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HomeMy WebLinkAbout02-21-2008 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Thursday, February 21, 2008 - 5:15 PM Work Session Iowa City City Hall Emma J. Harvat Hall 220 S. Gilbert Street AGENDA: A. Call to Order B. Discussion of draft Subdivision Regulations C. Adjournment Informal Formal City of Iowa City MEMORANDUM Date: February 15,2008 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Draft subdivision code At your meeting on Thursday we suggest that we continue to review the subdivision code section by section. We will keep track of those issues for which you would like more information or which you would like to have a more in depth discussion. So far, the list of discussion topics includes: · Connectivity standards · Highway noise buffer requirements · Lot size requirements for double- and triple-fronting lots · State Urban Design Standards and ADA standards for sidewalks Several of you specifically requested information regarding noise buffer standards along 1-80 and Highway 218. Although we may not reach that point in the draft in our discussion on Thursday, I've attached several excerpts from longer documents related to noise measurement techniques and standards established by the federal government for your review. Also included is a copy of the standards adopted by the City of Madison. When we get to the point in the draft when we are discussing the highway noise buffer requirements we will bring a map of the areas in Iowa City that would be affected. Let me know if you would like to have a copy of the longer documents from which these excerpts were taken. Ron Knoche, City Engineer, has agreed to attend a future meeting to answer questions that you might have related to public works standards. We will keep of list of your questions for Ron as we proceed through this initial review of the document. The Noise Guidebook A Reference Document for Implementing the Department of Housing and Urban Development's Noise Policy Prepared By The Environmental Planning Division, Office of Environment and Energy //( / The Dynamics of the Noise Problem There are basically two types of noise problems'. There Is the specific, job related, occupational noise problem created by extremely loud machinery. Then there Is the community noise problem where the combined effect of many Individual noise sources creates an overall noise level that Is unacceptable. In the following pages we will be addressing the community noise problem only. The main contributors to a community noise problem are transportation sources such as highways, railroads and airports. These sources are the most pervasive and continuing ofthe noise sources within the community. Of course, at any given site, there may be other noise sources which add to the problem, sources such as jackhammers at a construction site. But in general, and for the purposes of this section, the main concern Is with the transportation sources. The dynamics of a noise problem are based on the relationship between the noise source, the person or place exposed to the noise (hereafter called the receiver) and the path the noise will travel from source to receiver. The source generates a given amount of noise which travels along the path and arrives at the receiver. The amount of noise will be reduced to some extent as a result of how long that path Is or whether there are any barriers along the path. The severity of the impact on the receiver Is a function of what type of activity is taking place, whether It Is Indoors or outdoors, and what type of building It Is in If the activity Is Indoors. Figure 3 contains some basic compatibility guidelines. The Impact of the noise can be altered or mitigated by changing the characteristics of any of the three elements: source, path or receiver. Later on we will look at the various mitigation measures that are possible. Our concern however will be primarily with the receiver and the path. Control of the sources themselves Is the specific responsibility of agencies such as the Environmental Protection Agency (EPA) or the Federal Aviation Administration (FAA). Figure 2 Dynamics of a HoI.. Problem o 0 ) Source Path Receiver Figure 3 Land u.. Compatibility Guidelines LAND USE CATEGORY Residential - Single Family, Duplex, Mobile Homes Residential - Multiple Family, Dormitories, etc. Transient Lodging School Classrooms, Libraries, Churches Hospitals, Nursing Homes Auditoriums, Concert Halls, Music Shells Sports Arena, Outdoor Spectato,r Sports Playgrounds, Neighborhood Parks GolI Courses, Riding Stables, Water Rec., Cemeteries Olflce Buildings, Personal, Buslne.s and Professional Commercial - Retail, Movie Theaters" Restaurants Commercial - Wholesale, Some Retails, Ind., Mfg., UtII. Manufacturing, Communication (Noise Sensitive) Livestock Farming, Animal Breeding Agriculture (except livestock), Mining, Fishing Public Rlght.of.Way Extensive Natural Recreation Areas OLdn = NEF Value + 35 o B'........ .....,.............. ~ Clearly Acceptable Normally Acceptable :-:.:.:.: ......... Clearly Unacceptable 2 ') LAND USE INTERPRETATION FOR NEF VALUE' 20 30 40 50 65 75 85 Ldn VALUES Normally Unacceptable -r--- The ideal solution to a potential problem is to reduce the noise being produced by the source. The best solution available to HUD, or the community, however, Is to make sure that noise sensitive uses are located where they will not be exposed to high noise levels. The next best approach to mitigating noise Impact Is to attempt to reduce the amount of noise that reaches the receiver. This can be accomplished through the use of barriers such a.s walls or earthen berms, or combinations of both, along the noise path. If the use of barriers Is not possible then the only alternative available is to provide noise reduction measures In any structures associated with the activity so that at least the Interior spaces are not exposed to high noise levels. This approach is considered the least desirable because most of the land uses we are concerned about, such as residential, do have outdoor areas and activities associated with them which would remain exposed to high noise levels. A Note on Descriptors A key factor in the growth of our ability to evaluate and reduce noise impacts has been the development of better tools to measure and describe the noise levels generated by various sources. The development of better tools (called noise descriptors or metrics) has been particularly Important for dealing with community noise problems. Many of the older descriptor systems could only be used for one or two sources such as cars and railroads, but not airplanes. Since the community noise problem very often includes noise from all these sources the lack of an adequate descriptor made it difficult to do an adequate evaluation. The most advanced descriptor currently in general use is the day night average sound level system, abbreviated as DNL and symbolized mathematically as ldn. The day night average sound level is the 24 hour average sound level, expressed in decibels, obtained after the addition of a 10 decibel penalty for sound levels which occur at night between 10 PM and 7 AM. This nighttime penalty is based on the fact that many studies have shown that people are much more disturbed by noise at night than at any other time. This is not unusual in that background noise is often much less at night and also people tend to be doing very noise sensitive things at night, such as trying to sleep. Another feature of the DNL system that Is very Important Is that It can be used to describe noise from all sources. Thus, using the DNL system, we can describe the total noise exposure at a site, something many other descriptor systems couldn't do. The DNL system has been adopted by the EPA, the Department of Defense (000) and HUD, and more recently by the FAA, specifically for describing environmental Impacts for airport actions. We expect that very soon it will be in almost universal use In the U.S. Issues The main issues involved In any noise analysis can be summarized briefly. . How much noise Is a site exposed to . What types of activities are being affected and how severely . Is it reasonable to redesign the site to relocate noise sensitive activities . And, if not, how much protection can be provided through various attenuation measures. Your approach to these Issues will be affected In many ways by the location of the project In question. Projects in suburban or rural areas can be approached differently because the available mitigation options are greater and often the noise exposure Itself is not so severe. In urban situations, however, the noise exposure is often more severe but at the same time the options for mitigation or resltlng are more limited. In the urban setting Innovative design and the use of advanced attenuation measures becomes critical. Fortunately our experience has shown that good design and construction can relieve or substantially reduce major noise problems. 3 Legal Provisions General Legislation and Background The Federal legislation which addresses noise Issues is somewhat different from other environmental legislation. The Clean Air Act, for example, required the Environmental Protection Agency to set up actual mandatory standards for air quality which were supposed to be met by all jurisdictions. EPA even has the authority to take punitive steps against cities which are not making "reasonable further progress" towards achieving these air quality goals. There Is no similar legislation that covers noise. The approach has been to tackle the noise problem at the source by controlling the amount of noise that can be emitted by the Individual airplane engine or the individual jackhammer. Agencies like HUD or the Farmers Home Administration have developed ' regulations which are related to the overall community noise level, but they only affect their own programs and are not binding on local communities. The Veterans Administration program only relates to aircraft noise and also only affects Its own programs. The major pieces of Federal legislation related to noise include: The Noise Control Act of 1972 directed EPA to promote an environment for all Americans free from noise that jeopardizes their health and welfare. It also included a requirement for EPA to set a criterion for noise level adequate to protect health and welfare with an adequate margin of safety but without regard to cost or feasibility. Quiet Communities Act of 1978 amended The Noise Control Act of 1972 to encourage noise control programs at the State and community level. Federal Aid Highway Act of 1970 established the requirement that noise controi be a part of the planning and design of all federally aided highways. Aviation Safety and Noise Abatement Act of 1979 requires FAA to develOp a single system for measuring noise at airports and under certain conditions to prepare and publish noise maps. _:-~,!,j7~ t Evaluation of Impact HUD Regulations set forth the following exterior noise standards for new housing construction assisted or supported by the Department: 65l.-cjn or less - Acceptable Exceeding 65l.-cjn but not exceeding 75 l.-cjn - Normally Unacceptable - appropriate sound attenuation measures must be provided: 5 decibels attenuation above the attenuation provided by standard construction required In 65 l.-cjn to 70 l.-cjn zone; 10 decibels additional attenuation In 70 l.-cjn to 75 l.-cjn zone. Exceeding 75l.-cjn - Unacceptable HUD's regulations do not contain standards for Interior noise levels. Rather a goal of 45 decibels Is set forth and the attenuation requirements are geared towards achieving that goal. It Is assumed that with standard construction any building will provide sufficient attenuation so that if the exterior level Is 65l.-cjn or less, the Interior level will be 45l.-cjn or less. Once you have determined the ' overall noise exposure for the site you compare It to the above standards. If the overall site exposure is 65l.-cjn or less the project is acceptable. If the exposure is between 65 l.-cjn and 75 l.-cjn you should consider alternative locations or providing adequate attenuation with the first preference, as we've noted, being for the construction of some kind of barrier to prevent noise from reaching the site. If providing adequate attenuation is Impossible or Impractical then the project should be considered unacceptable. Suggested MItigation General Considerations As discussed briefly earlier, there are three basic approaches for mitigating the high noise exposures. The first and best Is to relocate noise sensitive uses out of the high noise area. The second Is to prevent noise from reaching the noise sensitive user through some sort of barrier. And the third, and least desirable approach, Is to provide attenuation for at least the Interiors of any buildings located In the high noise areas. Specific Considerations Relocating Noise Sensitive Use. By far the most desirable mitigation approach Is to relocate noise sensitive uses out of the high noise area although. If the site Is large enough It may be possible to locate non-noise sensitive uses between the source and the sensitive use, for example a parking lot might be located between a road and a park (see Figure 5). The workcharts In the Noise Assessment Guidelines can be used In reverse to tell you exactly how far away from the noise source you need to be. When sites are small,very dense or when the source affects the entire site It Is very difficult to mitigate by changing the site plan. Then the next option must be considered: erecting some type of barrier between the source and the receiver. Figure 5 The Audible Landscape In cluster development, open space can be placed near the highway to reduce noise Impacts on residences B.rrI.... Barriers are most effective for at or below ground level sources. They have no effect on noise from aircraft overflights and are limited In practical application with elevated sources such as elevated trains. The key to the effectiveness of a barrier Is whether or not It breaks the line of sight between the source and the receiver. If a barrier does not completely break the line of sight either because It Is not high enough, or not long enough then Its effectiveness is greatly reduced. Barriers can be actual walls, earthen mounds (called berms) or even other buildings. The use of other non-noise sensitive buildings as barriers Is a particularly good approach In that It need not add to the cost of the project and may not create the aesthetic problem a large wall might create (see Figure 6). Highway ~, A Figure 8 The Audible Llndacape Placement of noise compatible land uses near highway In Planned Unit D~velopment Figure 7 The Audible Llndscape Use of acoustical architectural design to reduce noise impacts on more noise sensitive living spaces Bedroom Bedroom L1vl ng Room . I;:::;:;:;:::;:::; 1{):~{rtI:j:~:jrrJ .....] ::;::::::::: ~ - ili~ I Den ~ Bath ilt.:.:::~:::.~:... Dining Room Highway -- ---- ---- -- - - - - ------ ------ 7 As pointed out earlier, the effectiveness of a barrier Is determined In large part by Its height and length. Some studies have shown that the effectiveness of a barrier can be reduced by as much as 50% If it Isn't long enough. Again, the Noise Assessment Guidelines contain procedures for determining the effectiveness of barriers. Incorporating Noise Attenuation Measures Into the Building If neither relocation or barriers Is a reasonable noise attenuation option, the last resort is to Incorporate noise attenuation measures into the buildings themselves. This Is not considered the best solution because It leaves the outdoor areas, some of which may be for quiet recreation, exposed to high noise levels. But If development must take place and barrler~.are Impossible, then the noise attenuation measures should be employed In building design and construction. Without going into great technical detail, noise attenuation construction measures generally fall into four categories. (1) Reducing the total area of windows or other acoustically weaker building elements (2) Sealing off "leaks" around windows, doors, vents. (3) Improving the actual sound attenuating properties of small building elements such as windows, doors, etc. (4) Improving the actual sound attenuating properties of major building elements such as roof and wall construction. In addition, noise attenuation in buildings can be provided by designing interior spaces so that "dead" spaces such as closets or corridors act as buffer zones (see Figure 7). And finally noise attenuation can be provided by reducing the need for open windows by providing air conditioning. Many of the steps that would be taken to provide noise attenuation also help conserve energy. Good weatherstripping around windows and doors is one example. Another might be reducing window areas in walls if the noise source is to the north or west. Because many of these measures serve two purposes, they should not necessarily be considered a burdensome requirement but rather just good design and construction. HIGHWAY TRAFFIC NOISE ANALYSIS AND ABATEMENT POLICY AND GUIDANCE by u.s. Department of Transportation Federal Highway Administration Office of Environment and Planning Noise and Air Quality Branch Washington, D.C. June 1995 INTRODUCTION Studies have shown that some of the most pervasive sources of noise in our environment today are those associated with transportation. Traffic noise tends to be a dominant noise source in our urban as well as rural environment. In response to the problems associated with traffic noise, the United States Code of Federal Regulations Part 772 (23 CFR 772), "Procedures for Abatement of Highway Traffic Noise and Construction Noise," establishes standards for mitigating highway traffic noise. The purpose of this document is to provide Federal Highway Administration (FHW A) policies and guidance for the analysis and abatement of highway traffic noise. A 3Y:z-day training course, sponsored by the National Highway Institute, is available for instructing FHW A field and State highway agency (SHA) staffs in the details ofthe policies and the technical procedures required for analyzing and abating traffic noise impacts. LEGISLATION Effective control of the undesirable effects of highway traffic noise requires that (I) land use near highways be controlled, (2) vehicles themselves be quieted, and (3) mitigation of noise be undertaken on individual highway projects. The first component is traditionally an area of local responsibility. The other components are the joint responsibility of private industry and of Federal, State, and local governments. Land Use Planning and Control The Federal Government has essentially no authority to regulate land use planning or the land development process. The FHW A and other Federal agencies encourage State and local governments to practice land use planning and control in the vicinity of highways. The FHW A advocates that local governments use their power to regulate land development in such a way that noise-sensitive land uses are either prohibited from being located adjacent to a highway, or that the developments are planned, designed, and constructed in such a way that noise impacts are minimized. Some State and local governments have enacted legislative statutes for land use planning and control. As an example, the State of California has legislation on highway noise and compatible land use development. This State legislation requires local governments to consider the adverse environmental effects of noise in their land . development process. In addition, the law gives local governments broad powers to pass ordinances relating to the use ofland, including among other things, the location, size, and use of buildings and open space. Wisconsin has a State law which requires formal adoption of a local resolution supporting the construction of a proposed noise barrier and documenting the existence of local land use controls to prevent the future need for noise barriers adjacent to freeways and expressways. Although some other States and local governments have similar laws, the entire issue of land use is extremely complicated with a vast array of competing considerations entering into any actual land use control decisions. For this reason, it is nearly impossible to measure the progress of using land use to control the effects of noise. 1 Source Control The Noise Control Act of 1972 gives the Federal Environmental Protection Agency (EP A) the authority to establish noise regulations to control major sources of noise, including transportation vehicles and construction equipment. In addition, this legislation requires EPA to issue noise emission standards for motor vehicles used in Interstate commerce (vehicles used to transport commodities across State boundaries) and requires the FHW A Office of Motor Carrier Safety (OMCS) to enforce these noise emission standards. . The EP A has established regulations which set emission level standards for newly manufactured medium and heavy trucks that have a gross vehicle weight rating (OVWR) of more than 4,525 kilograms and are capable of operating on a highway or street. Table 1 shows the maximum noise emission levels allowed by the EPA noise regulations for these vehicles. Table 1: Maximum Noise Emission Levels as Required by EPA for Newly Manufactured Trucks with GVWR Over 4,525 Kilograms Effective Date January 1, 1988 Maximum Noise Level 15 Meters from Centerline of Travel 80 dBA Using the Society of Automotive Engineers, Inc. (SAE), test procedure for acceleration under 56 kph For existing (in-use) medium and heavy trucks with a OVWR of more than 4,525 kilograms, the Federal government has authority to regulate the noise emission levels only for those that are engaged in interstate commerce. Regulation of all other in-use vehicles must be done by State or local governments. The EPA emission level standards for in-use medium and heavy trucks engaged in interstate commerce are shown in Table 2 and are enforced by the FHW A OMCS. Table 2: Maximum Noise Emission Levels as Required by EPA for In-Use Medium and Heavy Trucks with GVWR Over 4,525 Kilograms Engaged in Interstate Commerce Effective Date Speed Maximum Noise Level 15 Meters from Centerline of Travel January 8, 1986 < 56 kph 83 dBA January 8, 1986 > 56 kph 87 dBA January 8, 1986 Stationary 85 dBA Highway Project Noise Mitigation The National Environmental Policy Act (NEPA) of 1969 provides broad authority and responsibility for evaluating and mitigating adverse environmental effects including highway traffic noise. The NEP A directs the Federal government to use all practical means and measures to promote the general welfare and foster a healthy environment. A more important Federal legislation which specifically involves abatement of highway traffic noise is the Federal-Aid Highway Act of 1970. This law mandates FHW A to develop noise standards for mitigating highway traffic noise. 2 The law requires promulgation oftraffic noise-level criteria for various land use activities. The law further provides that FHW A not approve the plans and specifications for a federally aided highway project unless the project includes adequate noise a.batement measures to comply with the standards. The FHW A has developed and implemented regulations for the mitigation of highway traffic noise in federally-aided highway projects. The FHW A regulations for mitigation of highway traffic noise in the planning and design of federally aided highways are contained in 23 CFR 772. The regulations require the following during the planning and design of a highway project: (1) identification oftraffic noise impacts; (2) examination of potential mitigation measures; (3) the incorporation of reasonable and feasible noise mitigation measures into the highway project; and (4) coordination with local officials to provide helpful information on compatible land use planning and control. The regulations contain noise abatement criteria which represent the upper limit of acceptable highway traffic noise for different types of land uses and human activities. The regulations do not require that the abatement criteria be met in every instance. Rather, they require that every reasonable and feasible effort be made to provide noise mitigation when the criteria are approached or exceeded. Compliance with the noise regulations is a prerequisite for the granting of Federal-aid highway funds for construction or reconstruction ofa highway. NOISE FUNDAMENTALS As we all know, sound is created when an object moves; the rustling of leaves as the wind blows, the air passing through our vocal chords, the almost invisible movement of the speakers on a stereo. The movements cause vibrations of the molecules in air to move in waves like ripples on water. When the vibrations reach our ears, we hear what we call sound. Noise is defined as unwanted sound. Sound is produced by the vibration of sound pressure waves in the air. Sound pressure levels are used to measure the intensity of sound and are described in terms of decibels. The decibel (dB) is a logarithmic unit which expresses the ratio of the sound pressure level being measured to a standard reference level. Sound is composed of various frequencies, but the human ear does not respond to all frequencies. Frequencies to which the human ear does not respond must be filtered out when measuring highway noise levels. Sound-level meters are usually equipped with weighting circuits which filter out selected frequencies. It has been found that the A-scale on a sound-level meter best approximates the frequency response of the human ear. Sound pressure levels measured on the A-scale of a sound meter are abbreviated dBA. In addition to noise varying in frequency, noise intensity fluctuates with time. In the past few years, there has been a definite trend toward the use of the equivalent (energy-average) sound level as the descriptor of environmental noise in the U.S. The equivalent sound level is the steady- state, A-weighted sound level which contains the same amount of acoustic energy as the actual time-varying, A-weighted sound level over a specified period of time. If the time period is I hour, the descriptor is the hourly equivalent sound level, Leq(h), which is widely used by SHAs as a descriptor oftraffic noise. An additional descriptor, which is sometimes used, is the LIO' This is simply the A-weighted sound level that is exceeded 10 percent of the time. A few general relationships may be helpful at this time in understanding sound generation and propagation. First, as already mentioned above, decibels are logarithmic units. Consequently, sound levels cannot be added by ordinary arithmetic means. A chart for decibel addition is shown in Table 1. From this table it can be seen that the sound pressure level from two equal sources is 3 dB greater than the sound pressure level of just one source. Therefore, two trucks producing 90 dB each will combine to produce 93 dB, not 180 dB. In other words, a doubling of the noise source produces only a 3 dB increase in the sound pressure level. Studies have shown that this increase is barely detectable by the human ear. 3 Table 3: Decibel Changes, Loudness, and Energy Loss Sound Level Relative Loudness Acoustic Energy Loss Change OdBA Reference 0 -3 dBA Barely Perceptible Change 50% -5 dBA Readily Perceptible Change 67% -10 dBA Half as Loud 90% -20 dBA 1/4 as Loud 99% -30 dBA 1/8 as Loud 99.9% Table 4: Rules for Combining SQund Levels by "Decibel Addition" For noise levels known or desired to an accuracy or :tl decibel (acceptable for traffic noise analyses): When two decibel values differ by Add the following amount to the higher value OorldB 3 dB 20r3dB 2 dB 4t09dB 1 dB 10 dB or more o dB Secondly, an increase or decrease of 10 dB in the sound pressure level will be perceived by an observer to be a doubling or halving of the sound. For example, a sound at 70 dB will sound twice as loud as a sound at 60 dB. Finally, sound intensity decreases in proportion with the square of the distance from the source. Generally, sound levels for a point source will decrease by 6 dBA for each doubling of distance. Sound levels for a highway line source vary differently with distance, because sound pressure waves are propagated all along the line and overlap at the point of measurement. A long, closely spaced continuous line of vehicles along a roadway becomes a line source and produces a 3 dBA decrease in sound level for each doubling of distance. However, experimental evidence has shown that where sound from a highway propagates close to "soft" ground (e.g., plowed farmland, grass, crops, etc.), the most suitable dropoffrate to use is not 3 dBA but rather 4.5 dBA per distance doubling. This 4.5 dBA dropoffrate is usually used in traffic noise analyses. For the purpose of highway traffic noise analyses, motor vehicles fall into one of three categories: (I) automobiles - vehicles with two axles and four wheels, (2) medium trucks - vehicles with two axles and six wheels, and (3) heavy trucks - vehicles with three or more axles. The emission levels of all three vehicle types increase as a function of the logarithm of their speed. 4 The level of highway traffic noise depends on three things: (I) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of the traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater numbers of trucks. Vehicle noise is a combination of the noises produced by the engine, exhaust, and tires. The loudness of traffic noise can also be increased by defective mufflers or other faulty equipment on vehicles. Any condition (such as a steep incline) that causes heavy laboring of motor vehicle engines will also increase traffic noise levels. In addition, there are other, more complicated factors that affect the loudness oftraffic noise. For example, as a person moves away from a highway, traffic noise levels are reduced by distance, terrain, vegetation, and natural and manmade obstacles. Traffic noise is not usually a serious problem for people who live more than 150 meters from heavily traveled freeways or more than 30 to 60 meters from lightly traveled roads. FHWA NOISE REGULATIONS The current FHW A procedures for highway traffic noise analysis and abatement are contained in 23 CFR 772, "Procedures for Abatement of Highway Traffic Noise and Construction Noise." These procedures specifY the requirements that SHAs must meet when using Federal-aid funds for highway projects. This discussion will address those requirements and point out the most important issues related to the requirements. Each paragraph of23 CFR 772 will be presented in boldface type and followed by a discussion of that paragraph. Some parts are self-explanatory and need only a sentence or two of discussion . Other, more complicated paragraphs will have greater discussion. 772.1: PURPOSE. To provide procedures for noise studies and noise abatement measures to help protect the public health and welfare, to supply noise abatement criteria, and to establish requirements for information to be given to local officials for use in the planning and design of highways approved pursuant to Title 23, United States Code (U.S.c.). The protection of the public's health and welfare is an important responsibility that FHW A helps to accomplish during the planning and design ofa highway project. The U.S. Congress has directed that this be done when the 1970 Federal-Aid Highway Act was passed. Concerned citizens and States encouraged Congress to provide this protection. 772.3: NOISE STANDARDS. The highway traffic noise prediction requirements, noise analyses, noise abatement criteria, and requirements for informing local officials in this directive constitute the noise standards mandated by 23 U.S.C. 109(i). All highway projects which are developed in conformance with this directive shall be deemed to be in conformance with the Federal Highway Administration (FHW A) noise standards. This paragraph makes the whole 23 CFR 772 the FHW A noise standard. The standard is required by 23 US.C. 109(i). Some people mistake the noise abatement criteria for the FHW A standard. Early on, FHW A did not want to be restricted to specific noise levels that may not be achieved in most highway projects. So, a standard was developed that would best serve the public in terms of protection and reasonable cost. 772.5: DEFINITIONS a. Desil!:n Year - the future year used to estimate the probable traffic volume for which a highway is designed. A time, 10 to 20 years, from the start of construction is usually used. 5 b. Existinl! Noise Levels - the noise, resulting from the natural and mechanical sources and human activity, considered to be usually present in a particular area. c. ~10 - the sound level that is exceeded 10 percent of the time (the 90th percentile) for the period under consideration. d. ~10i!!2 - the hourly value of LJO' e. 1.q - the equivalent steady-state sound level which in a stated period of time contains the same acoustic energy as a time-varying sound level during the same period. f. 1.qi!!} - the hourly value of Leq. g. Traffic Noise Impacts - impacts which occur when the predicted traffic noise levels approach or exceed the noise abatement criteria (Table 5), or when the predicted traffic noise levels substantially exceed the existing noise levels. h. Tvpe I Proiects - a proposed Federal or Federal-aid highway project for the construction of a highway on new location or the physical alteration of an existing highway which significantly changes either the horizontal or vertical alignment or increases the number of thtough-traffic lanes. i. Tvpe II Proiects - a proposed Federal or Federal-aid highway for noise abatement on an existing highway. Most of these definitions are self-explanatory. However, the definition for "Traffic Noise Impacts" warrants further attention. A traffic noise impact occurs when the predicted levels approach or exceed the noise abatement criteria (NAC) or when predicted traffic noise levels substantiallv exceed the existing noise level, even though the predicted levels may not exceed the NAC. This definition reflects the FHW A position that traffic noise impacts can occur under either of two separate conditions: (1) when noise levels are unacceptably high (absolute level); or (2) when a proposed highway project will substantially increase the existing noise environment (substantial increase). In order to adequately assess the noise impact ofa proposed project, both criteria must be analyzed. While the FHWA noise regulations do not define "approach or exceed, all SHAs must establ1sh a definition of "approach" that is at least 1 dBA less than the NAC for use in identifYing traffic noise impacts in traffic noise analyses. 6 Table 5: Noise Abatement Criteria (NAC) Hourly A-Weighted Sound Level in Decibels (dBA)* Activity Leq(h) Lw(h) Description of Activity Category Category A 57 60 Lands on which serenity and quiet are of extraordinary significance (Exterior) (Exterior) and serve an important public need and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose. B 67 70 Picnic areas, recreation areas, playgrounds, active sports areas, (Exterior) (Exterior) parks, residences, motels, hotels, schools, churches, libraries, and hospitals. C 72 75 Developed lands, properties, or activities not included in Categories (Exterior) (Exterior) A or B above. D -- -- Undeveloped lands. E 52 55 Residences, motels, hotels, public meeting rooms, schools, (Interior) (Interior) churches, libraries, hospitals, and auditoriums. * Either Leq(h) or Lw(h) (but not both) may be used on a project. NOTE: These sound levels are only to be used to determine impact. These are the absolute levels where abatement must be considered. Noise abatement should be designed to achieve a substantial noise reduction - not the noise abatement criteria. In developing the NAC contained in the noise regulations, the FHW A attempted to strike a balance between that which is most desirable and that which is feasible. Factors such as technical feasibility, the unique characteristics of highway-generated noise, cost, overalI public interest, and other agency objectives were important elements in the process of setting a standard. Establishing values for the NAC was approached by attempting to balance the control of future increases in highway noise levels and the economic, physical, and aesthetic considerations related to noise abatement measures. Numerous approaches were considered in establishing the criteria, including (I) hearing impairment, (2) annoyance, sleep, and task interference or disturbance, and (3) interference with speech communication. The first deals in terms of very loud noises seldom encountered for a highway project beyond the roadway proper. The second approach was desirable in principle but was insufficiently researched to be useful in practice. However, the third approach - speech interference - was usefulIy applied to the problem of highway traffic noise. Thus, it should be remembered that the NAC are based upon noise levels associated with interference of speech communication and that the NAC are a compromise between noise levels that are desirable and those that are achievable. FHW A believes that our regulations provide a welI-balanced approach to the problem of highway-traffic-generated noise. The NAC are not magical numbers. Traffic noise impacts can occur below the NAC. The NAC should not be viewed as Federal standards or desirable noise levels; they should not be used as design goals for noise barrier construction. AII of the regulations contained in 23 CFR 772 constitute the standards mandated by the Federal-Aid Highway Act of 1970. Noise abatement should be designed to achieve a substantial noise reduction, which SHAs have defined in practice to be in the range of 5-1 0 dBA. The NAC should onlv be used as absolute values which, when approached or exceeded, require the consideration of traffic noise abatement measures. The 23 CFR 772 purposefully provides the SHAs with flexibility to establish their own definition of "substantial increase." A 10 dBA increase in noise levels is a doubling of the perceived loudness. A 15 dBA increase in noise levels represents more than a doubling of the loudness. Factors such as available resources, the public's attitudes 7 toward highway traffic noise, and the absolute noise levels may influence a State's definition. The FHW A will accept a well-reasoned definition that is uniformly and consistently applied. Several SHA definitions have evolved and are shown in Table 6. T bl 6 C't . U d b St t t D fi "s b t f I" a e : rJ erJa se 'Y a es 0 e me u s an la Increase (dB) Subjective Descriptor Criteria 1 0-5 Little increase 5-15 Some increase >15 Substantial increase Criteria 2 <10 Little increase >10 Substantial increase Criteria 3 0-5 No increase 5-10 Minor increase 10-15 Moderate increase >15 Substantial increase The use of subjective descriptors to describe traffic noise impacts is not required. Traffic noise impacts occur based upon the definition contained in 23 CFR 772. This definition does not contain subjective descriptors. Ifimpacts are identified, noise abatement measures must be considered and implemented if found to be reasonable and feasible. When analyzing the reasonableness of abatement, SHAs should consider the relationship between the absolute noise levels and the extent of the increase over existing noise levels for a given situation. A small increase at a higher absolute level (e.g., 70 dBA to 75 dB A) can be more important and justifY greater consideration than a similar increase at a lower absolute level (e.g, 50 dBA to 55 dBA). Likewise, a large increase at a lower absolute level (e.g., 40 dBA to 55 dBA) can be less important and justifY less consideration than a similar increase at a higher absolute level (e.g., 55 dBA to 70 dBA). 772.7: APPLICABILITY: a. Tvpe I Proiects. This directive applies to all Type I projects unless it is specifically indicated that a section applies only to Type II projects. b. Tvpe II Proiects. The development and implementation of Type II projects are not mandatory requirements of 23 U.S.C. l09(i) and are, therefore, not required by this directive. When Type II projects are proposed for Federal-aid highway participation at the option of the highway agency, the provisions of paragraphs 6, 8, and 11 of this directive shall apply. The regulation applies to all Type I and Type II projects. The implementation ofa Type II program is optional and not mandatory. 8 LivePublish Page 13 of 51 From Madison, WI municipal code other adopted Master Plan elements, including the Peripheral Area Development Plan. The permanent open space lands shall be accessible and open for use by the general public. The open space lands shall be exclusive from, and in addition to, lands required for dedication to comply with applicable public parks and open space dedication requirements and shall be provided at a ratio of two acres of permanent open space lands for every one acre of developed lands, including street rights of way. For the purpose of this provision, wetlands, flood plain lands, steep slopes, or other lands which are not developable because of sensitive environmental features shall not be counted as permanent open space lands in calculating the ratio of permanent open space lands provided versus developed lands. Steep slopes shall include lands which have grades of twenty percent (20%) or more. (d) Highway Noise Land Use 1. General a. No owner of any unplatted lands which is adjacent to any existing state or federal expressway or freeway and for which a preliminary plat approval was not granted prior to November 6, 1990, shall be granted final plat approval or shall commence or cause to be commenced construction of any structure, unless approved by the Director of the Department of Planning and Development or her/his designee. b. Prior to approval of any preliminary plat, final plat or commencement of construction of any structure, every application for approval shall be submitted in writing to the Department of Planning and Development by the owner of the land on which the structure is proposed to be constructed and shall contain the following information: i. Identification of the land on which the construction is proposed; ii. The section under which approval is requested; iii. Information and data supporting the claim that the appropriate requirements shall be met including specific enumerations that the Wisconsin Department of Transportation's Administrative Code TRANS 405 and the . Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, CFR, Chapter I, Subchapter J, Part 772, provisions shall be met and any other information which the Department of Planning and Development may require. http://livepublish.municode.com/20/1 pext.dll/lnfo base3 21 1 13 3eO/3 419?f=templates&fn=altm:.. J 4/1 12003 LivePublish Page 14 of 51 iv. Approval certificate from the Department of Transportation certifying that hourly traffic sound levels Leq(h) as hereinafter indicated, are within permissible levels or that appropriate sound attenuation measures are incorporated into the design and construction of any structures to satisfy the highway noise provisions within this ordinance. c. In addition to the requirements contained in subparagraph b. above, the application shall also contain the following information as well as any other information requested by the Director of Transportation bearing on the approval: i. The existing maximum hourly traffic sound level, Leq(h), for a representative sample of locations, measured in accordance with guidelines presented in "Sound Procedures for Measuring Highway Noise: Final Report", August 1981, U.S. Department of Transportation, Federal Highway Administration, Arlington, VA, or modeled according to a methodology consistent with the methodology in the FHWA Highway Traffic Noise Prediction Model (Report No. FHWA-RD-77-108); ii. The projected future Leq(h) at the site resulting from future traffic increases; and Hi. Where applicable, plans for sound attenuation measures on the site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these measures. 2. Construction Restrictions for Habitable and Institutional Structures. a. No new single family residential structure shall be approved for construction if any exterior hourly traffic sound level Leq(h) anywhere within a proposed outdoor living area is projected to be equal to or in excess of 67 dBA upon completion of the structure or anytime thereafter. b. No new multiple-family residence, dormitory, mobile home park, transient lodging, school, hospital, nursing home or similar structure, or substantial modification of such existing structure, shall be approved for construction if any exterior hourly traffic sound level, Leq(h), anywhere within a proposed outdoor living area on the site is projected to be equal to or in excess of 67 dBA upon completion of the structure or modification or anytime thereafter. c. Construction otherwise prohibited shall be allowed if there are no outdoor use areas on the site of the proposed structure projected to be exposed to an hourly traffic sound level, Leq(h), equal to or in excess of 67 dBA and provided that there is incorporated into the design and ~ http://livepublish.municode.com/20/1pext.dll/lnfobase3 2/1/3 3eO/3419?f=templates&fn=altm:.. J 4/112003 LivePublish Page 15 of 51 construction of the structure such sound attenuation measures as are necessary to reduce the maximum interior hourly traffic induced sound level, Leq(h), in a habitable room to 52 dBA upon completion of the structure or modification, or anytime thereafter. d. Prior to issuance of any building permit for any structure regulated pursuant to Subparagraph c. above, the owner of the structure shall submit to the Transportation Department, plans and specifications identifying the sound attenuation measures to be incorporated into the design and construction of the structure to meet the interior Leq(h) criteria. e. The Department of Transportation may conduct such inspections and measurements as are necessary to ensure the proper implementation of the sound attenuation measures proposed pursuant to Subparagraph d. above and to ascertain compliance with this provision. 3. Recreational Area a. No land shall be designated or approved for construction or used as a public or private exterior recreational area, including, but not limited to, children's playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts and swimming pools, if any exterior hourly traffic sound level, Leq(h), anywhere on the site of the proposed recreational areas is projected to be equal to or in excess of 67 dBA upon completion of the construction or designation of the site or anytime thereafter, except for the following: i. This section shall not apply to the designation or approval of any green belt or open space in any area in which the noise level exceeds the level specified in Subparagraph a. above regardless of whether such green belt or open space is open to public use, provided that no recreational improvement or facility is constructed thereon. ii. Designation or approval of exterior recreational area otherwise prohibited under Subparagraph a. above shall be allowed if the noise level specified in that subparagraph can be achieved by appropriate means of sound attenuation, such as berms, barriers, or buildings, at the perimeter of or elsewhere on the site. b. No new interior recreational facility, including, but not limited to, gymnasiums, ice or roller skating rinks, indoor swimming pools, and tennis courts, shall be approved for construction if the hourly traffic sound level, Leq(h), anywhere on the site is projected to be equal to or in excess of 67 dBA upon completion of the structure or anytime thereafter, unless there is incorporated into the http://livepublish.municode.com/20/1pext.dlllInfobase32/1/3 3eO/3419?f=templates&fn=altmc.. J 4/1/2003 LivePublish Page 16 of 51 design and construction of the structure such sound attenuation measures as are necessary to reduce the maximum hourly traffic induced sound level, Leq(h), to 52 dBA. (e) Remedies. Failure to comply with the requirements of this section shall invalidate purported transfers of titles at the option of the purchaser in accordance with provisions of Sec. 236.31(3) Wis. Stats. Building permits shall also be refused for construction on sites created in violation of these requirements. (f) Exceptions. The provisions of this ordinance insofar as it may apply to divisions of less than five (5) parcels, shall not apply to: 1. Transfers of interests in land by will or pursuant to court order. 2. Leases for a term not to exceed ten (10) years, mortgages or easements. 3. The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this ordinance, the Zoning Code, or other applicable laws or ordinances. 4. Leases or transfers of lands within an approved Planned Commercial Site. 5. Where Certified Survey Maps are prepared for exempted land divisions as enumerated in paragraphs 1-4 above, the Secretary of the Plan Commission or her/his designee, upon review, shall have the authority to sign an appropriate notation thereon that the Certified Survey Map is exempted from Plan Commission review pursuant to the applicable provision. (Cr. by Ord. 10,588,2-12-93) (g) Appeals to Circuit Court. Any person aggrieved by an objection to a plat or land division, condition of plat or land division approval or failure to approve a plat or land division may appeal from such action on a plat by the Common Councilor from such action on a land division by the Plan Commission acting under Sec. 16.23(3)(c) of the Madison General Ordinances, as provided in 62.23(7)(e)10 to 15, Wis. Stats., and authorized by Sec. 236.13(5), Wis. Stats. within thirty (30) days of notification of such final action by letter from the Secretary of the Plan Commission. (Am. by Ord. 10,981,9-14-94) (Sec. 16.23(3) Am. by Ord. 10,560, Adopted 12-15- (4) Summarized Procedure For Dividing Land Within The City Limits Or Its Extraterritorial Area. In planning and developing a subdivision or land division within the City of Madison or its extraterritorial area, the subdivider or his agent shall in every case follow one of the following procedures: (a) For ownerships of eighty (80) acres or 1. Pre-application conference, preliminary plat (entire parcel) and final plat (all or part of preliminary plat); or 2. Pre-application conference, comprehensive development plan (COP) on entire ownership, preliminary plat (first final plat area) and final plat (all or part of preliminary plat). (b) For ownerships of less than eighty (80) acres with five (5) lots or more to be platted in five (5) years or less: Pre-application conference, preliminary plat (entire parcel), final plat. (c) For ownerships of less than eighty (80) acres with less than http://livepublish.municode.com/20/1pext.dll/Infobase3 2/ 1 /3 3 eO/3419?f=templates&fn=altm... J 4/112003