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Planning Commission Agenda - 08/19/2025 (Special)AGENDA SPECIAL MEETING - PLANNING COMMISSION August 19, 2025 – 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Chair Andrew Tapper, Vice-Chair Melissa Robeck, Rick Kothenbeutel, Teri Lehner, Rob Stark Council Liaison: Councilmember Kip Christianson Staff: Angela Schumann, Steve Grittman, Bob Ferguson, Tyler Bevier, Anne Mueller 1. Call to Order 2. Public Hearing - Consideration of an Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use-Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to define and regulate data center and technology campus land uses within the City Applicant: City of Monticello 3. Adjournment Planning Commission Agenda – 08/19/2025 1 2.Public Hearing - Consideration of an Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use-Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to define and regulate data center and technology campus land uses within the City Prepared by: Grittman Consulting, Stephen Grittman, City Planner Meeting Date: 08/19/2025 Council Date (pending Commission action): TBD Additional Analysis by: Community Development Director, City Attorney, Public Works Director, Assistant City Engineer, Chief Building Official, Community & Economic Development Coordinator ALTERNATIVE ACTIONS Decision 1: Consideration of amendments to Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data center and technology campus land uses within the City 1.Motion to continue the public hearing and postpone action on the proposed amendments to Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data center and technology campus land uses within the City to the September 2, 2025 regular Planning Commission meeting. 2.Motion of other. REFERENCE AND BACKGROUND Property: Legal Description: NA PIDs #: NA Planning Case Number: 2025.41 Request(s): Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use-Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to Planning Commission Agenda – 08/19/2025 2 define and regulate data center and technology campus land uses within the City Deadline for Decision: NA Land Use Designation: Light Industrial Park Zoning Designation: Proposed – Data Center Planned Unit Development Overlays/Environmental Regulations Applicable: NA Current Site Uses: NA Surrounding Land Uses: NA Project Description: Consideration of adoption of a new base Zoning District, known as the Data Center Planned Unit Development District (DCPUD) for the purpose of facilitating application and review of data center projects. ANALYSIS: Context The City has been working toward a process for consideration of data center development in Monticello, following a series of inquiries related to data center development in the community. The City adopted amendments to the Monticello 2040 Vision + Plan in early 2025 identifying the land use designation appropriate to data center uses and outlining land use goals and priorities for data center development. Through the comprehensive plan amendment process, the City determined that Data Center development has unique characteristics and siting considerations, including the following: 1. Data Centers, particularly “hyper-scale” facilities, often consume vast amounts of land. 2. Monticello’s growth area land supply is potentially large but is controlled by the Orderly Annexation agreement with the Township, which mandates a tiered level of development before expansion is allowed. 3. Monticello’s supply of industrial land is limited by service considerations, including high- capacity road access, sanitary sewer and water capacity, and land use compatibility. 4. Data Centers can create significant demands on municipal utilities, but this aspect is also highly variable, as the nature of individual facilities can vary greatly. Planning Commission Agenda – 08/19/2025 3 5. Data Centers have the potential for off-site impacts to neighboring land uses which can also vary greatly from end user to end user. 6. Data Centers have highly individualized internal design requirements not easily accounted for in most common land use regulatory environments. 7. The City’s primary goals for industrial development include both employment and tax base. Data Centers can meet the tax base goal. However, they are typically more limited with regard to employment – especially employment density. 8. Data Centers remain a relatively new land use in many communities, and studied impacts remain to be fully comprehended. At the time of the adoption of the 2040 Plan amendments, it was recognized that the City would need to develop a regulatory framework within the zoning ordinance to address the unique development characteristics of data centers. While the comprehensive plan provides broad guidance for land use policy, it is the zoning ordinance and other City codes that are the regulatory tools used to implement the land use policy. The comprehensive plan considerations noted above were incorporated into the language for the amendment to the 2040 Plan and provide the groundwork for zoning regulations to accomplish the following objectives: 1. Accommodate Data Center development as a unique land use in Monticello. 2. Ensure that the unique demands placed on the City’s services are adequately funded by the users that generate those demands. 3. Acknowledge that while Data Centers may not create large numbers of employment, the jobs created are often unique and highly skilled, and consistent with the City’s economic development goals. 4. Ensure the ongoing tax base generation that Data Center development represents, again consistent with the City’s economic development goals. 5. Create a process that is customized to the specific impacts and needs of this particular land use, irrespective of other typical zoning approaches. 6. Confirm that applications for such development provide adequate amounts and types of information to make land use and other decisions and development plans, including public infrastructure investment. 7. Verify that when providing municipal services to data center development, the City retains the ability to provide such services to both existing users and reasonably anticipated new growth. 8. Establish a process that provides for decision on land use entitlements, while protecting and advancing the interests of the City, and also respecting the needs of the developers and end users. Planning Commission Agenda – 08/19/2025 4 The Planning Commission held two workshops in July of 2025 to discuss an ordinance approach and provide input on the components of a proposed data center ordinance. The second workshop was held jointly with the City Council. The ordinance presented for consideration is reflective of the workshop discussion, and has been informed by additional research and information, including from the data center development and industry community. At this time, staff is seeking additional input from the Planning Commission on the draft ordinance, as well as information and comment offered during the public hearing. These comments will further inform the ordinance draft. The ordinance is currently in outline format. For the September regular meeting of the Planning Commission, it will be revised and adapted to formal ordinance format for consideration. Ordinance Approach There are various optional paths to processing data center development requests. One approach would be to amend the existing industrial zoning districts to list data centers as an allowed use, together with expected conditions for such uses. Another would be to proceed under the City’s current Planned Unit Development (PUD) zoning, which would create a custom PUD district for each user as they come in. A third option would be to create an overlay district for data centers, which would then be placed over an existing zoning district, such as one or more of the City’s current industrial districts. The proposed ordinance presented for consideration is a hybrid of these options. The ordinance would establish a new zoning district, known as the Data Center Planned Unit Development District (DCPUD). This path was chosen as it helps the city reach the goals noted above and avoids some of the gaps or potential inconsistencies that could arise with the alternatives. The use of DCPUD as proposed requires rezoning to the DCPUD District for any data center or data center campus use. The DCPUD separates itself from an underlying industrial district by serving as its own base zoning designation. This approach avoids conflicts that can arise from determining which standards are more restrictive when applied - the base industrial district or the PUD or overlay district. The use of rezoning also provides for significant discretion on the part of the City, as it is a legislative action of the City. The DCPUD as proposed allows the City to use a customized process for review of an application, as opposed to the standard “permitted use” or “conditional use” zoning approach. Data Centers will be permitted uses in the DCPUD, but the standards and process for review will be specific to the use, reflecting the unique challenges and benefits data centers present. The Planning Commission Agenda – 08/19/2025 5 ordinance also recognizes that due to the nature of the data center use, the submittals required to review the proposed development differ from those for a typical planned unit development. Unlike the traditional PUD process, the proposed DCPUD approach does not allow the same level of flexibility from identified standards. Typical PUD zoning implies a level of flexibility – along with a companion level of added enhancement – that rises from a series of negotiated development goals and elements. The proposed DCPUD ordinance allows data centers as permitted uses, but only under a specific set of minimum performance standards. As drafted, a variance would be required for any deviation from the minimum performance standards of the DCPUD. However, by establishing the expectations for these uses in the ordinance, there can be a high degree of predictability for applicants. Ordinance Components The proposed ordinance incorporates the following elements: 1. Purpose. This statement outlines the intent of the district. 2. Definitions Unique to the District. These definitions are integral to this use and added here to clarify the use or uses allowed. The formal ordinance will also include these within the Definitions section of the chapter. 3. Approval Criteria. These elements identify the expectations of the use, and how the City will evaluate any particular application for decision. Many of these statements reflect, or are refinements of, the goals identified in the Comprehensive Plan. They include operational aspects of the use, and the appropriate locations for a DCPUD. The decision to rezone a property to DCPUD is one of the aspects of City decision-making that provides a high level of discretion. Each of the criteria is necessary to make a positive finding for rezoning. Included in this list of criteria is assurance (and reasonable evidence to find) that the data center use will not negatively replace other City land use development opportunity or ability to provide utility extensions to serve other growth. The subsequent list of required application submissions is designed to provide that evidence. 4. Permitted Uses. Provides for data centers and their related activities, both principal and accessory uses. Once rezoned, data centers are a presumed allowable use – including the variety of ancillary elements that come along with various types of projects. While they are “permitted” in the sense that there is no discretion as to their legality in the district, they are also subject to the performance standards of the district. That is, a permitted use incorporates all of the requirements of the district to be considered an allowable land use. Planning Commission Agenda – 08/19/2025 6 5. Accessory Uses. These include those aspects of data center development (specifically related to outdoor mechanical equipment) that are often unique to this use. The section also refers to site development improvements and accessory structures as regulated by the general zoning ordinance. These elements of data center development are specified here to ensure and clarify that data center projects include more than just the central use (buildings containing computer processing hardware). A point of consideration is that the electrical substations that commonly accompany these uses are proposed to be allowed as an accessory use as currently drafted and includes a specific set of performance requirements. The city could consider these as separate uses instead. Substations are often essential to larger data center campuses. 6. Prohibited Uses. Although the Zoning Ordinance generally requires that unlisted uses are presumed to be prohibited – and as such, prohibited uses are not typically listed separately – the uses included here clarify the narrow nature of the DCPUD district intent. The prohibited uses have other impacts inconsistent with the intent of the 2040 Plan for data center development and the purpose of the data center ordinance. 7. District Performance Standards. These standards regulate both the site development and ongoing operational aspects of data center development. They focus on components of the use which have external impacts, with less focus on regulating improvements internal to the site and which generally have limited external impacts. These standards are intended to both facilitate decisions on rezoning for specific locations, as well as to set expectations for operation of the facility. If it cannot be demonstrated that the standards can be met in a particular location, it would be a basis for establishing a different land use and, presumably, denying a data center development application. Similarly, once approved and when operated consistent with these standards, the City, the user, and the neighboring property should have a clear expectation of nature of the use and its impacts. Included in the Performance Standards: a. Floor Area Ratio b. Building Setback c. Building Height d. Building Height e. Noise Limits f. Lighting g. Landscaping and Screening h. Fencing Design and Placement Planning Commission Agenda – 08/19/2025 7 8. DCPUD Initiation of Proceedings. This section refers to the existing zoning ordinance as to those eligible to file a land use application. 9. DCPUD Application. This section outlines the information and process required to prepare an application for the District. It further coordinates a DCPUD zoning application with the requirements for platting and the terms and processes of the City’s Subdivision Ordinance as may be applicable. 10. DCPUD Rezoning and Development Stage Submittal Requirements. Provides for the application submittals required. The list of required application materials is designed to provide the information necessary to determine that a DCPUD district should be created for a specific site, and then to evaluate whether a submitted application can prove consistency with the various standards of the district ordinance. For purposes of creating the district and considering a rezoning, the material needs to support a rezoning decision. As a “Development Stage PUD”, the material submitted will verify the ability of the applicant to meet the terms of the City’s rezoning requirements for DCPUD. As noted above, the data submitted in this section is intended to document consistency with the goals of the Comprehensive Plan, focusing on the external impacts of the use and City’s ability to grow the community reasonably and responsibly. The submittals do not include requirements for detailed building plans or landscaping plans as is common under a general PUD. Rather, the development of a DCPUD is expected to comply with the minimum DCPUD performance standards, which will be verified at site plan review and building permit. One of the unique aspects of this list is the “Fiscal Benefits Statement” – an estimate that is intended to verify the City’s ongoing ability to serve other growth and to understand the positive fiscal tax base expected from development of this nature. Because beneficial property tax revenue is the primary City objective for data center approval, the Fiscal Benefits Statement is crucial to show that the project will pay for the increased demand for utility services, as well as generate positive tax revenues in the years to come. 11. DCPUD Development Stage Permit (and Preliminary Plat) Review. Provides the required process for review, including the requirement for public hearing. This section specifies the use of a “Site Improvement Plan Agreement”, an agreement that governs the terms of the City’s approvals and the applicant’s ongoing development and use of the property. The draft Site Improvement Plan Agreement is incorporated into this review to ensure that the Final Stage review (below) is a primarily ministerial review, without the need or expectation to close gaps in the project’s design or elements. Planning Commission Agenda – 08/19/2025 8 12. Final Stage Permit Submittal Requirements. For Final Stage consideration in the DCPUD, the applicant is asked to provide updated documentation of compliance with the terms of the district and any conditions placed on the City’s approval of Development Stage review. The expectation at this stage is that all final plans, reports, and other documents will be in final form. 13. DCPUD Final Stage and Final Plat Review. The process for review and approval is identified in this clause. Final Stage Permit is not expected to be a discretionary level of review. Instead, it is primarily a ministerial check to ensure that the applicant has provided all of the data and proper assurances required by the District and by the Development Stage approvals. At this stage, City Council would, if all conditions have been met, authorize execution of the Site Improvement Plan Agreement and publish the rezoning ordinance. 14. Site Improvement Plan Agreement. This clause specifies the use and role of this agreement in monitoring development and ongoing compliance. 15. Site Plan review. Specifies that development of the site is subject to an administrative review to verify compliance with the Site Improvement Plan agreement and the DCPUD code performance standards. 16. Timeline for performance. The language of this section is intended to ensure that a project is initiated within a reasonably short timeframe and moves forward diligently to completion. Initiation would mean filing of a final plat within 360 days of Council approval consistent with the City’s subdivision ordinance, filing for building permit approvals within 6 months of the filing of the Plat, and require continual progress on construction improvements. It incorporates a limit on the time that can elapse between phases, suggested to be a maximum lapse of 3 years. As the City considers dedicating significant resources to these projects, it is incumbent on the data center owner/user to proceed with its project in a timely manner. As noted in the Fiscal Impacts discussion above, the City is relying on property tax benefits from these projects as the underlying rationale for approval. It is thus critical that the projects proceed and are built out in a reasonable period of time. 17. Amendment to DCPUD. As projects are built out over phases, it is expected that internal modifications may occur. This section outlines the conditions under which an existing approved project can continue to evolve, and/or when it will require additional review and approval. Again, it is expected that a required amendment will be enforced when the external impacts of a project are substantively modified. Internal development is Planning Commission Agenda – 08/19/2025 9 anticipated to change over time, without need for revisions to the DCPUD zoning or its Site Improvement Plan Agreement. 18. Revocation. This clause, a common “ultimate” remedy (although very uncommonly used) for City zoning violations, is included in this ordinance, to ensure that the City retains this authority even though the ordinance and district are unique in nature. STAFF RECOMMENDED ACTION Staff recommend continuing the hearing and postponing action on the ordinance at this time. The ordinance is in draft form at present and additional discussion by the Commission and input from the public is requested prior to finalizing the ordinance for recommendation by the Commission. The draft is also subject to the continued review for revision by the City Attorney. SUPPORTING DATA A. Ordinance Outline - DRAFT B. Reference – Setbacks, Building Height & Floor Area Ratio C. MN Pollution Control Agency – A Guide to Noise Control in Minnesota D. Floor Area Ratio Guidebook, Metropolitan Council E. Reference – Data Center Example Site Images 1 DRAFT | AUGUST PUBLIC HEARING 153.045 Industrial Base Zoning Districts Data Center Planned Unit Development (DCPUD) Zoning District Purpose. The purpose of the Data Center Planned Unit Development (DCPUD) Zoning District is to provide for, and regulate, Data Center development in appropriate locations, specifically within areas that are otherwise designated for Light Industrial Park land use in the Monticello Comprehensive Plan (2040 Vision + Plan), as it may be amended. Definitions. Data Center: A facility used primarily for the storage, management, processing, and transmission of digital data which houses computer or network equipment, systems, services, appliances, and other associated components related to digital data storage and operations, together with its accessory and appurtenant facilities, which may also include air handlers, power generators, water cooling systems and water storage facilities, utility substations, and other associated infrastructure necessary to support sustained operations at a data center. The term Data Center shall not include digital data computing facilities which are not the principal use of a property in extent or area but which perform similar functions. The term Data Center shall not include data mining as defined by this ordinance. Data Center Campus: A Data Center that occupies more than one building, but is otherwise interconnected by ownership or operator entity, and may include interconnection by power supply, communication systems, power generation or other operational systems to form a unified Data Center facility. This definition may include, but shall not be limited to, “Technology Campus”, “Cloud Computing Center”, “Information Technology Campus”, and similar phrases and terms. May include data management or storage buildings, offices, and ancillary support buildings and structures including secure and controlled entrances, and perimeter fencing. Approval Criteria. No land shall be zoned as DCPUD unless the planned unit development is found consistent with all of the following factors, or if inconsistent, where the City Council specifically finds that the design of the facility has mitigated any inconsistent location factor. (a) Land is guided as Light Industrial Park in the City’s applicable Comprehensive Plan. 2 (b) Land is zoned I-1 (Light Industrial) District in the City’s applicable zoning ordinance if currently annexed to the City of Monticello. (c) The DCPUD will be served by City sanitary sewer and water supplies for specified data center demands and will not create shortages in the capacity of the City’s sanitary and water supplies, or create an inability to provide adequate utility service in other existing or planned areas of the City, including the Monticello Orderly Annexation Area. (d) The DCPUD will be adequately served with electricity supplies for the specified data center demands from the local electric power supplier, and demonstrates power supply capacity to existing property owners in the City and planned areas of the City, including the Monticello Orderly Annexation Area. (e) The DCPUD will provide adequate vehicular transportation facilities to serve the project and will adequately extend such facilities to serve adjoining future development areas. (f) The DCPUD will not displace other land uses the City deems important for the stable, long-term growth of the community, including other industrial lands or the City’s industrial development goals. (g) The DCPUD will provide identified benefits, including the creation and maintenance of tax base, and will avoid negative impacts such as those identified in this section, over the long term. (h) The DCPUD identifies and demonstrates adequate compliance with the provisions of this section and State law for exterior impacts perceptible from the boundaries of the facility, including but not limited to those for noise and lighting impacts. (i) All applicable State Pollution Control Agency, Department of Natural Resources, Department of Health, and Department of Transportation requirements are met to the City’s satisfaction. (j) The DCPUD will not conflict with other elements of the City’s Comprehensive Plan. Permitted uses. Uses allowed in the DCPUD are as follows, subject to the procedural and performance standards of this District, and all generally applicable standards of the Monticello Zoning Ordinance: (a) Data Center (b) Data Center Campus (c) Accessory buildings and uses 3 Accessory uses. The following accessory uses are allowed: (a) Appurtenances, or support facilities such as outdoor generators, mechanical or electrical equipment including substations and transmission structures, or similar elements. (b) Accessory Motor Vehicle Parking, subject to the requirements of the Monticello Zoning Ordinance Section §153.067 per Parking Schedule #2. (c) Signs, subject to the requirements of the Monticello Zoning Ordinance Section §153.064. (d) Other site development improvements regulated by the “Finishing Standards” of the Zoning Ordinance in Sections §153.060 – §153.070, except as otherwise prohibited by this Section. (e) A use that is subordinate to and serving the principal use and customarily incidental to the principal use. Prohibited uses. The following uses are specifically prohibited in the DCPUD: (a) The use of cargo containers, railroad cars, semi-trailer containers, and other similar storage containers, or any building that does not meet the building standards of this section (b) Commercial wind energy systems (c) Commercial telecommunication towers as defined by this ordinance (d) Ground solar energy systems (e) Data mining as defined by this ordinance District performance standards. Any application for amendment to the zoning map to rezone land to DCPUD under this Section shall be considered incomplete if it does not address each of the items in such a way as to provide the City with sufficient information to properly evaluate each element in this Section. Any deviation from these standards requires approval of a variance, which shall be reviewed in accordance with §153.208. (a) Any application for DCPUD shall be accompanied by a proposed Preliminary Plat subject to the application and procedural requirements of Chapter §152: Subdivisions for Preliminary Plat and shall only be developed on land subject to said Plat. The Exceptions as found §152.007 in are not applicable to the DCPUD. (b) The minimum floor area ratio (FAR) for the DCPUD and any individual phase of the DCPUD shall be .25. (c) The minimum setback for principal and accessory buildings and appurtenant structures shall be 100’ from any property line, except that the minimum setback shall be 200’ from any property line abutting residentially guided or zoned property, or directly abutting delineated wetland, parkland, or recreational property, which is 4 located in either the City or Monticello Township. Fences as required or permitted by this ordinance are not subject to the setback. (d) The maximum height for principal and accessory structures shall be 65’. (e) Principal building exterior finishes shall consist of materials compatible in grade and quality to the following: a. Decorative rock face block; b. Glass; c. Cast in place concrete or pre-cast concrete panels; d. Brick (f) Accessory building exterior finishes shall consist of materials compatible in grade and quality to the following: a. Decorative rock face block; b. Glass; c. Cast in place concrete or pre-cast concrete panels; d. Brick; e. Exterior insulated finish systems; f. Textured finishes on metal panel to simulate stucco or other similar treatments (g) Noise emanating from the facility, or from any appurtenant or accessory use or element of the facility, shall be in compliance with and regulated by the State of Minnesota pollution control standards and rules. Mitigation strategies are required to be implemented to provide assurance of conformity with these regulations. (a) All illumination levels must meet the requirements of §153.063 LIghting, except that illumination must be 0.0 footcandles at the property line abutting properties used, zoned or guided for residential, civic or institutional, recreational, or parkland uses. No external light source shall be located closer than 50’ from any property used, zoned or guided for residential or recreational uses. (b) Any outdoor facilities or equipment such as generators, parking and private circulation areas, other mechanical equipment, security chain link fencing, or any other similar outdoor facilities shall be fully screened to 100% opacity when viewed at comparable grade from abutting property used, zoned, or guided for residential or recreational uses, and from the public right of way. Screening may be accomplished through individual or combination use of fencing or walls meeting the materials requirements of this ordinance, landscaping, and/or berming. Buildings or building wing walls meeting the materials requirements of this section may also be used for screening. Chain link fence with slats shall not be used for screening purposes. 5 (c) Rooftop mechanical equipment shall be fully screened from the adjoining property lines via screening walls or parapets. (d) A landscaping buffer shall be installed around the entire perimeter of the DCPUD and maintained for the duration of facility operation per the applicable planting requirements of this chapter. The required landscaping buffer shall be installed and completed with each phase of development. (e) Fencing or walls shall be constructed of maintenance free fencing or brick, stone, masonry or decorative concrete. (f) Chain link fencing may be used for security purposes and shall be black or black coated vinyl and shall not include slats. Linear barbed wire is permitted on the top of such fenceline. In such case, screening to 100% opacity must be placed between the security fence and property line. (g) The facility shall provide parking for employees or service personnel at a rate per §153.067, Parking Schedule #2. (h) Except as provided in this Section, the DCPUD shall comply with all other requirements of this Ordinance. (i) Substations within the DCPUD shall be subject to the following: a. Must be located within the DCPUD; b. Must comply with the setbacks as established herein for all abutting properties which are not zoned DCPUD; c. Must comply with the lighting standards established herein; d. Must comply with the buffer landscaping requirements of §153.060 e. Electrical transmission lines extended to the substation are not subject to §153.065 Underground Utilities; f. The number of substations serving a data center or data center campus are limited to those necessary for operating the data center or data center campus exclusively. (j) In addition to the standards of the Section, all other provisions of the City’s zoning and subdivision regulations shall apply to the facility, unless otherwise exempted. With regard to specific zoning district standards, the requirements of the DCPUD zoning district shall apply. Where the terms of this Section vary from the zoning and subdivision regulations, the requirements of this Section shall apply. DCPUD Initiation of Proceedings. Requests for DCPUD development stage, rezoning to DCPUD, and DCPUD final stage shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications. 6 DCPUD Application. (a) Applications for rezoning to DCPUD shall be subject to this section and shall not be subject to the Specific Review Procedures and Requirements of this chapter for Planned Unit Development. (b) Applications for DCPUD Development Stage Permit and DCPUD Final Stage Permit shall be in accordance with this section. The application for DCPUD Development Stage Permit and DCPUD Final Stage Permit shall not run concurrently. (c) Applications for Preliminary and Final Plat as required by this section shall be submitted in accordance with § 152: Subdivisions for Preliminary and Final Plat. (d) Rezoning to DCPUD does not revoke, rescind or otherwise render as not applicable the requirements of this ordinance for any applicable overlay district effective at the time of annexation and as required by State law. (e) All other requirements or provisions not specifically provided for by this section or otherwise exempted shall be as per City Code. DCPUD Development Stage and Rezoning Submittal Requirements. (a) Project narrative, including: i. Existing zoning district(s) and land use designation of subject DCPUD property area and all adjacent lands within 350’ of the subject DCPUD property boundary; ii. Statement of how the project will meet the Approval Criteria and District Performance Standards as required by this section; iii. Proposed phasing of full DCPUD site development, including number of phases, development timeline, and FAR of building within each phase; iv. Listing of all required federal and state permitting and current status of permitting; v. Maximum building height for any proposed principal structure on site; maximum height of any additional appurtenant or accessory structure on site; vi. Description of proposed building materials for all principal and accessory buildings meeting the requirements of this ordinance; vii. Square footage calculation of full usable/buildable area within the DCPUD; viii. Maximum building coverage within the DCPUD site improvement boundary; ix. Estimated building square footage within the DCPUD site improvement boundary by phase; x. Total maximum impervious surface coverage within the DCPUD. (b) Proof of title in a form approved by the City Attorney; 7 (c) Legal description of the property for which the DCPUD is requested; (d) All information required for Preliminary Plat as provided in § 152.040; (e) Certificate of survey illustrating the DCPUD property boundary; (f) DCPUD site improvement plan(s), including: i. Citation of the proposed name of the project, contact information for the developer and individual preparing the plan, signature of the surveyor and civil engineer certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow; ii. Minimum setback requirements as required by this section; iii. Layout of proposed lots with future lot and block numbers; iv. Area calculations for each parcel within the DCPUD property boundary; v. Outlots planned for public dedication and/or open space; vi. Easements and rights-of-way within or adjacent to the subject DCPUD property boundary, including detail on ingress and egress from the subject site to abutting or adjacent public right of way;; vii. Location of all electrical substation and transmission equipment located within the DCPUD; viii. Location, width, and names of existing and proposed streets within and immediately adjacent to the subject DCPUD property boundary and all connection points to public right of way; ix. Proposed sidewalks and trail connection points to public rights of way and any planned public sidewalk and pathways; x. Area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public parks; (g) Graphic depiction of site development phasing plan by acreage over the full DCPUD property, including proposed public utility easement corridors and/or rights of way; (h) Delineation and functional assessment of wetlands and/or watercourses over the DCPUD property and within 200 feet of the perimeter of the subdivision parcel; (i) Delineation of the ordinary high water levels of all water bodies; (j) Grading, drainage and erosion control plan prepared by a registered professional engineer, providing all information outlined in § 153.069(C); plans must show existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question; (k) Traffic study evaluating: i. Traffic volumes for passenger vehicles during normal operations; ii. Traffic volumes and routes for construction traffic during each phase of site development; iii. Any insufficient street or intersection design pursuant to project; 8 iv. Likely routes and frequency for commercial vehicles; v. Proposed location of pathway, including sidewalks and trails, connections through or along the site perimeter to ensure system connectivity to DCPUD boundary (l) A study that identifies both City and private utility supply and demand on the relevant system. Such study shall include water, wastewater, and stormwater system information, and shall demonstrate to the satisfaction of the City that the proposed facility can both (1) be adequately served by the existing or planned capacity of the utility, and (2) will not impede access or limit service capacity to those utilities by other future users in the City’s planning and service territory. i. Provide a specific utility phasing plan which demonstrates alignment with the proposed development phasing and timing; ii. Any deficiencies identified by the study shall be accompanied by a mitigation plan, including financial mitigation. iii. The study shall provide for extension of all public facilities, including utilities, roadways, pedestrian facilities, and other such public facilities to the extent of the property boundary as determined by the City Engineer and approved by City Council; (m) A fiscal benefits statement, estimating the annual property tax generation from the project by phase, including a detailed analysis of City property tax share per Minnesota law. The fiscal benefits statement shall include an analysis of the projected cost of any public infrastructure necessary to adequately serve the project as identified above by phase, or to ensure that the infrastructure required by this Section is adequately accounted for, and the applicant’s proposed contribution is sufficient to provide such public service demand; (n) Statement, study, or permit provided by the electric utility provider which demonstrates adequate capacity for the DCPUD and which details any impact to local or regional power supply; (o) Any other information as directed by the Community Development Department required to evaluate the specific Data Center PUD proposal. DCPUD Development Stage Permit Review. (a) The application for rezoning to DCPUD shall be reviewed in accordance with § 153.028(B), Zoning Ordinance Text and Zoning Map Amendments. (b) The application for Preliminary Plat shall be reviewed in accordance with City Code 152.026, Preliminary Plat Procedure. (c) As part of the review process for the DCPUD applications, the Community Development Department shall generate an analysis of the proposal against the 9 Approval Criteria of this chapter to formulate a recommendation regarding the rezoning to the Planning Commission and City Council. (d) As part of the review process for the Development Stage Permit, a Site Improvement Plan Agreement (SIPA) shall be prepared by the City following the application submittal, which details the development phasing, required site improvements, and financial impact and planning which embodies the terms and conditions of the approval given by the Council and which controls the installation of all required improvements for the proposed DCPUD. Such draft agreement shall be included for the City Council’s review and approval of the Development Stage Permit. The SIPA shall include a requirement that until the time of approval of a final stage permit, the rezoning ordinance for DCPUD will not be considered and no development rights are conferred. (e) The Planning Commission shall hold a public hearing and consider the application’s consistency with the intent and purpose of the DCPUD and comprehensive plan goals. The Planning Commission shall make recommendations to the City Council on the merit, needed changes, and suggested conditions of the proposed rezoning, Preliminary Plat and DCPUD development plan. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. (f) The City Council may hold a public hearing on the request for DCPUD if they deem such necessary. After consideration of the Planning Commission recommendation and/or hearing, if applicable, the City Council may approve the Development Stage DCPUD permit or any part thereof in such form as it deems advisable. Approval of the amendment to rezone to DCPUD shall require the approval of two-thirds present of all the members of the City Council, except as may be exempted by state statute. Final Stage Permit Submittal Requirements. (a) Revised DCPUD Development Stage plans as identified above shall be updated to incorporate all changes required by the DCPUD Development Stage permit approval and Preliminary Plat; (b) All information required for Final Plat as provided in § 152.041; (c) Up-to-date title evidence for the subject property in a form acceptable to the city shall be provided as part of the application for the DCPUD Final Plat; (d) Developer shall provide warranty deeds for property being dedicated to the city for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City Council; 10 (e) Developer shall provide all easement dedication documents for easements not shown on the Final Plat including those for public and private utilities, trails, ingress/egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property; (f) Private covenant documents or easements necessary to implement and maintain the DCPUD as approved by the city; (g) The applicant shall execute the final Site Improvement Plan Agreement which references all DCPUD site improvement plans and performance standards, required public improvements, completion dates for improvements, fiscal impact requirements, the required letters of credit, all required development fees and infrastructure improvement payments and/or securities, escrows, and warranties, and any other information deemed necessary by the city; (h) The city shall, upon approval of the DCPUD Final Stage permit, recording of the Final Plat, and recording of the Site Improvement Plan Agreement, publish the DCPUD ordinance. Such ordinance shall create a zoning district that is specific to the property for which the PUD was applied, and shall be designated in such a way as to be able to mark the official zoning map to identify the DCPUD ordinance. The DCPUD ordinance shall also designate that such property is thereby rezoned to the DCPUD district as adopted. Approval of the amendment to rezone to DCPUD shall require the approval of two-thirds of all the members of the City Council, except as may be exempted by state statute. PUD Final Stage and Final Plat review. (a) The application for Final Plat shall be reviewed in accordance with City Code §152.027, Final Plat Procedure. (b) The application for PUD Final Stage and Final Plat shall be considered by the City Council at a public meeting, following a review and report by the Community Development Department. Approval of the PUD Final Stage and Final Plat shall be by simple majority vote of the City Council, except where State law may specifically require a super majority. (c) Final stage DCPUD approval shall occur by adoption of a rezoning ordinance for the subject property specifying the uses, standards, and other requirements of said DCPUD zoning district. Such ordinance shall include an effective date clause which may delay the effective date of the ordinance until such time as the applicant has met each of the conditions of approval required by the City Council, in addition to other requirements including publication. No approvals are valid, and no permits may be issued, until the ordinance takes effect. If the final stage DCPUD is not approved by the City Council, or the applicant fails to meet the conditions as 11 described, the ordinance shall not take effect, and the subject property shall retain its previous zoning designation. Site Improvement Plan Agreement. (a) The DCPUD, if approved, shall be governed by the approve Site Improvement Agreement; (b) The agreement shall include, at a minimum, reference to DCPUD site improvement plans and performance standards, required public improvements, completion dates for improvements, fiscal impact requirements, the required letters of credit, all required development fees and infrastructure improvement payments and/or securities, escrows, and warranties, and any other information deemed necessary by the city; (c) For any DCPUD which includes subdivision of parcels which have no direct frontage on a public street, the site improvement agreement shall require common maintenance and easement agreement. Site Plan review. Following approval of the DCPUD, development within the DCPUD shall be subject to the Site Plan review process of this chapter. Timeline for performance. Upon DCPUD approval, the applicant is required to record the Final Plat within 360 days of the Council’s approval of Final Stage and Final Plat. A building permit for a principal structure within the first phase of development on site shall be filed within 6 months of the filing of the Final Plat. If there is a lapse of more than 3 years in proceeding to any subsequent and successive phase of development as approved by the SIPA , not withstanding on-going construction within an active phase of development as approved by the SIPA, the City Council may act after the 3 year period to revoke the DCPUD, revoke the governing Final Stage PUD approval, revoke the SIPA, and rezone the land to any other zoning district, following a public hearing to be held by the City Council. Amendment to DCPUD. Approved PUDs may be amended from time to time as a result of unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the applicant shall make an application to the city for a PUD amendment which shall follow the same process as defined in this section for Development and Final Stage Permit. Such amendment shall not: 1. Eliminate, diminish, or vary from the minimum performance standards of this section; 2. Amend any Final Stage site improvement plan element required by this section; 3. Exceed any maximum or minimum established in the DCPUD Final Stage narrative; 12 4. Create non-compliance with any condition attached to the approval of the DCPUD Final Stage plan; 5. Create non-compliance with any term or condition of the approved Site Plan Improvement Agreement. Revocation. If at any time the facility is in violation of the conditions of approval, including terms of the site improvement plan agreement, the Data Center Planned Unit Development approvals may be revoked by the City Council following a public hearing to be held by the City Council. SETBACKS & HEIGHT CITY OF MONTICELLO BLOCK 52 | 17.5' SETBACK FROM PINE ST. / PROPERTY LINE AROPLAX | 100' SETBACK FROM CHELSEA / PROPERTY LINE 23.5' HEIGHT Setbacks : 0-100' 75' HEIGHT CITY OF MONTICELLO UMC | 253' SETBACK FROM CHELSEA RD. / PROPERTY LINE WIHA | 355' SETBACK FROM 7 ST. WTH 50‘ HEIGHT 35‘ HEIGHT Setbacks : 250'-350' SETBACKS & HEIGHT CITY OF MONTICELLO FLEET FARM | 650' SETBACK FROM CHELSEA RD Setbacks : 350'+ SETBACKS & HEIGHT 31‘ HEIGHT (SILO 65') CITY OF MONTICELLO F.A .R FLOOR AREA RATIO 516 E 7TH ST 12.79 ACRE PARCEL 1.739 ACRE BUILDING = 0.13 F.A.R 9668 FALLON 2.00 ACRE PARCEL 0.44 ACRE BUILDING = 0.22 F.A.R CITY OF MONTICELLO F.A .R FLOOR AREA RATIO 10531 DALTON AVE NE 4.68 ACRE PARCEL 1.5 ACRE BUILDING = 0.32 F.A.R 9600 FALLON AVE NE 4.05 ACRE PARCEL 1.39 ACRE BUILDING = 0.34 F.A.R A Guide to Noise Control in Minnesota Acoustical Properties, Measurement, Analysis, and Regulation November 2015 Minnesota Pollution Control Agency 520 Lafayette Road North | Saint Paul, MN 55155-4194 | www.pca.state.mn.us | 651-296-6300 Toll free 800-657-3864 | TTY 651-282-5332 This report is available in alternative formats upon request, and online at www.pca.state.mn.us Document number: p-gen6-01 Authors Amanda Jarrett Smith, MPCA Anne Claflin, MPCA Melissa Kuskie, MPCA Editing and graphic design Tanja Michels PST Staff PIO Staff The Minnesota Pollution Control Agency (MPCA) is reducing printing and mailing costs by using the Internet to distribute reports and information to wider audience. Visit our website for more information. MPCA reports are printed on 100% post- consumer recycled content paper manufactured without chlorine or chlorine derivatives. Foreword The Minnesota Pollution Control Agency (MPCA) is empowered to enforce the State of Minnesota noise rules. These rules and supporting acoustical information can be viewed in the document, “A Guide to Noise Control in Minnesota.” This publication is intended to provide information on the basics of sound and noise regulation. Revised 2015 Contents Foreword ...........................................................................................................................................2 Contents ............................................................................................................................................1 Introduction ......................................................................................................................................1 1. Noise rules in Minnesota ................................................................................................................2 1.1 The basics ................................................................................................................................................... 2 1.2 Noise area classifications ........................................................................................................................... 2 1.3 Common noise concerns ............................................................................................................................ 3 1.4 Regulatory agencies ................................................................................................................................... 4 2. Basics of how sound works .............................................................................................................6 2.1 Waves and sound pressure level ................................................................................................................ 6 2.2 Sound weighting networks ......................................................................................................................... 8 2.3 Human perception of sound ...................................................................................................................... 9 2.4 Using decibel measurements ................................................................................................................... 10 3. Measurement procedures ............................................................................................................ 13 3.1 General procedures .................................................................................................................................. 13 3.2 Noise Test Procedure 1: Measurement procedure for non-impulsive noise ........................................... 14 3.3 Noise Test Procedure 2: Manual measurement procedure for non-impulsive noise .............................. 14 4. Minnesota noise pollution statutes and rules ................................................................................ 18 Minn. Rules § 7030 NOISE POLLUTION CONTROL .......................................................................................... 19 Minn. Stat. § 86B WATERCRAFT OPERATION ................................................................................................. 27 Minn. Stat. § 84.8 SNOWMOBILES ................................................................................................................. 29 Minn. Stat. § 87A. SHOOTING RANGES .......................................................................................................... 31 Minn. Rules § 6102, RECREATIONAL VEHICLES .............................................................................................. 31 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 1 Introduction Noise is a pollutant. While its physical and emotional effects are difficult to define quantitatively, the noise level itself can be measured. Sound: An alteration of pressure that propagates through an elastic medium such as air and produces an auditory sensation. Noise: Any undesired sound. The Minnesota Pollution Control Agency (MPCA) is empowered to enforce the State of Minnesota noise rules (Minn. Rules Ch. 7030). Minnesota’s primary noise limits are set by “noise area classifications” (NACs) based on the land use at the location of the person that hears the noise. They are also based on the sound level in decibels (dBA) over ten percent (L10), or six minutes, and fifty percent (L50), or thirty minutes, of an hour. For residential locations (NAC 1), the limits are L10 = 65 dBA and L50 = 60 dBA during the daytime (7:00 a.m. – 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime (10:00 p.m. – 7:00 a.m.) (Minn. R. 7030.0040). This means that during a one-hour period of monitoring, daytime noise levels cannot exceed 65 dBA for more than 10 percent of the time (six minutes) and cannot exceed 60 dBA more than 50 percent of the time (30 minutes). A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 2 1. Noise rules in Minnesota 1.1 The basics Minnesota’s noise pollution rules are based on statistical calculations that quantify noise levels over a one-hour monitoring period. The L10 calculation is the noise level that is exceeded for 10 percent, or six minutes, of the hour, and the L50 calculation is the noise level exceeded for 50 percent, or 30 minutes, of the hour. There is not a limit on maximum noise. The statutory limits for a residential location are L10 = 65 dBA and L50 = 60 dBA during the daytime (7:00 a.m. – 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime (10:00 p.m. – 7:00 a.m.) (Minn. R. 7030.0040). This means that during the one-hour period of monitoring, daytime noise levels cannot exceed 65 dBA for more than 10 percent of the time or 60 dBA more than 50 percent of the time. The basic noise rules for other noise area classifications are: Noise Area Classification Daytime Nighttime L10 L50 L10 L50 1 65 60 55 50 2 70 65 70 65 3 80 75 80 75 1.2 Noise area classifications Noise area classifications (NAC) are based on the land use at the location of the person who hears the noise, which does not always correspond with the zoning of an area. Therefore, noise from an industrial facility near a residential area is held to the NAC 1 standards if it can be heard on a residential property. Some common land uses associated with the NACs include: NAC 1: Residential housing, religious activities, camping and picnicking areas, health services, hotels, educational services NAC 2: Retail, business and government services, recreational activities, transit passenger terminals NAC 3: Manufacturing, fairgrounds and amusement parks, agricultural and forestry activities NAC 4: Undeveloped and unused land Note that, although there is a NAC 4, there are no noise standards for these areas. The full list of NAC land uses can be found starting on page 21 of this guide or in Minnesota Rule 7030.0050. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 3 1.3 Common noise concerns By Minnesota law, the MPCA is empowered to enforce the state’s noise rules. Many other agencies and levels of government, however, have an important role to play in upholding the noise standards. Depending on the source and location of the noise, some agencies may be in a better position than others to help citizens with noise concerns. Industrial facilities The MPCA enforces noise standards at facilities for which it has issued an air permit. For complaints about noise at one of these facilities, please use the Online Citizen Complaints Form. If you prefer, you may call the MPCA to make your complaint: 651-296-6300 within the Twin Cities metropolitan area or 1-800-657-3864 if you are outside of this area. Local land uses Local law enforcement agencies are empowered to enforce Minnesota state rules and laws relating to the prevention and control of pollution (Minn. Stat. 115.071). Many local governments also have nuisance noise ordinances or general public nuisance ordinances that can be used to enforce local noise concerns. Local governments are required to take reasonable measures to prevent the approval of land use activities that will violate the state noise standard immediately upon establishment of the land use (Minn. R. 7030.0030). Municipalities should consider the state noise standard when reviewing and approving new projects in their jurisdiction. The MPCA can provide some expertise to support this review process. Please contact noise.pca@state.mn.us. Roads and highways The Minnesota Department of Transportation (MnDOT) handles complaints about noise on highways and other roads it manages. According to Minn. Stat. 116.07.2a, most roads are exempt from Minnesota’s state noise rules. MnDOT does, however, have policies, agreed on with the MPCA, for providing noise mitigation when it is determined to be both feasible and reasonable. MPCA reviews some MnDOT projects and noise mitigation decisions. For further information on MnDOT’s noise policies, please visit its website. Vehicles Minn. R.7030.1000-1060 outlines Minnesota’s state rules relating to motor vehicle noise. In addition to the state rules, local governments may have nuisance sound ordinances, which are often easier to enforce than the state rule. As with noise relating to local land-use decisions, contacting your local government or law enforcement is your best course of action. Airplanes The Metropolitan Airports Commission (MAC) responds to all concerns regarding noise relating to aircraft or the airports. For more information, please see its website. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 4 Snowmobiles, off-highway vehicles, and motor boats The Minnesota Department of Natural Resources (MDNR) has source-specific noise rules for snowmobiles (Minn. R. 6100.5700.5), off-highway vehicles (Minn. R. 6102.0040.4), and motor boats (Minn. Stat. 86B.321), requiring them to be equipped with proper mufflers and conform to certain noise standards. For more information on MDNR regulations for snowmobiles, off-highway vehicles, and boats, please visit its website. Mining The MDNR also has source-specific rules to restrict noise and vibrations from different types of metallic mining operations (Minn. R. 6130.3900 and 6132.2900). Local governments are relied upon to consider noise when approving and permitting sand and gravel mining operations. The MPCA enforces noise standards at mining facilities for which it has issued an air permit. For complaints about noise at one of these facilities, please use the Online Citizen Complaints Form. If you prefer, you may call the MPCA to make your complaint: 651-296-6300 within the Twin Cities metropolitan area or 1-800-657-3864 if you are outside of this area. Gun clubs Minn. Stat. 116.07.2a exempts gun clubs from the receiver-based noise standards administered by the MPCA. However, Minn. Stat. 87A includes some standards regarding gun club noise. Through this statute, the MDNR is authorized to regulate gun club noise. For further information, please visit its website. Motor vehicle race track Minn. Stat. 116.07.2a exempts motor vehicle race tracks built before July 1, 1996 from Minnesota’s noise standards. All tracks built since that date must comply with the noise rules. Local governments have often been successful in working with exempt tracks to mitigate noise concerns by establishing time and date restrictions, muffler requirements, and noise barriers. 1.4 Regulatory agencies Several agencies have noise regulations for different noise sources. Noise rules either set standards based on the source of the noise (source standards) or based on who hears the noise (receiver-based standards). Minnesota Pollution Control Agency - The MPCA has a receiver-based standard intended to limit noise levels and protect the health and welfare of the general public. The MPCA enforces the standard at facilities for which the agency issues air quality permits. The MPCA also works with other agencies and levels of government to enforce noise standards and reduce violations through pre-construction project reviews. Local Agencies - Local governing agencies, such as a cities and counties, are relied upon to enforce noise standards relating to local land use and often have ordinances regulating noise levels. They are also responsible for not allowing land uses that would immediately violate the state noise standard. For instance, local governments should be cautious of allowing a loud local utility facility to locate in a residential area. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 5 Minnesota Department of Natural Resources - The MDNR has source standards for snowmobiles, motorboats, personal watercraft, off-highway vehicles, and gun clubs. MDNR also has source standards for metallic mining operations. For more information, see its website. Metropolitan Airport Commission - The MAC is responsible for all noise issues related to the Minneapolis-St. Paul International Airport and reliever airports. For more information, see its website. Federal Aviation Administration - The FAA has source regulations for commercial jet engines. All commercial jet engines must meet noise emission criteria prior to being certified for flight. However, the Metropolitan Airport Commission is the best contact for noise concerns related to its airports. Additional information on the FAA’s noise standards can be found on its website. Minnesota Department of Transportation – MnDOT is responsible for state highway noise mitigation. It works with the Federal Highway Administration (FHWA) and the MPCA to evaluate road projects for noise impacts and possible mitigation measures. For more information see the Department’s website. Federal Highway Administration (FHWA) - The FHWA does not have actual noise standards, but has a 70 dBA L10 guideline that is used to determine federal funding for noise abatement on highway projects. New highway projects must go through a noise impact analysis and be considered for abatement measures. Information on FHWA’s noise policies can be found on its website. Federal Railroad Administration (FRA) - Regulation of railroad-related noise is the responsibility of the FRA. For more information see the Administration’s website and to contact them about a noise concern, call 1-800-724-5040. Occupational Safety and Health Administration (OSHA) - OSHA has regulations to protect against hearing loss in the workplace. These are “dose standards” that restrict the amount of noise an employee receives over a period of time, such as eight hours. For additional information, visit OSHA’s website. Housing and Urban Development (HUD) - HUD has noise regulations that establish acceptable noise zones for HUD housing projects. More information can be found on HUD’s website. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 6 2. Basics of how sound works 2.1 Waves and sound pressure level Sound travels in a wave motion through the air to our ears. A good way to imagine wave motion is with a weight hanging from a spring. Picture the following diagram (Figure 1) as a single weight and spring combination varying as time progresses along the horizontal axis. In Figure 1 the first position of the weight on the spring is at rest with no forces exerted upon the system. If the weight is raised above its point of rest and the progression of the weight moving down and up again is observed over a period of time, a wave form is produced. The amplitude of the moving weight is labeled as “A” in Figure 1 and corresponds with the maximum movement of the weight from its “at rest” position to the peak of the wave form either up or down. We hear changes in amplitude as changes in volume. The period of the vibration is the amount of time taken to produce one complete cycle or, in this example, how quickly the weight moves from top to bottom and back. The number of cycles per second defines the frequency of the periodic (up and down) motion, which is given the unit of hertz, or Hz. We hear different frequencies as higher or lower pitched sounds. Figure 1. Weight on a spring – example of periodic motion Figure 1. Weight on a spring – example of periodic motion A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 7 Figure 2 shows how the weight on a string (two-dimensional) example of sound waves compares to the compression and expansion of sound waves through space (three-dimensional). The graphical representation of sound waves in Figure 2 is of pure tones, which are sounds made up of a single frequency. A familiar example of a pure tone is the sound produced when a single key of a piano is pressed. For instance, the middle C key on a piano vibrates the associated wire at a rate of approximately 260 times per second or 260 Hertz. The vibration of the wire transfers its motion to the sound board of the piano, which then vibrates at the same frequency, causing the air adjacent to the sound board to form compression and expansion waves in the air emitting outward from the sound board. When received by the human ear, this is regarded as sound. Most sounds are not pure tones, but a mixture of tones of varying amplitude, frequency, and duration. The intensity of a sound is the amount of sound energy at a given moment in a given area. The sound pressure level, measured in a unit called the decibel, or dB, is the ratio between the intensity of a sound and that of a reference pressure, which is the threshold of perception. The decibel is a logarithmic measurement which can accommodate a large range of values. The human ear can detect sounds more than a million times quieter than a jet aircraft during take-off; therefore, to have a system with a manageable range of numbers, the logarithm is used. Sound pressure level = 20 Log10 * (Measured Sound Pressure / Reference Pressure) Reference Pressure = 0.00002 Newtons / (meter)2 Figure 2. Comparison of periodic motion to sound waves A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 8 Many different properties affect the noise level of a specific source type. For example, three lawn mowers may have three different noise levels because of differences in each specific piece of equipment. Noise level also depends on the distance from the noise source and features of the surrounding environment. Figure 3 provides a rough estimate of decibel levels of some common noise sources. 2.2 Sound weighting networks Sound level meters (SLM) used for monitoring can pick up sounds as a perfect computer, but the human ear is not as precise. The human ear cannot hear very low frequencies or very high frequencies. Weighting networks are used in noise monitors to adjust specific frequencies in the audio spectrum to attempt to duplicate the response of the human ear. The C-weighting network represents the actual sound pressure level that is received by the sound level meter, and does not noticeably vary in its amount of compensation throughout the audio spectrum. C-weighting is used during the calibration of sound level meters to ensure that the sound level displayed on the meter is accurate and the same as the frequency of the calibrator. The A-weighting network is used to duplicate the sensitivity of the human ear. At 100 Hertz, the A-weighting network filters out approximately 20 dB from the incoming signal before it is combined with the levels from the other frequency ranges to produce an A-weighted sound level. Figure 3. Decibel levels of common noise sources A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 9 The graph in Figure 4 represents the sensitivity of the human ear in comparison to the compensation of a C-weighting network and an A-weighting network. This illustration is useful in understanding how the ear is inefficient in the detection of lower frequencies and is very sensitive to higher frequencies. 2.3 Human perception of sound Sound has qualitative aspects that can be described with adjectives and quantitative aspects that can be described with measurements. Sound can be qualitatively perceived as pleasant or annoying, and quantitatively (as loudness) measured in terms of decibels. Changes in loudness are described on a logarithmic scale because the human ear can hear such a wide range of sound levels. The human ear can usually tell the difference when sound changes by 3 dBA and a 5 dBA change is clearly noticeable. Because of how the logarithmic scale functions in compressing the measurements associated with sounds, an increase of 10 dBA sounds twice as loud. Figure 4. Weighting networks with sound measurements done in the A-weighting network are reported with the unit dBA Figure 5. Change in decibel level and perceived change in loudness ± 1 dBA…………………….. Not Noticeable ± 3 dBA…………………….. Threshold of Perception ± 5 dBA…………………….. Noticeable Change ± 10 dBA…………………… Twice (Half) As Loud ± 20 dBA…………………… Four Times (One Fourth) As Loud A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 10 Figure 6. Distance attenuation of noise levels from a point source (top) and a line source (bottom) 2.4 Using decibel measurements Addition and subtraction of decibels is often necessary for estimating total noise levels or background noise. Because decibels are measured using a logarithmic scale, conventional linear mathematics cannot be used. The following rules of thumb provide a good estimate of the effect that type, distance, and number of sources have on measured sound pressure level. Sound propagation and sources Sources of sound can be defined as point or line sources, based on the way sound pressure waves spread away from the source. Sound waves move out from sources in a way similar to waves traveling away from a rock dropped in a pond. A point source, like a factory, emits sound that spreads out in a sphere. A line source, like a busy highway, emits sound that spreads out in a cylinder. Knowing the sources of sounds makes it possible to make assumptions about how the sound behaves. Distance attenuation Over distance, sound attenuates, or is reduced in amplitude, and is perceived as becoming quieter. This occurs as the sound travels outward to an increasingly larger sphere or cylinder, and the energy per unit of area decreases. These basic principles allow us to make generalized assumptions about sound. When the distance is doubled from a line source, the sound level decreases three decibels. Example: If a sound level is: 70 decibels at 50 feet it will be 67 decibels at 100 feet, and 64 decibels at 200 feet When the distance is doubled from a point source, the sound level decreases six decibels (Figure 6). Example: If a sound level is: 70 decibels at 50 feet it will be 64 decibels at 100 feet, and 58 decibels at 200 feet A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 11 Number of sources In many situations pertaining to noise control and monitoring, it is very useful to be able to add and subtract multiple sources of sound. This can be done with principles similar to how sound attenuation over distance is estimated. A doubling of sound energy yields an increase of three decibels. For example, each generator at a factory produces sound that is measured at 70 decibels, so running one generator would create sound measured at 70 dBA, turning on a second generator would increase sound by 3 dBA to 73 dBA, and doubling again to four generators would increase sound levels to 76 dBA. Figure 7 illustrates this principle. In the same way, reducing the number of sources by half will reduce the sound pressure by 3 dBA. Consider the perception of changes in decibel levels (Figure 5) compared to the example of addition or subtraction of sources (Figure 7). Doubling sources yields an increase of 3 dBA, which is a change that is just perceptible. Background noise Background, or ambient, noise consists of all noise sources other than the noise source of concern. This can include traffic, animals, machinery, voices, and other sounds. Wind is often a major source of ambient noise and can frequently be a problem when trying to monitor a specific source of noise. The MPCA’s noise test procedures state that measurements should not be made when noise from wind or precipitation results in a difference of less than 10 dBA between the background sound level and noise source being measured. In practice, this means that wind speeds must be below 11 mph when making noise measurements and rainy weather conditions should be avoided. When background noise is less than 10 dBA from the decibel level of the noise source to be measured, confidence in the accuracy of the measurement decreases. Figure 7. Addition and subtraction of decibel levels A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 12 In certain instances, when a single noise source is analyzed along with other noise sources, correction factors can be used to isolate the noise source being monitored and calculate its individual noise level. This is done by measuring and recording the total noise level of all sources. Next, the noise source to be isolated is turned off and a noise level reading is taken with all the other existing noise sources in operation. The background noise level is then subtracted from the total noise level. The result is used in conjunction with the following background noise correction chart (Figure 8) to find the approximate noise level of the source. Figure 8 is a graph used to estimate the amount of background noise influencing a measurement. Based on the measured background noise it gives the corresponding decibel level to be subtracted from the total measurement to determine the decibel level of the noise source being monitored. For example, if the total noise level is 74 dBA, and then falls to 70 dBA when the source of interest is turned off, the difference of four decibels between the total noise level and background noise indicates that two decibels should be subtracted from the total. This means that a 72 dBA noise level can be attributed to the monitored source in the absence of background noise. Figure 8. Background noise correction A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 13 3. Measurement procedures This guide contains two measurement procedures. The general protocols remain the same, but your choice of procedure depends on the capabilities of your sound level meter (SLM). Noise Test Procedure 1 (NTP-1) should be used if your SLM is capable of calculating monitoring results and Noise Test Procedure 2 (NTP-2) should be used if your SLM only displays instantaneous readings. 3.1 General procedures Sound level meter Your sound level meter and microphone must comply with the specifications for ANSI S1.4-1983 Type 0, 1, 2, or S. Calibration You must also have a calibrator of a known frequency and sound level. Calibrators should be compared to a lab standard periodically. Calibration must be performed before and after the monitoring period. Adjustments should be made if necessary. Weather conditions Measurements should not be made when noise from wind or precipitation results in a difference between the background sound level and noise source being measured that is less than 10 dBA. In practice, this means that wind speeds must be below 11 mph and rainy weather conditions should be avoided. Temperature and humidity should be within equipment specifications. Background noise As mentioned in the previous section, background noise is any ambient noise other than the noise to be measured, including wind, precipitation, traffic, etc. The difference between the sound level of the source being monitored and that of the background noise must be less than 10dBA. See page 11 for suggestions on how to correct for background noise. Location of measurement Properly choosing a monitoring location is an important consideration. Measurements should be made in the appropriate NAC, at the area of normal outdoor human activity nearest to the noise source. The monitoring location may not necessarily be at the property line; for instance, if the property of the complainant is large and residential outdoor activity is limited to a backyard patio (possibly such as on a farm). Measurements must be made outdoors from at least three feet off of the ground (a tripod is helpful for this). Another important part of site selection is the consideration of errors caused by reflecting objects, such as a house or other large manmade or natural structures. Measurements should be made at least as far away from any large reflecting object as from the noise source being measured. If this is not possible, stay at least 30 feet from structures. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 14 Documentation of measurement A survey form must be completed containing date, time, location, noise source, wind speed/direction, temperature, humidity, equipment information (make, model, serial number), site sketch with the location of the noise source and measurement location (including appropriate distances), data and calibration information. A sample survey form can be found on page 16. 3.2 Noise Test Procedure 1: Measurement procedure for non- impulsive noise The following test procedure has been approved by the Commissioner of the MPCA for the measurement of non-impulsive noise. The general procedures described above (3.1 General procedures) should be followed whether you are using the NTP-1 or NTP-2 procedures. Instrumentation:  Sound level meter and a microphone conforming to type 0, 1, 2, or S specifications under ANSI S1.4- 1983  Calibrator of known frequency and level  Small screwdriver for sensitivity adjustment  Microphone windscreen  Noise survey form  Tripod (optional) Monitoring procedure: Monitoring must be conducted for at least a one hour time period. Sound meter must use the "A" weighting and FAST response characteristics. Follow your manufacturer instructions to obtain the L10 and L50 results. 3.3 Noise Test Procedure 2: Manual measurement procedure for non- impulsive noise The following test procedure has been approved by the Commissioner of the MPCA for the measurement of non-impulsive noise. The general procedures described above (3.1 General procedures) should be followed whether you are using the NTP-1 or NTP-2 procedures. The NTP-2 procedure is to be used with SLMs that cannot calculate noise statistics and only provide instantaneous readings. Instrumentation:  Sound level meter and a microphone conforming to type 0, 1, 2, or S specifications under ANSI S1.4- 1983  Calibrator of known frequency and level  Small screwdriver for sensitivity adjustment  Microphone windscreen  Noise survey form  Tripod (optional) A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 15 Manual monitoring procedure: Using a hand-held SLM, take an instantaneous sound reading every 10 seconds and record on a data sheet. A partner is very helpful. Continue taking sound readings for one hour, which will give you 360 individual readings. Figure 9 provides an example of a manual monitoring data sheet. To determine the L10, take the 36th loudest (10 percent of 360 = 36) individual sound reading by counting from the loudest to the quietest on the data sheet. For example, in Figure 9, the L10 = 63 and is the 36th X from the top of the sheet. To determine the L50, take the 180th loudest (50 percent of 360 = 180) individual sound reading. In Figure 9, the L50 = 57 and represents the 180th X from the top of the sheet. Figure 9. Example manual monitoring data sheet A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 16 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 17 Noise survey Investigator ______________________________________ Date _________________________ SLM Manufacturer and Model _______________________ Serial Number_________________ Calibrator Manufacturer and Model ____________________________________________________ Calibrator Serial Number____________________________ Calibrator Frequency (Hz) ____________ Initial Calibration (dBA) ___________ Final Calibration (dBA) ___________ Meteorological Conditions: Wind Speed ________ Direction ________ Temperature________ Source ________________________________________________________________________ Monitor Location _______________________________________________________________ Time Start _______________ Time End _________________ Results L10 _________dBA L50 _________dBA Diagram (Indicate noise source, receiver, microphone location, reflecting objects, obstructions, landmarks, and distances) A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 18 4. Minnesota noise pollution statutes and rules Minn. Stat. § 116.07 POWERS AND DUTIES. Subdivision 1. Generally. In addition to any powers or duties otherwise prescribed by law and without limiting the same, the Pollution Control Agency shall have the powers and duties hereinafter specified. Subd. 2. Adoption of standards. (c) The Pollution Control Agency shall also adopt standards describing the maximum levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere, recognizing that due to variable factors no single standard of sound pressure is applicable to all areas of the state. Such standards shall give due consideration to such factors as the intensity of noises, the types of noises, the frequency with which noises recur, the time period for which noises continue, the times of day during which noises occur, and such other factors as could affect the extent to which noises may be injurious to human health or welfare, animal or plant life, or property, or could interfere unreasonably with the enjoyment of life or property. In adopting standards, the Pollution Control Agency shall give due recognition to the fact that the quantity or characteristics of noise or the duration of its presence in the outdoor atmosphere, which may cause noise pollution in one area of the state, may cause less or not cause any noise pollution in another area of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, zoning classifications, topography, meteorological conditions and the fact that a standard which may be proper in an essentially residential area of the state, may not be proper as to a highly developed industrial area of the state. Such noise standards shall be premised upon scientific knowledge as well as effects based on technically substantiated criteria and commonly accepted practices. No local governing unit shall set standards describing the maximum levels of sound pressure which are more stringent than those set by the Pollution Control Agency. Subd. 2a. Exemptions from standards No standards adopted by any state agency for limiting levels of noise in terms of sound pressure which may occur in the outdoor atmosphere shall apply to (1) segments of trunk highways constructed with federal interstate substitution money, provided that all reasonably available noise mitigation measures are employed to abate noise, (2) an existing or newly constructed segment of a highway, provided that all reasonably available noise mitigation measures, as approved by the commissioners of the Department of Transportation and Pollution Control Agency, are employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing or newly constructed segment of a road, street, or highway under the jurisdiction of a road authority of a town, statutory or home rule charter city, or county, except for roadways for which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, or (5) motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July 1, 1996. Nothing herein shall prohibit a local unit of government or a public corporation with the power to make rules for the government of its real property from regulating the location and operation of skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July 1, 1996. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 19 Minn. Rules § 7030 NOISE POLLUTION CONTROL 7030.0010 INCORPORATION BY REFERENCE. For the purpose of chapter 7030, American National Standards Institute, Specification for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change. The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise: Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is available from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change. 7030.0020 DEFINITIONS. Subpart 1. Application. The terms used in this chapter have the meanings given them in this part. Subp. 2. A-weighted. "A-weighted" means a specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute S1.4-1983, section 5.1. Subp. 3. Daytime. "Daytime" means those hours from 7:00 a.m. to 10:00 p.m. Subp. 4. dB(A). "dB(A)" means a unit of sound level expressed in decibels (dB) and A-weighted. Subp. 5. Decibel. "Decibel" means a unit of sound pressure level, abbreviated as dB. Subp. 6. Impulsive noise. "Impulsive noise" means either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200 millisecond pauses. Subp. 7. L10. "L10" means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. Subp. 8. L50. "L50" means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 20 Subp. 9. Municipality. "Municipality" means a county; a city; a town; a regional planning and development commission established under Minnesota Statutes, chapter 473; the metropolitan council; or other governmental subdivision of the state responsible by law for controlling or restricting land use within its jurisdiction. Subp. 10. Nighttime. "Nighttime" means those hours from 10:00 p.m. to 7:00 a.m. Subp. 11. Person. "Person" means any human being, any municipality or other governmental or political subdivision or other public department or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal representative of any of the foregoing, but does not include the agency. Subp. 12. Sound pressure level. "Sound pressure level", in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20 micronewtons per square meter. 7030.0030 NOISE CONTROL REQUIREMENT. No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use. 7030.0040 NOISE STANDARDS. Subpart 1. Scope. These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources. Subp. 2. Noise standards. Noise Area Classification Daytime Nighttime L10 L50 L10 L50 1 65 60 55 50 2 70 65 70 65 3 80 75 80 75 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 21 7030.0050 NOISE AREA CLASSIFICATION. Subpart 1. Applicability. The noise area classification is based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity unless an exception is applied under subpart 3. Subp. 2. Noise area classifications. The noise area classifications and the activities included in each classification are listed below: Noise Area Classification Land Use Activities 1 Household Units (includes farm houses) Transient lodging Group quarters Mobile home parks or courts Residential hotels Other residential Cultural activities and nature exhibitions Medical and other health services Correctional institutions Educational services Religious activities Motion picture production Entertainment assembly Resorts and group camps Camping and picnicking areas (designated) Other cultural, entertainment, and recreational activities. 2 Railroad terminals (passenger) Bus passenger terminals (intercity) Railroad terminals (passenger and freight) Bus passenger terminals (local) Rapid rail transit and street railway passenger terminals Bus passenger terminals (intercity and local) Other motor vehicle transportation Marine terminals (passenger) Airport and flying field terminals (passenger) Marine terminals (passenger and freight) Airport and flying field terminals (passenger and freight) Automobile parking Telegraph message centers Transportation services and arrangements Wholesale trade Retail trade -- apparel and accessories Retail trade -- building materials, hardware, and farm equipment Retail trade -- automotive, marine craft, aircraft, and accessories Retail trade -- general merchandise Retail trade -- furniture, home furnishings, and equipment Retail trade -- food Retail trade -- eating and drinking Other retail trade Finance, insurance, and real estate services A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 22 Personal services Repair services Business services Legal services Other professional services Contract construction services Governmental services (except correctional institutions) Miscellaneous services (except religious activities) Public assembly (except entertainment assembly and race tracks) Amusements (except fairgrounds and amusement parks) Recreational activities (except designated camping and picnicking areas) Parks. 3 Food and kindred products -- manufacturing Textile mill products -- manufacturing Apparel and other finished products made from fabrics, leather, and similar materials -- manufacturing Lumber and wood products (except furniture) -- manufacturing Furniture and fixtures -- manufacturing Printing, publishing, and allied industries Paper and allied products -- manufacturing Chemicals and allied products -- manufacturing Petroleum refining and related industries Primary metal industries Rubber and miscellaneous plastic products -- manufacturing Stone, clay, and glass products -- manufacturing Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks -- manufacturing Railroad, rapid transit, and street railway transportation (except passenger terminals) Miscellaneous manufacturing (except motion picture production) Fabricated metal products -- manufacturing Motor vehicle transportation (except passenger terminals) Aircraft transportation (except passenger terminals) Marine craft transportation (except passenger and freight terminals) Communication (except telegraph message centers) Highway and street right-of-way Utilities Race tracks Fairgrounds and amusement parks Agricultural Agricultural and related activities Fishing activities and related services Other transportation, communication, and utilities (except transportation services and arrangements) Forestry activities and related services (including commercial forest land, timber production, and other related activities) All other activities not otherwise listed. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 23 4 Undeveloped and unused land area (excluding non-commercial forest development) Non-commercial forest development Water areas Vacant floor area Under construction Other undeveloped land and water areas. Subp. 3. Exceptions. The noise area classification for a land use may be changed in the following ways if the applicable conditions are met. A. The daytime standards for noise area classification 1 shall be applied to noise area classification 1 during the nighttime if the land use activity does not include overnight lodging. B. The standards for a building in a noise area classification 2 shall be applied to a building in a noise area classification 1 if the following conditions are met: (1) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities C. The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 1 if the following conditions are met: (1) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 40 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities. D. The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 2 if the following conditions are met: (1) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities. 7030.0060 MEASUREMENT METHODOLOGY. Subpart 1. Measurement location. Measurement of sound must be made at or within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements shall be made outdoors. Subp. 2. Equipment specifications. All sound level measuring devices must meet Type O, I, II, or S specifications under American National Standards Institute S1.4- 1983. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 24 Subp. 3. Calibration. All sound level measuring devices must, at a minimum, be externally field calibrated before and after monitoring using a calibration device of known frequency and sound pressure level. Subp. 4. Measurement procedures. The following procedures must be used to obtain representative sound level measurements: A. Measurements must be made at least three feet off the ground or surface and away from natural or artificial structures which would prevent an accurate measurement. B. Measurements must be made using the A-weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S1.4-1983. C. Measurements must not be made in sustained winds or in precipitation which results in a difference of less than ten decibels between the background noise level and the noise source being measured. D. Measurements must be made using a microphone which is protected from ambient conditions which would prevent an accurate measurement. Subp. 5. Data documentation. A summary sheet for all sound level measurements shall be completed and signed by the person making the measurements. At a minimum, the summary sheet shall include: A. Date B. Time C. Location D. Noise source E. Wind speed and direction F. Temperature G. Humidity H. Make, model, and serial number of measuring equipment I. Field calibration results J. Monitored levels K. Site sketch indicating noise source, measurement location, directions, distances, and obstructions. 7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY. Subpart 1. Purpose. Sound level measurements made for assessing sound attenuation as specified in part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part. Subp. 2. Equipment. The equipment shall meet the requirements specified in part 7030.0060, subpart 2. Subp. 3. Calibration. The equipment must meet the calibration requirements specified in part 7030.0060, subpart 3. Subp. 4. Measurement procedure. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 25 The measurement procedure described in FHWA-DP-45-1R, section 8 must be used for determination of the sound attenuation. Subp. 5. Equivalent methods. Methods equivalent to those described in subpart 4 may be used provided they are approved by the commissioner of the Minnesota Pollution Control Agency. The commissioner shall approve an alternative method if the commissioner finds that the method will produce representative data and results which are as reliable as the methods specified in subpart 4. 7030.0080 VARIANCE. If, upon written application of the responsible person, the agency finds that by reason of exceptional circumstances strict conformity with any provisions of any noise rule would cause undue hardship, would be unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon the conditions and within the time limitations as it may prescribe for the prevention, control, or abatement of noise pollution in harmony with the intent of the state and any applicable federal laws. 7030.1000 DEFINITION. "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles. 7030.1010 PROHIBITIONS. Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 3. Modification of vehicle. No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified. Subp. 4. Sale of parts. No person shall sell or offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 26 contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle incorporating such parts. 7030.1020 SCOPE. This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding the enforcement of any other provision of law relating to motor vehicle exhaust noise. 7030.1030 EXCEPTIONS. Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein when performing acceleration maneuvers for safety purposes. 7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS. Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle. A. Speed limits greater than 35 mph. B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA. C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests on all-paved surfaces, add 2 dBA. D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1982. For stationary run-up tests on all-paved surfaces, add 2 dBA. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 27 7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES. A. For vehicles manufactured before January 1, 1975. B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975. C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1, 1975. 7030.1060 NOISE LIMITS FOR OTHER VEHICLES. Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle. Minn. Stat. § 86B WATERCRAFT OPERATION 86B.321 NOISE LIMITS. Subdivision 1. Operation in excess of noise limits prohibited. A person may not operate a motorboat under any condition of load, acceleration, or deceleration in a manner that exceeds the noise limits contained in subdivision 2. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 28 Subd. 2. Noise limits. (a) The noise limits for the total noise from the marine engine or motorboat may not exceed: (1) for marine engines or motorboats manufactured before January 1, 1982, a noise level of 84 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner in a pass-by test or 86 decibels on the A scale measured at idle in a stationary test at least four feet above the water and at least four feet behind the transom of the motorboat being tested; and (2) for marine engines or motorboats manufactured on or after January 1, 1982, a noise level of 82 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner in a pass-by test or 84 decibels on the A scale measured at idle in a stationary test at least four feet above the water and at least four feet behind the transom of the motorboat being tested. (b) The noise limits in paragraph (a) do not preclude enforcement of other laws relating to motorboat noise. The officer or deputy doing the testing shall determine which test or tests shall be used. Failure to pass either the pass-by or stationary idle test is a violation of this section. (c) Equivalent noise levels under paragraph (a) shall be specified by the commissioner by written order and published in the State Register. The noise level determinations are exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply. Subd. 3. Applicability. The provisions of this section do not apply to motorboats operating under a permit issued under section 86B.121 or a United States Coast Guard marine event permit in a regatta or race while on trial runs or while on official trials for speed records during the time and in the designated area authorized by the permit. 86B.521 MOTORBOAT NOISE CONTROL. Subdivision. 1. Exhaust muffling system required. A motor may not be used on a motorboat unless it is equipped with an efficient muffler, underwater exhaust, or other device that adequately muffles or suppresses the sound of the exhaust of the motor so as to prevent excessive or unusual noise. A motor may not be equipped with an altered muffler, muffler cutout, muffler bypass, or any other device designed or installed so that it can be used to continually or intermittently bypass any muffler or muffler system installed in the motorboat or to reduce or eliminate the effectiveness of such a muffler or muffler system. Subd. 2. Sale of motor that exceeds noise limits prohibited. A person may not sell or offer for sale a marine engine or motorboat that would exceed the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner if the motor is maintained according to the manufacturer's specifications. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 29 Subd. 3. Modification of engine to exceed noise limits prohibited. (a) A person may not modify a marine engine or motorboat in a manner that will amplify or increase the noise emitted by the marine engine or motorboat above the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner. (b) A person may not operate a motorboat with an engine modified to increase noise above the noise limits. Subd. 4. Sale of parts that cause excessive noise prohibited. (a) A person may not sell or offer for sale replacement or additional parts for a marine engine or motorboat which when installed in the marine engine or motorboat will amplify or increase the noise emitted by the marine engine or motorboat above the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner. (b) A person may not operate a motorboat incorporating parts prohibited to be sold under paragraph (a). Subd. 5. Applicability. The provisions of this section do not apply to motorboats operating under a permit issued under section 86B.121 or a United States Coast Guard marine event permit in a regatta, or race, while on trial runs, or while on official trials for speed records during the time and in the designated area authorized by the permit. Subd. 6. Rulemaking exemption. The test procedures under subdivisions 2, 3, and 4 shall be established by written order by the commissioner and published in the State Register. The establishment of test procedures is exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply. Minn. Stat. § 84.8 SNOWMOBILES 84.871 EQUIPMENT REQUIREMENTS. Subdivision. 1. Mufflers. Except as provided in this section, every snowmobile shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on (1) private lands, with the permission of the owner, lessee, or custodian of the land; (2) public lands and water under the jurisdiction of the commissioner of natural resources, with the commissioner's permission; or (3) other public lands, with the consent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snowmobile any muffler that fails to comply with the specifications required by the rules of the commissioner after the effective date of the rules. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 30 6100.5700 REQUIRED EQUIPMENT. Subp. 5. Mufflers. Mufflers: A. No person shall operate a snowmobile unless it is equipped with a muffler as required by law and these rules, except that snowmobiles may be operated in organized events as authorized by Minnesota Statutes, section 84.871, without such a muffler. B. No snowmobile manufactured on or after June 30, 1970, and before February 1, 1972, for sale in Minnesota, except snowmobiles designed for competition purposes only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits engine noise to not more than 86 decibels on the A scale at 50 feet. C. No snowmobile manufactured on or after February 1, 1972, for sale in Minnesota, except snowmobiles designed for competition purposes only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits engine noise to not more than 82 decibels on the A scale at 50 feet. D. No snowmobile manufactured on or after April 1, 1975, except a snowmobile designed for competition purposes only, shall be sold, offered for sale, or operated in Minnesota unless it is so equipped and has been certified by the manufacturer to conform to a sound level limitation of not more than 78 decibels on the A scale at 50 feet as originally equipped. E. In certifying that a new snowmobile complies with the noise limitation requirements of this rule, a manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice J192(a), as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September 1970 and revised November 1973. F. No snowmobile shall be sold or offered for sale in Minnesota unless its maker has previously furnished the commissioner with a certificate of compliance certifying that all snowmobiles made by that maker meet or exceed the applicable noise level restrictions established by these rules. The certification of compliance shall be in the form of a "Snowmobile Safety Certification Committee" label conspicuously attached to the machine showing certification by the Snowmobile Safety and Certification Committee, Inc., or a label showing compliance with Snowmobile Safety Certification Committee standards accompanied by a letter containing test results of an evaluation of noise levels by a competent independent testing laboratory. Snowmobiles intended for competition purposes only shall be exempt from this part provided a separate placard identifying that such snowmobile is not so equipped is conspicuously and permanently affixed thereto. G. Except for organized events as authorized by Minnesota Statutes, section 84.871, no snowmobile shall be modified by any person in any manner that shall amplify or otherwise increase total noise level above that emitted by the snowmobile as originally equipped, regardless of date of manufacture. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 31 Minn. Stat. § 87A. SHOOTING RANGES 87A.05 NOISE STANDARDS. Allowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level shall be measured outside of the range property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount of sound energy as the time varying sound level for a 60-minute time period. Minn. Rules § 6102, RECREATIONAL VEHICLES 6102.0002 DEFINITIONS. Subpart 1. Scope. For the purposes of parts 6102.0002 to 6102.0080, the terms defined in this part have the meanings given them. Subp. 2. ATV. "ATV" means an all-terrain vehicle. Subp. 3. Commissioner. "Commissioner" means the commissioner of Natural Resources. Subp. 4. Department. "Department" means the Department of Natural Resources. Subp. 5. OHM. "OHM" means an off-highway motorcycle. Subp. 6. ORV. "ORV" means an off-road vehicle. Subp. 7. Vehicle. "Vehicle" means an OHM, ORV, or ATV. 6102.0040 REQUIRED EQUIPMENT. Subp. 4. Mufflers. A. No person shall operate a vehicle unless it is equipped with a muffler having a spark arrestor approved by the United States Forest Service as described by Code of Federal Regulations, title 36, chapter II, section 261.52, paragraph (j). B. Vehicles shall not be sold, offered for sale, or operated in this state unless equipped so that overall noise emission does not exceed a sound level limitation of not more than 99 decibels on the A scale from a distance of 20 inches using test procedures and instrumentation as set forth in the Society of Automotive Engineers' Standard, SAE J1287, June 1988, or, if different procedures or instrumentation are used, a noise level equivalent to that level. C. No noise suppressing system or muffler shall be equipped with a cutout, bypass, or similar device and no person shall modify or alter that system or its operation in any manner which will amplify or increase the noise emitted by the vehicle's motor to exceed the noise limits established in this subpart, except for organized events as authorized by Minnesota Statutes, sections 84.795, subdivision 7; 84.804, subdivision 5; and 84.928, subdivision 5. WHAT IS FAR? Floor area ratio (FAR) is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area). FAR is an effective way to calculate the bulk or mass of building volume on a development site, and is often used in conjunction with other development standards such as building heights, lot coverage and lot area to encourage a community’s desired arrangement and form of development. In this context, higher FARs indicate greater building volume. PURPOSE AND ROLE IN PLANNING FAR is most often used to express development intensity of non-residential land uses, and integrated into a community’s zoning and other land development controls. FAR can be used to either limit the intensity of land use to lessen the environmental impacts of development or to control the mass and scale of development. In addition, by referencing characteristics for a given land use such as number of employees and number of vehicle or transit trips per square foot of building space, FARs can estimate the potential impact of a proposed development scenario. FAR is sometimes used as an analytical tool for projecting the impact of different land use and development intensity scenarios. HOW TO CALCULATE FAR Typically, FAR is calculated by dividing the gross floor area of a building(s) by the total buildable area of the piece of land upon which it is built. Your community may choose to measure floor area and land area differently based upon local standards, policies, and other conditions. However, to calculate FAR using gross floor area and buildable land area, take the following steps: STEP 1.Determine the total BUILDABLE LAND AREA, in terms of square feet, for the site. Buildable land area is that portion of a development site where construction can legally and reasonably occur – so public streets and rights-of way, wetlands and watercourses, and other constraints would not be included. Buildable Land Area (B) = (Parcel Width x Parcel Depth) – Square feet of undevelopable land (if applicable) STEP 2.Determine the FLOOR AREA of each story of the building. Calculate the area of each story (floor) of the building, typically measured between the exterior walls. Those portions of each story above the ground surface prior to any manipulation or grading are usually included in the calculation. STEP 3.Determine the GROSS FLOOR AREA of the Building. Gross floor area is the sum of the floor area of each story. Gross Floor Area (G) = Floor Area of 1st Story + Floor Area of 2nd Story… for all floors above the ground STEP 4.Calculate the FLOOR AREA RATIO. Divide the GROSS FLOOR AREA by the BUILDABLE LAND AREA. The result is the Floor Area Ratio (FAR). Floor Area Ratio (FAR) = (G)/(B) CALCULATING FLOOR AREA RATIO LOCAL PLANNING HANDBOOK Continue to next page June 2015 Metropolitan Council 390 Robert Street North Saint Paul, MN 55101 metrocouncil.org Main: 651.602.1000 TTY: 651.291.0904 Public Information: 651.602.1500 public.info@metc.state.mn.us LOCAL PLANNING HANDBOOK FAR ILLUSTRATED EXAMPLE: Calculating FAR A development company is planning to build a two-story building on a rectangular parcel that has 100 feet of street frontage and 200 feet of depth. The first story measures 50 feet by 200 feet, and the second story measures 50 feet by 200 feet. There are no public rights-of-way, or other exceptional development limitations on the parcel. Step 1. Determine the total BUILDABLE LAND AREA for the site. (B) = (Parcel Width x Parcel Depth) (B) = 100 ft. x 200 ft. (B) = 20,000 ft2 Step 2. Determine the FLOOR AREA of each story of the building. Story 1 Floor Area = 50 ft. x 200 ft. = 10,000 ft2 Story 2 Floor Area = 50 ft. x 200 ft. = 10,000 ft2 Step 3. Determine the GROSS FLOOR AREA of the Building. (G) = 10,000 ft2+ 10,000 ft2 = 20,000 ft2 Step 4. Calculate the FLOOR AREA RATIO. FAR = G/B FAR = 20,000 ft2 / 20,000 ft2 = 1.0 Figure 1. FAR Illustration (Image Credit: Julie Campoli, Visualizing Density) DATA CENTER EXAMPLES STREETVIEW MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: NOV., 2021 AERIAL MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 COUNCIL BLUFFS , IOWA DATA CENTER EXAMPLES STREETVIEW 1430 VETERANS MEMORIAL HIGHWAY MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: JULY, 2024 AERIAL | 1430 VETERANS MEMORIAL HIGHWAY MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 WEST DES MOINES , IOWA DATA CENTER EXAMPLES STREETVIEW 550 WHITE CRANE RD MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: JULY, 2024 AERIAL | 550 WHITE CRANE RD MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 WEST DES MOINES , IOWA DATA CENTER EXAMPLES AERIAL | 1497 SE MAFFITT LAKE CT MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 *STREETVIEW NOT AVAILABLE YET WEST DES MOINES , IOWA DATA CENTER EXAMPLES AERIAL | WACO ST. 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