Resident urges moratorium on New Albany building permits over erosion, mud and noise complaints

Tamara Davies of 8200 Central College Road told the council she is calling for a moratorium on building permits in New Albany, saying ongoing construction near her rural residential property has created traffic, mud, repeated after‑hours work, and erosion that has deposited sediment in her pond and pasture.

Davies said the site next door — she identified the developer as EPCON and said a 151‑home project on roughly 60 acres has been under construction for about 18 months — has repeatedly produced after‑hours activity, dust, mud tracked onto public roads, unremoved asphalt, and a porta‑potty placed on her property. She requested soil testing for fill that was placed near her property and said she had documented date‑stamped video evidence and emails to the city about violations. "My husband no longer feels safe riding his bike" because of traffic, she said, and she asked why the city requires police reports to pursue enforcement rather than relying on emailed complaints and documented video.

City staff and the city manager responded that the city has increased inspections, engaged additional environmental inspectors and engineering firms, and issued orders to contractors. Staff pointed to the city's SWIP (stormwater pollution prevention) review and said the measures were installed according to plan; the presenter noted an extraordinary rainfall event in May (9.16 inches total for the month, 4.59 inches over a short span) and said that the SWIP may not be designed for such extremes. Staff said they have asked developers to reevaluate and, where necessary, amend SWIP plans (for example to add wheel‑wash stations) and that enforcement actions such as stop‑work orders require documented citations tied to specific code sections to withstand legal scrutiny.

Davies pushed back, asking why residents were not told earlier that a police report is needed to initiate criminal citations for after‑hours work; city staff said criminal provisions have long been in the code and that the law director has advised the police be asked to document violations so the city can build a record to seek injunctive relief if needed. Council suggested Davies and other residents meet with staff to walk through incident documentation and enforcement options.

Davies also raised safety concerns about workers roofing during lightning and about cumulative noise and generator approvals for data centers; staff said inspections and code review occur across development and that some issues also involve state or federal agencies (OSHA, EPA) beyond the city’s direct permitting authority.

No moratorium motion was introduced at the meeting. Council and staff encouraged Davies to meet with planning and inspections staff so they can review her evidence and continue enforcement efforts. Staff said increased inspection staffing and the pass‑through contract model (costs borne by developers) allow ramping up enforcement resources without taxpayer cost.