Acoustical Society of America Fall 2017 Meeting
New Orleans, Louisiana
4-8 December 2017
INTERPRETING CONFLICTING NOISE ORDINANCES
IMPOSED UPON MERRIWEATHER POST PAVILION
S ES S I ON 1 A A A . I M PAC T OF ENTERTAI N MENT SOUND O N CO M MUNI TI ES
Phoenix Noise & Vibration
5216 Chairmans Court
Suite 107
Frederick, MD 21703
www.phoenixnv.com
Josh Curley
Senior Engineer
jcurley@phoenixnv.com
Scott Harvey, PE, INCE Bd. Cert.
Chief Engineer
sharvey@phoenixnv.com
Merriweather Post Pavilion
History
• Located in Columbia, Maryland (home of Scantek!).
• Columbia was designed as a planned community by James W. Rouse. Rouse was the builder of the
first enclosed shopping center (or “mall) and grandfather of actor Edward Norton. Rouse believed
that private developers could plan and build an environment that nurtured the growth of people.
• Merriweather Post Pavilion opened in 1967 as an outdoor concert venue located within Symphony
Woods, a 40-acre lot of preserved land.
• The amphitheater was designed by Frank Gehry and was originally intended to be a summer home
for the National Symphony Orchestra.
• Within the first few years, bands including Led Zeppelin, The Who, The Doors, Jimi Hendrix
performed at Merriweather, including a show in 1969 in which The Who and Led Zeppelin shared
the stage for the first and only time.
Merriweather Post Pavilion
Lawn
Stage
Merriweather Post Pavilion
Noise Ordinance
• In 2013, Merriweather petitioned state legislation to allow the concert venue to increase its
allowable noise level output. This new legislation allowed the following:
• Most concerts occur during evening/night hours and are supposed to be concluded by 11:00 PM;
however Merriweather does host multiple festivals in the spring, summer, and fall that are all day
and begin as early as 9:00 AM and have multiple stages.
• Other similar outdoor venues in Maryland and Virginia do not have noise ordinances specific to the
venue.
Location
Noise Limit From
9:00 AM to 11:00 PM
Noise Limit From
11:00 PM to 11:30 PM
¼-Mile Radius From Main Stage 95 dBA 55 dBA
Any Residential Property Line 72.5 dBA 55 dBA
Merriweather Post Pavilion
Noise Ordinance
• The closest current residence is approximately 1,400 feet from the main stage, such that there is no
existing conflict in the noise ordinance from a technical standpoint; however…
• Residential construction is currently planned in the next few years as close as 750 feet behind the
main stage.
• Once these residential buildings are occupied, how will the noise ordinance be applied if main stage
noise is greater than the 72.5 dBA allowance at residential buildings yet below the 95 dBA limit
within the 1/4-mile radius (1320 feet)?
• How will the likely complaints regarding audible low frequency noise inside the residences, which
are not addressed by the noise ordinance, be handled?
95 dBA ¼-Mile Radius
From Main Stage
Closest Existing
Residence
(72.5 dBA Limit)
95 dBA ¼-Mile Radius
From Main Stage
Closest Existing
Residence
(72.5 dBA Limit)
Approx. 750 feet
Which condition of the noise ordinance
takes precedence here?
- 95 dBA within ¼-mile of main stage?
- 72.5 dBA at a residential property?
Merriweather Post Pavilion
Noise Levels
• In August 2013, Phoenix Noise & Vibration measured noise levels from two concerts held at
Merriweather during the evening/night:
• Keith Urban
• The Killers
• Noise measurements were completed as part of an analysis for a new apartment building to be
constructed approximately 1,800 feet from the main stage.
B
C
Apartment
Building
Concert
Measured Noise Level (dBA) at:
Point B Point C
Keith Urban 65 to 71 80 to 87
The Killers 63 to 69 76 to 82
Merriweather
Main Stage
Point B was 25 feet
above the top floor
of a 3-story parking
garage.
Note that measured noise levels did not exceed the
newly enacted noise ordinance; however…
20.0
30.0
40.0
50.0
60.0
70.0
80.0
MEASURED NOISE LEVEL (DB)
FREQUENCY (HZ)
The Killers (66 dBA) Keith Urban (68 dBA)
Concert Frequency Spectrums at Point B
Insect Noise
Low Frequency Noise
Merriweather Post Pavilion
Noise Levels
• In August 2013, Phoenix Noise & Vibration measured noise levels from two concerts held at
Merriweather during the evening/night:
• Keith Urban
• The Killers
• Noise measurements were completed as part of an analysis for a new apartment building to be
constructed approximately 1,800 feet from the main stage.
• To address concert noise impact upon the apartment building, 38 STC windows and doors were
specified for the south and east building elevations (those facing the main stage). The design goal
was to maintain an average noise level of NC-35 within apartments over the course of a concert.
Result of the Noise Ordinance
• Since the 2013 noise ordinance was passed, Merriweather has received
numerous noise complaints due to concerts from citizen groups and
homeowners from as far as five miles away.
• Complaints state that the noise ordinance is being exceeded.
• Local officials maintain that, according to local police and health departments,
there have been no violations of the noise ordinance.
• Merriweather does have three permanent noise monitoring locations that are
supposedly used to check levels during events. Two are located on the
Merriweather grounds, the third is approximately a ¼-mile from the main stage.
Discussion
• What will happen once the residential and hotel buildings are built behind the stage?
• It is highly likely that noise levels will not exceed 95 dBA 750 feet behind the main stage,
thereby complying with the ¼-mile provision of the ordinance.
• It is possible that noise levels may exceed 72.5 dBA at these buildings, thereby exceeding the
residential provision of the ordinance.
• Even if concerts do not exceed 72.5 dBA at these future buildings, it is very likely that
concerts will be audible within the residential and hotel buildings.
• How will Merriweather and the local municipalities respond to the conflicting noise
ordinance?
• Will tenants of the apartment buildings sign away any right to complain about concert noise
when signing their lease? Will hotel occupants?
• Will apartment tenants only add support to the existing groups complaining to put pressure
on Merriweather to change the ordinance?
