City, as defined in this chapter. (Ord. 94-26 (part), 1994) Ch. 17.74 Noise | Moab Municipal Code Page 3 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. 17.74.080 Noise levels. The making and/or creating of excessive or unusually loud noise or sound within the City as identified in subsection (A) of this section, or identified and measured in the manner prescribed in subsection (B) of this section, or in violation of restricted hours as outlined in subsection (C) of this section is unlawful. A. On the public right-of-way or upon public property, from the source or device as to be plainly audible at a distance of fifty feet or on private property, as to be plainly audible at the property line. B. The noise shall be measured at a distance of at least twenty-five feet from the source of the device upon public property or within the public right-of-way or twenty-five feet from the property line if upon private property, and shall be measured on a decibel or sound level meter of standard design and quality on the “A” weighing scale. A measurement of sixty-five decibels shall be considered to be excessive and unusually loud. C. Hours of restriction are as follows: Residential: 10:00 p.m. to 7:00 a.m. Monday through Saturday Not before 9:00 a.m. Sunday Commercial: 10:00 p.m. to 6:00 a.m. Monday through Saturday. (Ord. 94-26 (part), 1994) 17.74.090 Specific noise prohibitions. The following acts are declared to be in violation of these rules and regulations: A. Horns and Signaling Devices. The sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle, or other within the City, except as a danger warning signal as provided by the Vehicle Code of the state of Utah. B. Radios, Television Sets, Tape Players, Musical Instruments and Similar Devices. Using, operating, or permitting, the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other device for the production or reproduction of sound: 1. In violation of Section 17.74.080 or in a way that is plainly audible beyond the property boundary of the source, or Ch. 17.74 Noise | Moab Municipal Code Page 4 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. 2. On public property, public rights-of-way, or private property at any time so as to be plainly audible fifty feet from the device. Permits to exceed the limits of this subdivision may be issued for special events on public property by the Chief of Police, recorder, or Zoning Administrator upon approval from the agency operating the public property; C. Public Loudspeakers. The use or operation of a loudspeaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound vehicle in or upon any street, alley, sidewalk, park, place or public or private property for the purposes of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmission of music to any persons or assemblages of persons in violation of Section 17.74.080, or cause a noise disturbance, unless a permit is first obtained as provided in Section 17.74.110. D. Hawkers and Peddlers. Selling any item or service by outcry within any area of the City in such a manner as to violate Section 17.74.080. It is unlawful for any person to solicit from any motor vehicle, unless a permit is first obtained as provided in Section 17.74.110. E. Animals. Owning, keeping, possessing, or harboring any animal or animals that, by frequent or habitual noise making, violates Section 17.74.080. The provision of this section shall apply to all private and public facilities, including any animal facilities that hold or treat animals; F. Loading Operation. Loading, unloading, opening, or otherwise handling boxes, crates, containers, garbage containers, or other objects in such a manner as to violate Section 17.74.080. G. Construction Work. It is unlawful for any person to perform or cause to be performed, any construction work on any construction site under his control in such a manner as to violate Section 17.74.080. The Chief of Police, Zoning Administrator or Public Works Director may authorize extended hours for construction operations or procedures which, by their nature, require continuous operation, or modify or waive the hours of work for or on projects in generally isolated areas where the extended hours do not impact upon adjoining property occupants; H. Domestic Power Equipment. Operating or permitting the operation of any power equipment rated five horsepower or less in residential or commercial zones, including, but not limited to, power saws, lawn mowers, garden equipment, or snow removal equipment for home or building repair or ground maintenance outdoors in such a manner as to violate Section 17.74.080. I. Fireworks or Explosives. The use of explosives, fireworks, discharge of guns or other explosive devices that are audible across a property boundary, public space, or right-of-way without first obtaining a permit as provided by Section 17.74.110. The provision shall not be construed to permit activities prohibited by other statutes, ordinances, or regulations governing such activity; J. Liquor License Premises. 1. Failure to Control Noise. Permitting or providing either live or recorded amplified music without first having closed all exterior doors and windows of the licensed premises to control noise. Doors may be opened to provide ingress and egress, but shall not be blocked in the open position to provide ventilation. Doors shall be equipped with automatic closing devices to keep them in the closed position except to permit ingress and egress of patrons, Ch. 17.74 Noise | Moab Municipal Code Page 5 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. 2. Outdoor Speakers. Permitting or causing to exist any loudspeaker or sound amplification equipment on any outdoor deck, patio, or garden associated with the licensed premises other than speaker systems or sound amplification in conjunction with approved outdoor dining; K. Racing Events. Permitting any motor racing event at any place in violation of Section 17.74.080 without first obtaining a permit as provided by Section 17.74.110. L. Powered Model Mechanical Devices. Flying a model aircraft powered by internal combustion engines, whether tethered or remote-controlled, or the firing or the operation of model rocket vehicles or other similar noise- producing devices in such a way as to violate Section 17.74.080. M. Dynamic Braking Device. Operating any motor vehicle with a dynamic braking device engaged, except for the avoidance of imminent danger; N. Defect in Vehicle. Operating or permitting the operation or use of any truck, automobile, motorcycle, or other motor vehicle because of disrepair or mode of operation violates Section 17.74.080. O. Garbage Collection. Collecting garbage, waste, refuse or recyclables materials on regularly scheduled collection in such a manner as to violate Section 17.74.080 or within three hundred feet of an area zoned residential; P. Standing Motor Vehicles. Operating, causing, or permitting the operation of any motor vehicle or any auxiliary equipment attached thereto either in violation of Section 17.74.080, or in such a way as to cause a disturbance in a residential zone for a consecutive period of fifteen minutes or longer; Q. Bells and Alarms. Sounding, operating, or permitting the sounding or operation of an electronically amplified signal from any burglar alarm, bell, chime, or clock, including but not limited to, bells, chimes, or clocks in schools, houses of religious worship or governmental buildings that fail to meet the standards in Section 17.74.080 for longer than five minutes in any hour; R. Fixed Siren, Whistles and Horns. Sounding or causing the sounding of any whistle, horn or siren as a signal for commencing or suspending work or for any other purpose in violation of Section 17.74.080, except as a sound of imminent danger; S. Recreation Vehicles and Snowmobiles. Operating a recreational vehicle or snowmobile in any way that violates Section 17.74.080. T. Motor Vehicle Noise. No person shall operate or cause to be operated any motor vehicle unless the exhaust system is free from defects that affect sound reduction; equipped with a muffler or other noise dissipative device; and not equipped with any cut-out, by-pass or similar device. (Ord. 94-26 (part), 1994) 17.74.100 Exemptions. The following uses and activities shall be exempt from noise level regulations: A. Noise of safety signals, warning devices and emergency pressure relief valves; Ch. 17.74 Noise | Moab Municipal Code Page 6 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. B. Noise resulting from any authorized emergency vehicle when responding to an emergency call or in time of an emergency; C. Noise resulting from emergency work; D. Noise resulting from lawful fireworks and noisemakers used for celebration of an official holiday; E. Any noise resulting from activities of a temporary nature during periods permitted by law for which a license has been approved by the Chief of Police, Zoning Administrator, Public Works Director or their official designees in accordance with Section 17.74.110. F. Any noise resulting from the maintenance of golf courses. (Ord. 94-26 (part), 1994) 17.74.110 Relief from restrictions. Requests for relief from the noise restrictions in these rules and regulations may be made by the Zoning Administrator as it pertains to building issues and the Chief of Police, Zoning Administrator, Public Works Director or their official designees as it pertains to special events, community functions and private events. Upon granting relief, any conditions outlined and agreed upon shall be compiled by the applicant and failure to do so will cause the relief agreement to be suspended. A. Commercial agricultural producers holding a valid Moab city business license located in the RA-1 (residential- agricultural zone) are eligible to receive a seasonal exemption from noise restrictions contained in Sections 17.74.080(B) and (C) due to weather and crop management activities outside of their control. The seasonal exemption from restriction requires that eligible agricultural operators complete a relief from restrictions form and notify the Zoning Administrator, Police Department or designated police dispatch center by telephone, facsimile transmission, or in person on the day of operation of any agricultural equipment that would violate noise provisions contained in Section 17.74.080(B) and (C). (Ord. 94-26 (part), 1994) 17.74.120 Enforcement responsibility. Enforcement responsibility will rest jointly with the Chief of Police, Zoning Administrator, Public Works Director or their official designees. (Ord. 94-26 (part), 1994) 17.74.130 Enforcement. The Chief of Police, Zoning Administrator, Public Works Director or their official designees may, upon discovery or report of a violation or violations of this chapter, issue a written citation for the violation requiring an appearance in court to answer the charges, or may file a report with the City’s prosecutor’s office for review and issuance of an information and summons to court to answer the charges. (Ord. 94-26 (part), 1994) Ch. 17.74 Noise | Moab Municipal Code Page 7 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company 17.74.140 Penalty. Any person who is found guilty of violating any of the provisions of these rules and regulations, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a Class B misdemeanor, pursuant to Section 26-24-22, Utah Code Annotated, 1953, as amended. If a person is found guilty of a subsequent similar violation within a period of two years, he is guilty of a Class A misdemeanor, pursuant to Section 26-24-22, Utah Code Annotated, 1953, as amended. Each day such violation is committed or permitted to continue shall constitute a separate violation. The City Attorney may initiate legal action, civil or criminal, requested by the City Manager, Chief of Police, Zoning Administrator or Public Works Director to abate any condition that exists in violation of these rules and regulations. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating any of these rules and regulations shall be liable for all expenses incurred by the City in removing or abating any nuisance or other noise disturbance. (Ord. 94-26 (part), 1994) Ch. 17.74 Noise | Moab Municipal Code Page 8 of 8 The Moab Municipal Code is current through Ordinance 20-16, passed December 8, 2020. CHAPTER 14 NOISE SECTION: 12-14-1: Purpose 12-14-2: Applicability 12-14-3: Definitions 12-14-4: Standards For Measuring Sound Levels 12-14-5: Sound Level Limitations 12-14-6: Restricted Uses Or Activities 12-14-7: Exceptions To Noise Ordinance 12-14-8: Special Permit 12-14-9: Motor Vehicle Noise 12-14-10: Enforcement 12-14-11: Other Code Provisions 12-14-1: PURPOSE: This chapter is enacted to protect, preserve and promote the health, safety, welfare, peace, quiet, and quality of life for the citizens of the city through the reduction, control and prevention of excessive noise. It is the intent of this chapter to establish standards that will eliminate and reduce unnecessary and excessive traffic and community noise, which are physically harmful or detrimental to individuals and the community in the enjoyment of life, property and conduct of business. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-2: APPLICABILITY: The provisions of this chapter apply to sound generated from real property located within the city. It shall have no applicability to all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-3: DEFINITIONS: The following words and phrases, when used in this chapter, shall have the following meanings: "A" WEIGHTING: The electronic filtering in sound level meters that models human hearing frequency sensitivity. AMBIENT SOUND LEVEL: The total sound pressure level in the area of interest including the noise source of interest. BACKGROUND SOUND LEVEL: The total sound pressure level in the area of interest excluding the noise source of interest. CLEARLY AUDIBLE: Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a sound amplification device, the detection of the rhythmic bass component of the music is sufficient to verify clearly audible sound. COMMERCIAL AREA, COMMERCIAL ZONE: Any area of the city with a zoning designation of C-1, C-2, C-3, CBD, PI and PCR under title 15 of this code, and the abutting public streets and public premises. COMMERCIAL POWER EQUIPMENT: Any equipment or device rated at more than five (5) horsepower and used for home or building repairs or grounds maintenance. COMMERCIAL PREMISES: Any premises involving traffic in goods or furnishing of services for sale or profit, including, but not limited to: A. Banking and other financial institutions; B. Dining establishments; C. Establishments for providing retail services; D. Establishments for recreation and entertainment; E. Office buildings; F. Transportation; or G. Warehouses; and H. Any other premises allowed in a commercial zone other than a use categorized as a residential premises or industrial premises. CONSTRUCTION ACTIVITY: Any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures, which produces sound clearly audible at the property line of the premises from which the sound originates. CONSTRUCTION EQUIPMENT: Any equipment or device, such as, but not limited to, pile drivers, power shovels, derricks, hoist tractors, loaders, rollers, concrete hauling motor vehicles, pavement breakers, bulldozers, crawler-tractors, rotary drills and augers, cranes, ditchers, trenchers, scrapers, wagons, pumps, compressors and pneumatic power equipment, or other mechanical apparatus operated by fuel or electric power in the construction, repair or demolition of any building, structure, land, street, alley, waterways or appurtenance thereto. dBA: The A-weighted unit of sound pressure level. DECIBEL (dB): The unit of measurement for sound pressure level at a specified location. The symbol is "dB". DEVICE: Any equipment or mechanism which is intended to produce or which actually produces sound when operated or handled. DOMESTIC POWER EQUIPMENT: Any equipment or device rated at five (5) horsepower or less and used for home or building repairs or grounds maintenance, including, but not limited to, power saw, sander, vacuum, lawn mower, leaf blower, and garden equipment. "Domestic Power Equipment" does not include snow blowers or other snow removal equipment. EMERGENCY WORK: Any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public streets, or abating life-threatening conditions. ENFORCEMENT OFFICER: A peace officer, or an officer or employee of the city authorized by administrative order of the mayor to enforce all or part of the provisions of this chapter. IMPULSIVE SOUND: A sound having a duration of less than one second with an abrupt onset and rapid decay. INDUSTRIAL AREA: Any manufacturing zone. INDUSTRIAL PREMISES: Any premises where manufacturing, processing, fabrication, or production of goods or products takes place. MANUFACTURING ZONE: Any area of the city with a zoning designation of M-1, M-2, DDR, MRD, or OCIP, under the zoning ordinances of Ogden City, Utah, and the abutting public streets and public premises. MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved solely by human power and motorized wheelchairs. "Motor vehicle" shall not include power equipment, auxiliary equipment and sound amplification devices on or within motor vehicles, that are not operated by or driven by the motor vehicle engine propelling system, or any "motor vehicle" operated on private property for recreational or amusement purposes. MULTIPLE DWELLING UNITS: Any building where there are two (2) or more dwelling units. PREMISES: Any building, structure, land, utility or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards, common areas and real properties without buildings or improvements, owned or controlled by a person. PROPERTY LINE: The real or imaginary line and its vertical extension which separates one parcel of real property from another, or the vertical and horizontal boundaries of a dwelling unit that is one in a multiple dwelling unit. PUBLIC PARK: All real property owned, operated or maintained by either the city or other public governmental entity, and used as a park, playground, swimming pool, golf course, waterway, nature center, or other recreational facility. PUBLIC PREMISES: Any premises, which is owned, leased or controlled by any public governmental entity. PUBLIC STREET: All real property and improvements thereon used or dedicated as a public right of way for vehicular or pedestrian traffic, including any highway, boulevard, parkway, avenue, street, road, sidewalk, park strip, or alley. PURE TONE: Any sound that can be distinctly heard as a single pitch or set of single pitches. RESIDENTIAL AREA, RESIDENTIAL ZONE: Any area of the city with a zoning designation of R-1-5, R-1-6, R-1-8, R-1-10, R-2, R-2A, R-2EC, R-3, R-3EC, R-4, R-5, and Rmh-1, and the abutting public streets and public premises. RESIDENTIAL PREMISES: Any premises located within a residential zone or commercial zone where single or multiple dwelling units exist, or where public parks, schools, churches, hospitals, nursing homes, homes for the aged, and similar institutional facilities are located. SOUND: An oscillation in pressure, stress, particle displacement and particle velocity which induces auditory sensation. SOUND AMPLIFICATION DEVICE: Any device for the amplification of the human voice, music or any other sound, including, but not limited to, radios, televisions, phonographs, stereos, record players, cassette players, compact disc players, loud speakers, or sound amplifiers. SOUND LEVEL: The instantaneous sound pressure level measured in decibels with a sound level meter set for A-weighting on slow integration speed, unless otherwise noted. SOUND LEVEL METER (SLM): An instrument for the measurement of sound pressure levels of a design and having the characteristics of a type 2 or better instrument as established by the American national standards institute (ANSI), publication S1.4-1983 entitled "Specification for Sound Level Meters", or the latest version thereof. SOUND PRESSURE LEVEL (SPL): Twenty (20) multiplied by the logarithm, to the base 10, of the measured sound pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-4: STANDARDS FOR MEASURING SOUND LEVELS: The following standards shall apply to the measurement of sound levels pursuant to sections 12-14-5 and 12-14-9 of this chapter: A. Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions, including, but not limited to, design, maximum, and fluctuating rates. B. When a noise source can be identified and measured in more than one type of premises, the limits of the most restrictive use shall apply at the property line between different premises types. C. All tests shall be conducted in accordance with the following procedures: 1. The enforcement officer shall, to the extent practicable, identify all sources contributing sound to the point of measurement. 2. Measurements shall be taken at or within the property line of the receiving property; provided that whenever it is impossible or impractical to measure at the property line, a greater distance from the noise source shall be used to determine compliance with this chapter. 3. The SLM must be calibrated in accordance with manufacturer specifications. 4. No outdoor measurements shall be taken: a. During periods when wind speeds (including gusts) exceed fifteen miles per hour (15 mph); b. Without a windscreen, recommended by the SLM manufacturer, properly attached to the SLM; c. Under any condition that allows the SLM to become wet (e.g., rain, snow, or condensation); or d. When the ambient temperature is out of the range of the tolerance of the SLM. D. The report for each measurement shall include: 1. The date, day of the week, and times at which measurements are taken; 2. The times of calibration; 3. The weather conditions; 4. The identification of all monitoring equipment by manufacturer, model number, and serial number; 5. The normal operating cycle of the sources in question with a description of the sources; 6. The ambient sound level, in dBA, with the sources in question operating; 7. The background sound level, in dBA, without the sources in question operating; and 8. A sketch of the measurement site, including measurement locations and relevant distances, containing sufficient information for another investigator to repeat the measurements under similar conditions. E. Prior to taking measurements the enforcement officer shall explore the vicinity of the source in question to identify any other sound sources that could affect measurements, to establish the approximate location and character of the principal sound source, and to select suitable locations from which to measure the sound from the source in question. F. When measuring continuous sound, or sound that is sustained for more than one second at a time, the SLM shall be set for A-weighting, slow meter response speed, and the range (if the SLM is designed to read levels over different ranges of SPLs) shall be set to that range in which the meter reads closest to the maximum end of the scale. When the measured sound level is variable or fluctuating over a range greater than +3 dBA, using the slow meter response speed, the fast meter response speed shall be used. In either case, both the minimum and maximum readings shall be recorded to indicate the range of monitored values. G. The SLM shall be placed at a minimum height of three feet (3') above the ground or from any reflective surface. When handheld, the microphone shall be held at arm's length and pointed at the source at the angle recommended by the SLM manufacturer. H. If extraneous sound sources, such as aircraft flyovers or barking dogs, that are unrelated to the measurements increase the monitored sound levels, the measurements should be postponed until these extraneous sounds have become of such a level as not to increase the monitored sound levels of interest. I. The monitoring session should last for a period of time sufficient to ensure that the sound levels measured are typical of the source in question. J. The background sound levels shall be subtracted from the measured sound levels of the source of interest by using table 1 of this section to determine the sound levels from the source of interest alone. If the ambient sound level is less than 3 dBA higher than the background sound level, the source level cannot be derived and a violation of this chapter cannot be substantiated. TABLE 1 CORRECTION FOR BACKGROUND LEVELS (In dBA) Difference Between Ambient And Background Sound Levels Correction Factor To Be Subtracted From Ambient Level For Source Level 3 3 4, 5 2 6 – 9 1 10 or more 0 (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-5: SOUND LEVEL LIMITATIONS: A. No person shall cause, suffer, allow, or permit the operation of any sound source in such a manner as to create a sound level that exceeds the background sound level by at least ten (10) dBA during daytime hours (7:00 A.M. to 10:00 P.M.) and by at least five (5) dBA during nighttime hours (10:00 P.M. to 7:00 A.M.) when measured at or within the property line of the receiving property, except as otherwise provided in subsection B of this section. B. If the background sound level cannot be determined, the absolute sound level limits set forth in table 2 of this section shall be used. C. If the sound source in question is a pure tone, the limits of table 2 of this section shall be reduced by five (5) dBA. TABLE 2 MAXIMUM ALLOWABLE SOUND LEVELS Type Of Premises Where Noise Received Time Period Maximum Allowable Sound Level Residential 7:00 A.M. to 10:00 P.M.55 dBA 10:00 P.M. to 7:00 A.M.50 dBA Commercial 7:00 A.M. to 10:00 P.M.65 dBA 10:00 P.M. to 7:00 A.M.60 dBA Industrial 7:00 A.M. to 10:00 P.M.80 dBA 10:00 P.M. to 7:00 A.M.75 dBA Public 7:00 A.M. to 10:00 P.M.75 dBA 10:00 P.M. to 7:00 A.M.70 dBA D. Nonrepetitive impulsive sound sources shall not exceed ninety (90) dBA at or within the property line of a residential premises, using the fast meter response speed. E. In multiple dwelling units, if the background sound level cannot be determined, the daytime limit is forty five (45) dBA and the nighttime limit is thirty five (35) dBA for sound originating in another dwelling within the same building. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-6: RESTRICTED USES OR ACTIVITIES: A. Horns And Signaling Devices: No person shall, at any time, sound any horn or audible signal device on any automobile, motorcycle, bus, streetcar, or other vehicle, except as a danger signal or traffic warning as provided under the Utah motor vehicle act; create by means of any such signaling device any unreasonably loud or harsh sound; or sound any such device for an unnecessary or unreasonable period of time. B. Truck Idling: No person shall operate an engine of any standing motor vehicle with a weight in excess of ten thousand (10,000) pounds' manufacturer's gross vehicle weight (GWA) for a period in excess of ten (10) minutes when such vehicle is parked on a residential premises, on a premises next to a residential premises, or on a public street next to a residential premises; provided, however, that vehicles confined and operated within an enclosed structure, or vehicles being used directly in construction activity or the operation of construction equipment shall not be subject to the provisions of this subsection. C. Motor Vehicle Operation: No person shall operate or cause to be operated any motor vehicle unless the exhaust system of the vehicle is: 1. Free from defects that affect sound reduction; 2. Equipped with a muffler or other noise dissipative device; or 3. Not equipped with any cutout, bypass, or similar device. D. Sound Amplification Devices; Musical Instruments: 1. Affecting Residential Premises: No person shall operate a sound amplification device or musical instrument: a. Between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in a way that is clearly audible at the property line of a residential premises; or b. In a way that at any time is clearly audible inside of a residential premises, when all exterior doors and windows of such dwelling unit are closed. 2. Operation In A Motor Vehicle: No person shall operate a sound amplification device within a motor vehicle parked or operated on a public street, which is clearly audible or which causes a person to be aware of vibration accompanying the sound either: a. At a distance of thirty feet (30') from the motor vehicle; or b. Within another motor vehicle on a public street, at any distance, when all doors and windows of such other vehicle are closed. 3. Public Parks: No person shall operate a sound amplification device within a public park, which is clearly audible at a distance of seventy five feet (75') from the device, unless operated pursuant to permit issued under section 12-14-8 of this chapter. 4. Commercial Operation On Public Street Without Permit: No person shall operate a sound amplification device in a fixed or movable position or mounted upon any vehicle, in or upon a public street, for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmission of music to any persons or assemblages of persons in violation of other sound levels/restrictions, unless a permit is first obtained as provided in section 11-5-6 of this code. 5. Projection From Building On Public Street: No person shall maintain and operate in any building a sound amplification device or musical instrument where the sound therefrom is cast directly upon a public street and where such device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public. E. Construction Equipment Or Activity: The operation of construction equipment or the performance of construction activity, except as required for emergency work, shall only be allowed between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on weekdays or between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. on weekends (Saturday and Sunday). F. Commercial Power Equipment: The operation of any commercial power equipment shall only be allowed between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., and only when in compliance with noise levels established in section 12-14-5 of this chapter. G. Domestic Power Equipment: The operation of any domestic power equipment shall only be allowed between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. H. Refuse Collection And Compacting: Garbage, refuse or other solid waste collection and compacting, including recyclables collection, street sweeping, and similar activities, shall only be allowed between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M., when such activity takes place on any residential premises or on any premises next to, or across the street or alley from, a residential premises. I. Loading/Unloading Operations: Except as otherwise provided for solid waste collection in subsection H of this section, loading, unloading, opening, closing, or otherwise handling boxes, crates, containers, building materials, liquids, garbage cans, refuse, or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder, or pellet form or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or public, shall not be allowed between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., when the sound therefrom is clearly audible across the property line of a residential premises. J. Mufflers Required For Engine Exhaust: No person shall discharge into the open air the exhaust of any stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom. K. Firing Ranges: The operation of a firing range shall only be allowed between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., Monday through Saturday, where the sound therefrom is clearly audible at the property line of the premises of the firing range. L. Fireworks: No person shall discharge fireworks at any time when the sound therefrom is clearly audible across the property line of a residential premises unless a permit is first obtained or not otherwise required as provided in section 11-6- 2 of this code. Fireworks include, but are not limited to, any rocket, squib, firecracker, Roman candle, or other device containing pyrotechnic composition that produces audible and/or visual effects through combustion. (Ord. 2009-45, 6-23-2009) 12-14-7: EXCEPTIONS TO NOISE ORDINANCE: The provisions of this chapter shall not apply to the following uses and activities: A. Noises of safety signals, warning devices, and emergency pressure relief valves. B. Noises resulting from any authorized emergency vehicle when responding to an emergency call or in time of emergency. C. Noises resulting from emergency work. D. Loudspeakers or other sound amplification device operated by a peace officer or member of the fire department in the performance of official duties. E. Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the city in accordance with section 12-14-8 of this chapter. F. Any aircraft or railroad equipment operated in conformity with, or pursuant to, state statute, federal law or federal regulations, and traffic control instruction used pursuant to and within the duly adopted state or federal regulations. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations shall also be exempt. G. Noise from an exterior alarm system of any building or vehicle provided such alarm shall terminate its operation within five (5) minutes of its activation. H. Sound from any bell or chime from any building clock, school or church, or sound from unamplified music or song emanating from any church or school. I. Noise from construction equipment provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in subsection 12-14-6E of this chapter. J. Noise from domestic power tools, when operated between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. K. Noise from snowblowers, snow throwers, and snowplows when operated with a muffler for the purpose of snow removal. L. Lawful and properly permitted organized athletic activities on school grounds, and officially designated playgrounds used for recreation by children under supervision, and parks or places wherein athletic contests take place between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. M. Noise resulting from lawful fireworks and noisemakers used for celebration of an official holiday except when prohibited under section 11-6-2 of this code. N. Noise generated from city sponsored celebrations or special events. (Ord. 2009-45, 6-23-2009) 12-14-8: SPECIAL PERMIT: A. Applications for a permit for relief from the noise level designated in this section may be made to the mayor or the mayor's designee. B. Applications for a permit shall supply information including, but not limited to: 1. The nature and location of the noise source for which such application is made; 2. The reason for which the permit is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit is not granted; 3. The level of noise that will occur during the period of the permit; 4. The ordinance provision for which the permit shall apply; 5. A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom; and 6. A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this chapter within a reasonable time. C. Any permit granted under this section shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective, which shall be no longer than one year. D. No permit shall be approved unless the applicant presents adequate proof that: 1. Compliance with this chapter would impose an undue hardship on the applicant without equal or greater benefits to the public and additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; or 2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with this section; and 3. No other reasonable alternative is available to the applicant; and 4. Noise levels occurring during the period of the permit will not constitute a danger to public health. E. In making the permit determination, the mayor, or the mayor's designee, shall consider: 1. The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused; 2. The social and economic value of the activity for which the permit is sought; and 3. The ability of the applicant to apply the best practical noise control measures. F. The mayor, or the mayor's designee, in granting such a special permit, may prescribe any conditions or requirements he/she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. G. The permit may be revoked by the mayor, or the mayor's designee, if there is: 1. Violation of one or more conditions of the permit; 2. Material misrepresentation of fact in the permit application; or 3. Material change in any of the circumstances relied on by the mayor, or the mayor's designee, in granting the permit. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-9: MOTOR VEHICLE NOISE: A. It shall be unlawful for any person to operate or permit the operation of any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise sound pressure levels for the category of motor vehicle and for the designated time period as specified in table B of this section. The standards in table B of this section shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any condition of acceleration, deceleration, idle, grade or load and whether or not in motion. TABLE B Maximum Allowable Noise Sound Pressure Levels For Motor Vehicles Type Of Vehicle Time Period Maximum Allowable Sound Pressure Level Measurement Distance From Motor Vehicle Motor vehicle weighing less than 10,000 pounds, manufacturer's gross vehicle weight At any time 80 dBA 25 feet Motor vehicle weighing more than 10,000 pounds, manufacturer's gross vehicle weight 7:00 A.M. to 10:00 P.M.88 dBA 25 feet Motor vehicle weighing more than 10,000 pounds, manufacturer's gross vehicle weight 10:00 P.M. to 7:00 A.M.80 dBA 25 feet B. The provisions of this section shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-10: ENFORCEMENT: A. A violation of this chapter is a class B misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code. B. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, or which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement as provided by law. C. Any peace officer is authorized to enforce the provisions of this section; provided that the mayor may by administrative order authorize other officers or employees of the city to enforce all or part of the provisions of this section. D. The content of the sound will not be considered in determining a violation of this chapter. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) 12-14-11: OTHER CODE PROVISIONS: A. Noise made by animals shall be controlled and enforced as provided in title 13, chapter 2 of this code. B. Noise emitted by unamplified human voices shall be enforced pursuant to the prohibitions against disorderly conduct, as provided in state law or other provisions of this title. C. No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law. (Ord. 2001-17, 3-27-2001, eff. 5-1-2001) AGENDA SUMMARY GRAND COUNTY COMMISSION MEETING APRIL 6, 2021 Agenda Item: Y TITLE: PUBLIC HEARING RE. REPEALING TITLE 11 (NOISE) OF THE GRAND COUNTY GENERAL ORDINANCES AND RELATED ORDINANCE NO. 602 AND ADOPTING NEW TITLE 11 (NOISE POLLUTION) FISCAL IMPACT: Unknown fiscal impact for enforcement. If we increase the Justice Court caseload dramatically, we will need a new Deputy County Attorney in GCAO to handle misdemeanor cases. PRESENTER(S): Christina Sloan, Grand County Attorney Prepared By: Christina Sloan Grand County Attorney 435-259-1326 sloan@grandcountyut ah.net FOR OFFICE USE ONLY: Attorney Review: COMPLETE SUGGESTED MOTION: 2/3rds majority vote needed to suspend Commission policy and vote on this item on 4/6 I move to repeal Title 11 (Noise) of the Grand County General Ordinances and related Ordinance No. 602 and adopt new Title 11 (Noise Pollution) of the Grand County General Ordinances. BACKGROUND: The County’s current Noise Ordinance does not address vehicle noise in particular. Meanwhile, the County has received a historic number of complaints regarding ATV noise in the County, in both residential areas and on our public lands, from locals and visitors alike. In voting against the City’s ATV curfew bill in the 2021 General Session, a great emphasis was placed on the City and County’s lack of noise enforcement. Thus, the proposed Noise Pollution Ordinance sets maximum sound pressure levels, which may be measured in two different ways, to help address such noise impacts. ATTACHMENT(S): 1. Proposed Ordinance 2.Exhibit A, redlined GRAND COUNTY, UTAH ORDINANCE ________ (2021) REPEALING TITLE 11 (NOISE) AND RELATED ORDINANCE 602 AND ADOPTING TITLE 11 (NOISE POLLUTION) OF THE GRAND COUNTY GENERAL ORDINANCES WHEREAS, Utah Code § 17-50-304 permits Grand County (the “County”) to make and enforce “all such local, police, building, and sanitary regulations as are not in conflict with general laws;” WHEREAS, Grand County has a direct interest in regulating noise to balance residential, commercial, and tourism interests; WHEREAS, Grand County has received an increased number of complaints regarding noise pollution in recent years; WHEREAS, it is in the best interest of Grand County and its citizens if the County establishes regulations to govern noise pollution within the County; WHEREAS, the previously named Grand County Council held a public hearing on Title 11 (Noise) to solicit input from local residents and visitors on November 19, 2019 and adopted Title 11 on December 3, 2019 in open session of a public meeting via Ordinance No. 602; WHEREAS, since 2015 and increasingly since the adoption of Ordinance No. 602, the rapid growth of street-legal all-terrain vehicle (“ATV”) tourism in the County has resulted in a sharp increase in noise impacts to the residents of the County during all hours of the day and night; WHEREAS, numerous studies have found: noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke; small increases in unwanted ambient sound have significant health effects; and noise aggravates health conditions by inducing higher levels of stress;1 WHEREAS, at least one additional study has found that people living in areas with more road traffic noise were 25 percent more likely than those living in quieter neighborhoods to have symptoms of depression;2 1 Floud, Medication use in relation to noise from aircraft and road traffic in six European countries: results of the HYENA study, https://pubmed.ncbi.nlm.nih.gov/21084328/; Schmidt, Effect of nighttime aircraft noise exposure on endothelial function and stress hormone release in healthy adults https://academic.oup.com/eurheartj/article/34/45/3508/435199; Hahad, Annoyance to Different Noise Sources is Associated With Atrial Fibrillation, https://www.internationaljournalofcardiology.com/article/S0167- 5273(17)37174-7/fulltext; 2 Orban, Residential Road Traffic Noise and High Depressive Symptoms after Five Years of Follow-up: Results from the Heinz Nixdorf Recall Study, https://ehp.niehs.nih.gov/doi/10.1289/ehp.1409400 2 WHEREAS, studies have shown that continuous noise in excess of 30 dB disturbs sleep, which is well documented to be a prerequisite for good physiologic and mental functioning in healthy individuals,3 and the U.S. Environmental Protection Agency sound guidance for the protection of human health and welfare in rural areas is 55 dB;4 WHEREAS, during operation on streets and roads, most street-legal ATVs in the state of Utah produce decibel levels louder than 92 dBA as measured at twenty inches (20”) by the SAE J1287 stationary test;5 WHEREAS, the Moab valley is narrow and surrounded by sandstone cliffs, which topography increases the impact of ATV tourism on residents and visitors; WHEREAS, several popular ATV trails are accessed through residential neighborhoods in the City and County, including the vast trail systems located in the Sand Flats Recreation Area and those accessed via Kane Creek Boulevard, Spanish Valley Drive, Spanish Trail Road, Westwater Drive, and Murphy Lane, which increases the impact of ATV tourism on residents and visitors; WHEREAS, market conditions and the boom in ATV tourism have impacted other recreational user groups and associated economic activity, including mountain biking, hiking, rafting, and climbing, which economic sectors thrive in natural quiet; WHEREAS, in the Fall of 2020 and through the Winter of 2021, the County received a historical number of public comments objecting to noise impacts from ATV tourism (and related special events); WHEREAS, Ordinance No. 602 has been ineffective at reducing the impact of ATV noise because it does not provide dbA limits or specify testing procedures; and WHEREAS, for the reasons articulated above and under the authority set forth herein, the Grand County Commission finds that updating Title 11 to more effectively regulate noise pollution in the county is in the best interest of the public and Grand County’s economy; 3 Jariwala, Noise Pollution and Human Health: A Review, https://www.researchgate.net/publication/319329633_Noise_Pollution_Human_Health_A_Review 4 Harrison, Rock Creek Enduro Sound Tests, Eldorado National Forest, USDA Forest Service Special Report, May 1994. 5 Id. 3 NOW, THEREFORE, BE IT ORDAINED by the Grand County Commission that it does hereby: 1. Repeal Title 11 (Noise) and related Ordinance No. 602; and 2. Adopt Title 11 (Noise Pollution) of the Grand County General Ordinances, as follows: See Exhibit A ADOPTED by the Grand County Commission in a public meeting on April ___, 2021 by the following vote: Those voting aye: Those voting nay: Those absent: GRAND COUNTY COMMISSION ATTEST: __________________________________ _______________________________ Mary McGann, Chair Quinn Hall, Clerk/Auditor Title 11 NOISE POLLUTION Chapters: 11.01 Purpose; General 11.02 Definitions 11.03 Noise Disturbance Prohibited 11.04 Specific Noise ProhibitionsLevels 11.04 Specific Noise Prohibitions 11.05 Noise Levels 11.06 Motor Vehicles 11.06 Exemptions; Exceptions Relief 11.07 Enforcement CHAPTER 11.01 PURPOSE; GENERAL 11.01.010 Purpose 11.01.020 General Prohibition of Noise 11.01.030 Powers and Duties 11.01.010 Purpose. These regulations establish minimum standards to: A. Reduce the making and creation of excessive , unnecessary, or unusual ly loud noises in the unincorporated areas of Grand County; and B. Prevent excessive , unnecessary, or unusual ly loud noises that are prolonged, unusual, or unreasonable in their time, place, or use, that affect and are a detriment to public health, comfort, convenience, safety, or welfare of the residents of and visitors to the unincorporated areas of Grand County; and C. Secure and promote the public health, comfort, convenience, safety, welfare and the peace and quiet of the residents of and visitors to the unincorporated areas of Grand County. 11.01.020 General Prohibition of Noise. It is unlawful for any person to produce, continue, or cause to be produced or continued, any Excessive or Unusual Noise during any hours or Loud Noise during Restricted Hours within the unincorporated areas of Grand County that violates this Title. 11.01.030 Powers and Duties. Updated 4-6-2021 The Sheriff, County Attorney, and Planning and Zoning Administrator, or their official designees, shall be responsible for the administration of these rules and regulations and any other powers vested in them by law and shall make inspections of any premises and issue orders as necessary to effect the purposes of these regulations, and do any and all acts permitted by law that are necessary for the successful enforcement of these regulations. CHAPTER 11.02 DEFINITIONS 11.02.010 Definitions. A. “Commercial Zones” shall mean Neighborhood Commercial, General Business, Highway Commercial, Resort Commercial and Resort Special and associated permissible overlays established by the Grand County Land Use Code. Commercial Zones shall not include the Heavy or Light Industrial Zones. B. “db(A)” shall mean the sound pressure level using the “A” weighting network and the Fast Response on a Sound Level Meter, unless otherwise noted or required by testing standards established by the County. C. “Device” means any mechanism that is intended to produce, or that actually produces noise when operated or handled. D. “Domestic Power Tools and Equipment” shall mean any device powered mechanically, by electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used, or is actually used for residential construction, repair, and maintenance. E. “Emergency” means a situation or occurrence which may present an imminent threat to the health, safety or welfare of any person, place or property. F. “Excessive or Unusual Noise” means any Sound or Noise that exceeds the “Maximum Sound Pressure Levels, db(A), during all hours” set forth in Chapter 11.05 when measured at the distances provided therein as measured on a Sound Level Meter.of standard design and quality on the “A” weighting scale db[A], aka the “A” weighting network. G. “Loud Noise” means any Sound or Noise that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s), including any Sound or Noise that exceeds the “Maximum Sound Pressure Levels, db(A), during Restricted Hours” set forth in Chapter 11.05 when measured at the distances provided therein as measured on a Sound Level Meterbut not limited to those Noises expressly prohibited in Chapter 11.04.. H. “Motor Vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways, as defined in Utah Code § 41-1a-102, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. Motor Vehicle and Vehicle may be used interchangeably herein. I. “Muffler” means an apparatus consisting of a series of chambers or baffle plates designed to transmit gases while reducing sound, or as otherwise defined by Utah law. J. “Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animalsmeans any Sound that is unwanted and causes or tends to cause an adverse psychological or physiological effect on human beings. K. “Noise Disturbance” means any sound in an environment which is (a) is harmful to the health, well-being, or quality of life of humans or animals; (b) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Noise Disturbance constitutes noise pollution. L. “Off-Highway Vehicle” means every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle as defined in Utah Code § 41-22-2, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. M. “Plainly Audible Noise” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.for which the information content of that noise is unambiguously transferred to the listener, including, but not limited to the understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms. N. “Property Boundary” means an imaginary line at the ground surface, and its vertical extension that separates the real property owned by one person from that property owned by another person. O. “Residential Property” shall mean any property used for living or dwelling by individuals. P. “Residential Zones” shall mean the Small Lot Residential, Large Lot Residential, Rural Residential and Multi-Family Residential Zones and associated permissible overlays established by the Grand County Land Use Code. As used herein, Residential Zone does not include the Range and Grazing Zone. Q. “Restricted Hours” are from 9 pm to 7 am (and 9 pm to 9 am on Sunday), except during the summer months, defined as May through September, when the Restricted Hours are from 10 pm to 6 am. R. “Sound” means a temporal and spatial oscillation in pressure, or other physical quantity with interval forces that cause compression or rarefaction of the medium, and that propagates at finite speed to distant points. S. “Sound Level Meter” or “SLM” means a sound level meter meeting the ANSI S1.4 Type 1 or Type 2 standard for sound level meters, or the IEC 61672 Class 1 or Class 2 standard for sound level meters. T. “Vehicle” means all Motor Vehicles and Off-Highway Vehicles as defined by Utah Code, Title 41, including street-legal all-terrain vehicles as defined in and regulated by Utah Code § 41-6a-1509. Vehicle and Motor Vehicle may be used interchangeably herein. CHAPTER 11.03 NOISE DISTURBANCE PROHIBITED 11.03.010 Noise Disturbance Prohibited No person shall make, continue, or cause to be made or continued any Noise Disturbance. CHAPTER 11.04 SPECIFIC NOISE PROHIBITIONS LEVELS Sections: 11.04.010 MeasurementSpecific Noise Prohibitions During Restricted Hours 11.04.020 Certain Noises Prohibited on Public Rights-of-Way 11.04.010 Specific Noise Prohibitions During Restricted Hours Regardless of the Maximum Sound Pressure Level, the following Noise is declared to be Loud Noise and expressly prohibited outdoors in Residential or Commercial Zones during the Restricted Hours, unless permitted by Grand County; provided, however, that this Section shall not be construed to exclude other Noise violating this Title 11: A. Horns and Signaling Devices. Sound any horn or signaling device on any Vehicle, except as a danger warning signal as provided by the Utah Vehicle Code; B. Radios, Receivers, Televisions, Stereos, Speakers, Musical Instruments and Similar Devices. Use, operate or permit the use or operation of any radios, receivers, televisions, stereos, speakers, musical instruments, or similar devices for the production or reproduction of Sound if Plainly Audible one hundred feet (100’) from a Property Boundary or fifty feet (50’) from the source of the Sound if on public property; B. Public Loudspeakers. Use or operate a loudspeaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound vehicle on in or upon any street, alley, sidewalk, park, place or public or private property for the purposes of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmission of music to any persons or assemblages of persons; C. Animals. Own, keep, possess or harbor any animal or animals that makes frequent or habitual Noise, which prohibition shall apply to all private and public facilities, including any animal facilities that hold or treat animals; D. Loading Operations within five hundred feet (500’) of Residential Property, . Load, unload, open, or otherwise handle boxes, crates, containers, garbage containers, or other objects except as necessary for the collection of garbage, waste, refuse or recyclables by an operator approved by Grand County; E. Domestic Power Tools and Equipment. Operate or permit the operation of any power equipment rated five horsepower or more, including, but not limited to, power saws, lawn mowers, garden equipment, or snow removal equipmentfor home or building repair or grounmaintenanceoutdoors; F. Fireworks, Explosives, Guns or other Explosive Devices; provided, however, that this provision shall not be construed to permit activities prohibited by other statutes, ordinances, or regulations governing such activity; K. Racing Events. Operate, permit, or cause any Vehicle or other motor racing event; G. Powered Model Mechanical Devices. Fly, operate, permit, or fire a model aircraft powered by internal combustion engines, whether tethered or remote-controlled, or a model rocket vehicle, drone or other similar noise-producing devices; or and H. Bells and Alarms. Sound, operate, or permit the sounding or operation of an electronically amplified signal from any burglar alarm, bell, chime, or clock, including but not limited to, bells, chimes, or clocks in schools, houses of religious worship or governmental buildings for longer than five (5) minutes in any hour except in the event of emergency or natural disaster. CHAPTER 11.05 NOISE LEVELS 11.05.010 Noise Levels. Except as expressly provided herein, no person shall make Noise which creates Excessive or Unusual Noise during any hours at any time or Loud Noise during the Restricted Hours, as set forth in Tables 1, 2 and 3 below. Table 1 Motor Vehicles (Stationary/Equipment Test) Maximum Sound Pressure Levels, db(A) Measured at a distance of 20” from Exhaust Outlet at an Angle of 45 degrees Motor Vehicle Type Stationary Test (Equipment Test) Maximum Sound Pressure Levels during All Hours ATVs manufactured in 2021 or earlier SAE J1287 (at 50% of Maximum RPM) 92 db(A) ATVs manufactured in 2022 or 2023 SAE J1287 (at 50% of Maximum RPM) 90 db(A) ATVs manufactured in 2024 or later SAE J1287 (at 50% of Maximum RPM) 88 db(A) All Other Motor Vehicles weighing less than 6,000 pounds, manufacturer's gross vehicle weight SAE J1492 (at 50% or 75% of Maximum RPM) throttle test depending on engine type) 88 db(A) Motorcycles N/A See Section 11.06.030 Table 2 Motor Vehicles (Moving/Operational Test) Maximum Sound Pressure Levels, db(A) Measured at a Distance of 25’ from Centerline of Lane of Travel at Speeds Less than 35 mph (Operational Test) Motor Vehicle Type Maximum Sound Pressure Level, db(A) Maximum Sound Pressure Level, db(A), during Restricted Hours Motorcycles and motor vehicles weighing less than 10,000 pounds, manufacturer's gross vehicle weight 80 db(A) 78 db(A) Measured at a Distance of 50’ from Centerline of Lane of Travel at Speeds Less than 35 mph Motor Vehicle Type Maximum Sound Pressure Level, db(A) Maximum Sound Pressure Level, db(A), during Restricted Hours Motorcycles and motor vehicles weighing less than 10,000 pounds, manufacturer's gross vehicle weight 74 db(A) 72 db(A) Table 3 Land Uses Maximum Sound Pressure Levels, db(A) Maximum Sound Pressure Level, db(A) Maximum Sound Pressure Level, db(A), during Restricted Hours Domestic Power Tools and Equipment Impacting Residential Property 75 db(A) or greater limited to a cumulative total of 10 hours over any 7 day period Noise prohibited under 11.04.010 All Other Noise Impacting Residential Property, unless prohibited in Section 11.04.010 75 db(A) 70 db(A) All Other Noise Impacting Residential and Nonresidential Property, unless prohibited in Section 11.04.010 80 db(A) 70 db(A) ALT FOR CONSIDERATION: LES’ RECOMMENDATIONS (NOTE CH 11.07) Table 3 Land Uses Maximum Sound Pressure Levels, db(A) Maximum Sound Pressure Level, db(A) Maximum Sound Pressure Level, db(A), during Restricted Hours All Noise Impacting Residential Property, unless prohibited in Section 11.04.010 55 db(A) 50 db(A) All Noise Impacting Residential and Nonresidential Property, unless prohibited in Section 11.04.010 60 db(A) 55 db(A) 11.03.020 Measurement. On public property, Noise shall be measured at a distance of fifty (50) feet from the source of the sound; on private property, Noise shall be measured at a distance of twenty-five (25) feet from the Property Boundary closest to the source of the Noise at issue. Sections: 11.04.010 Specific Noise Prohibitions. CHAPTER 11.06 MOTOR VEHICLES 11.06.010 Motor Vehicle Regulations 11.06.020 Certain Noises Prohibited on Public Rights-of-Way During All Hours 11.06.030 Motorcycles 11.06.010 Motor Vehicle Regulations A person shall not: A. Equip, maintain, or operate a Vehicle that creates or causes Excessive or Unusual Noise; B. Operate a Vehicle without a spark arrestor device and a muffler or other effective noise suppressing system in good working order and in constant operation; or C. Use a muffler cut-out, bypass, or similar device on a vehicle. 11.06.020 Certain Noises Prohibited on Public Rights-of-Way During All Hours The following Noise is declared to be Excessive or Unusual Noise and expressly prohibited during all hours on County roads and public rights-of-ways in the unincorporated County: A. Horns and Signaling Devices. Sound any horn or signaling device on any Vehicle, except as a danger warning signal as provided by the Utah Vehicle Code; B. Racing Events. Operate any Vehicle in a motor racing event unless such activity occurs during a permitted Special Event in Grand County; C. Revving, aka rapid throttle advance, of an engine; and D. Any noise-creating device, including a Vehicle, operated for the purpose of drawing attention to the source of the noise. 11.06.030 Motorcycles A. No person shall operate a motorcycle manufactured after December 31, 1985 not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 80 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. B. No person shall operate an off-road motorcycle manufactured after December 31, 1985 not equipped with exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, stating that the exhaust system meets the 82 dBA standard at 50 feet, as set out in the Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. CHAPTER 11.07 EXEMPTIONS; EXCEPTIONS 11.07.010 Exemptions 11.07.020 Exceptions 11.07.010 Exemptions The following Noise shall be exempt from this Title: A. Safety signals, warning devices and emergency pressure relief valves; B. That resulting from any emergency or natural disaster, including Noise created by authorized private and public emergency and snow removal vehicles and private or public utilities when restoring service; C. Lawful fireworks and noisemakers used for celebration of an official holiday; C. Activities of a temporary nature during periods permitted by ordinance, policy, or permit by the County Council, Planning and Zoning Administrator, or Chair of the Special Events Committee or their official designees, including sporting and recreational activities; D. Agricultural operations where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) any agricultural equipment is used according to the manufacturer’s specifications and is in good working order; and iii) such operations do not occur during the Restricted Hours; F. Permitted sporting and recreational activities; G. Motor vehicles that are in good working order, free from defects that affect sound reduction, equipped with a muffler or other noise dissipative device, not equipped with any cut-out, by-pass or similar device, and operated in accordance with local, state and federal law; and E. Construction and property maintenance activities where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) all construction equipment is used according to the manufacturer’s specifications and is in good working order; and iii) such activity construction does not occur during the Restricted Hours; and F. Snow removal. 11.07.020 Exceptions A. On or before July 31, 2021, the owner of any residential, commercial or industrial source of sound may apply to the County Commission Administrator for an exception in time to comply with the maximum sound pressure levels set forth in Table 3 of Section 11.05.010 above. The County Commission Administrator shall have the authority, consistent with this Section, to grant an exception, not to exceed 365 days from the date of such application unless extended by the County Commission Administrator for good cause. B. Any person seeking an exception in time to comply shall file an application with the County Commission Administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this Chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The applicant shall mail notice of the application for an exception in time to all neighbors within one hundred feet (100’) of the source of the sound and shall file an affidavit of mailing with the County Commission Administrator. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the County Commission Administrator containing any information to support their claim. If the County Commission Administrator finds that a sufficient controversy exists regarding an application, a public hearing may be held. C. In determining whether to grant or deny the application, the County Commission Administrator shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the County Commission Administrator may reasonably require. In granting or denying an application, the County Commission Administrator shall place on public file a copy of the decision and the reasons for denying or granting the exception in time to comply including a statement that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. D. The County Commission Administrator may grant or deny the application. If the application is granted, the County Commission Administrator may impose conditions, including a schedule for achieving compliance. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this Chapter for which the exception was granted. E. Appeals of an adverse decision of the County Commission Administrator shall be made to the County Commission. Review by the County Commission shall be limited to whether the decision is supported by substantial evidence. CHAPTER 11.08 ENFORCEMENT Sections: 11.08.010 Violation 11.08.020 Nuisance 11.08.030 Enforcement 11.08.040 Severability 11.08.010 Violation Except where this Title or Utah Statute punishes a violation hereunder as an infraction, Any person who is found guilty of violating this Title 11, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by Utah law. 11.08.020 Nuisance As an additional remedy, the operation or maintenance of any device, instrument, Vehicle or machinery in violation of any provisions of this chapter, or which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement as provided by law. 11.08.030 Enforcement A. Any peace officer is authorized to enforce the provisions of this section; provided that the County Commission may by administrative order authorize other officers or employees of the County to enforce all or part of the provisions of this Title 11. B. The County Attorney may initiate legal action, civil or criminal, to abate any condition that exists in violation of this Title 11. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this Title 11 shall be liable for all expenses incurred by the County in removing or abating the Loud or Excessive Noise. 11.08.040 Severability In case any provision of this Title 11 shall be declared invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. Utah Code Page 1 Effective 5/12/2020 10-3-703 Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions. (1) (a) The governing body of a municipality may impose a criminal penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six months, or by both the fine and term of imprisonment. (b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section 4-12-102, or an individual's use of the individual's residence unless: (i) the violation: (A) is a nuisance as defined in Subsection 78B-6-1101(1); and (B) threatens the health, safety, or welfare of the individual or an identifiable third party; or (ii) the municipality has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months. (c) Subsection (1)(b) does not apply to municipal enforcement of a building code or fire code ordinance in accordance with Title 15A, State Construction and Fire Codes Act. (2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Section 76-3-301. (b) A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance. (3) (a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer or official who is not a law enforcement officer described in Section 53-13-103 or a special function officer described in Section 53-13-105 may not issue a criminal citation for a violation that is punished as a misdemeanor. (b) Notwithstanding Subsection (1) or (3)(a), the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public: (i) a fire officer described in Section 53-7-102; or (ii) an animal control officer described in Section 11-46-102. (4) A municipality may not issue more than one infraction within a 14-day time period for a violation described in Subsection (1)(b) that is ongoing. Amended by Chapter 89, 2020 General Session 40 CFR § 205.152 - Noise emission standards. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/40/205.152[4/5/2021 2:57:13 PM] LII >Electronic Code of Federal Regulations (e-CFR) >Title 40 - Protection of Environment >CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY >SUBCHAPTER G - NOISE ABATEMENT PROGRAMS >PART 205 - TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS >Subpart D - Motorcycles >§ 205.152 Noise emission standards. 40 CFR § 205.152 - Noise emission standards. prev | next § 205.152 Noise emission standards. Model year A-weighted noise level (dB) (A) 1983 83 (B) 1986 80 Model year A-weighted noise level (dB) (A) 1983 70 CFR (a) Noise emission standards. (1) Street motorcycles of the following and subsequent model years must not produce noise emissions in excess of the levels indicated: (i) Street motorcycles other than those that meet the definition of § 205.151(a)(2)(ii): (ii) Street motorcycles that meet the definition of § 205.151(a)(2)(ii)(moped-type street motorcycles): CFR Toolbox Law about... Articles from Wex Table of Popular Names Parallel Table of Authorities  2 Cornell Law School Search Cornell  ABOUT LII GET THE LAW LAWYER DIRECTORY LEGAL ENCYCLOPEDIA HELP OUT Fa LinTwFollow 40 CFR § 205.152 - Noise emission standards. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/40/205.152[4/5/2021 2:57:13 PM] Model year A-weighted noise level (dB) (A) 1983 83 (B) 1986 80 Model year A-weighted noise level (dB) (A) 1983 86 (B) 1986 82 (2) Off-road motorcycles of the following and subsequent model years must not produce noise emissions in excess of the levels indicated: (i) Off-road motorcycles with engine displacements of 170 cc and lower: (ii) Off-road motorcycles with engine displacements greater than 170 cc: (3) Street motorcycles must be designed, built and equipped so that, when properly maintained and used, they will not produce noise emissions in excess of the levels specified in paragraph (a)(1) of this section, for an Acoustical Assurance Period of one year or a distance of 6000 km (3730 mi) after the time of sale to the ultimate purchaser, whichever occurs first. (4) Off-road motorcycles must be designed, built and equipped so that, when properly maintained and used, they will not produce noise emissions in excess of the levels specified in paragraph (a)(2) of this section, for an Acoustical Assurance Period of one year or a distance of 3000 km (1865 mi) after the time of sale to the ultimate purchaser, whichever occurs first. (5) At the time of sale to the ultimate purchaser, all products must comply with the standards set forth in paragraphs (a)(1) and (2) of this section. (b) Measurement procedure. (1) The standards set forth in paragraph (a) of this section refer to noise emissions as measured in accordance with the measurement methodology specified in Appendix I-1 for all motorcycles except Sponsored Listings Benjamin Kearns PREMIUM (385) 625-5000 Provo, UT Divorce, Family Law WebsiteEmailCallEmailProfile 40 CFR § 205.152 - Noise emission standards. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/40/205.152[4/5/2021 2:57:13 PM] Date A-weighted noise level (dB) (i) January 1, 1982 73 (ii) January 1, 1989 71 Date A-weighted noise level (dB) (i) January 1, 1982 75 Date A-weighted noise level (dB) (i) January 1, 1982 71 Date A-weighted noise level (dB) (i) January 1, 1982 60 those street motorcycles that meet the definition of § 205.151(a)(2)(ii). (2) The standards set forth in paragraph (a) of this section for street motorcycles that meet the definition of § 205.151(a)(2)(ii) (moped-type street motorcycles) refer to noise emissions measured in accordance with the measurement methodology specified in Appendix I-2. (c) Low noise emission product standard. For the purpose of Low-Noise-Emission Product certification pursuant to 40 CFR part 203, motorcycles procured by the Federal government after the following dates must not produce noise emissions in excess of the noise levels indicated: (1) For street motorcycles with engine displacement greater than 170 cc: (2) For off-road motorcycles with engine displacements greater than 170 cc: (3) For off-road motorcycles with engine displacement 170 cc and lower and street motorcycles with engine displacement 170 cc and lower that do not meet the definition of § 205.151(a)(2)(ii): (4) For street motorcycles that meet the definition of § 205.151(a)(2)(ii) (moped-type street motorcycles): 40 CFR § 205.152 - Noise emission standards. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/40/205.152[4/5/2021 2:57:13 PM] These levels refer to noise emissions as measured in accordance with the measurement methodologies specified in appendix I. LNEP's must also meet all requirements contained in paragraphs (a)(3), (4), and (5), of this section. (Secs. 10 and 15 of the Noise Control Act, (42 U.S.C. 4909, 4914)) ACCESSIBILITY ABOUT LII CONTACT US ADVERTISE HERE HELP TERMS OF USE PRIVACY 40 CFR § 205.52 - Vehicle noise emission standards. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/40/205.52[4/5/2021 3:36:55 PM] LII >Electronic Code of Federal Regulations (e-CFR) >Title 40 - Protection of Environment >CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY >SUBCHAPTER G - NOISE ABATEMENT PROGRAMS >PART 205 - TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS >Subpart B - Medium and Heavy Trucks >§ 205.52 Vehicle noise emission standards. 40 CFR § 205.52 - Vehicle noise emission standards. prev | next § 205.52 Vehicle noise emission standards. Effective date Level (i) January 1, 1979 83 dBA. (ii) January 1, 1988 80 dBA. CFR (a) Low Speed Noise Emission Standard. Vehicles which are manufactured after the following effective dates shall be designed, built and equipped so that they will not produce sound emissions in excess of the levels indicated. (b) The standards set forth in paragraph (a) of this section refer to the sound emissions as measured in accordance with the procedures prescribed in § 205.54- 1,2. (c) Every manufacturer of a new motor vehicle subject to the standards prescribed in this paragraph shall, prior to taking any of the actions specified in section 10(a)(1) of the Act, comply with the other provisions of this subpart or Subpart A, as applicable. CFR Toolbox Law about... Articles from Wex Table of Popular Names Parallel Table of Authorities  Cornell Law School Search Cornell  ABOUT LII GET THE LAW LAWYER DIRECTORY LEGAL ENCYCLOPEDIA HELP OUT Fa LinTwFollow 40 CFR § 205.52 - Vehicle noise emission standards. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/40/205.52[4/5/2021 3:36:55 PM] (Sec. 6, Pub. L. 92-574, 86 Stat. 1237 (42 U.S.C. 4905, 4906)) [41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, Dec. 5, 1977; 51 FR 852, Jan. 8, 1986] (d) In-Use Standard. [Reserved] (e) Low Noise Emission Product. [Reserved] Sponsored Listings Benjamin Kearns PREMIUM (385) 625-5000 Provo, UT Divorce, Family Law WebsiteEmailCallEmailProfile ACCESSIBILITY ABOUT LII CONTACT US ADVERTISE HERE HELP TERMS OF USE PRIVACY