(a) Setbacks from certain roads. Unless the Planning and Zoning Officer approves a reduced setback under subsection (b), residential development shall provide for a setback from the property line to the edge of the mainline pavement of certain roads, exclusive of ramps, as follows:
(1) 485 feet to I-97;
(2) 600 feet to I-695;
(3) 560 feet to US 50;
(4) 440 feet to MD 10;
(5) 455 feet to MD 100;
(6) 450 to MD 32;
(7) 445 feet to the Baltimore-Washington Parkway; and
(8) for residential development along MD 3 (Robert Crain Highway, south of I-97), the minimum setback from the property line to the edge of the mainline pavement shall be based on a noise study from an acoustical engineer. The noise study shall determine if the sound level of the outdoor activity areas is at, above, or below an average of 66 dBA. If the sound level is over 66 dBA, a setback of 150 feet from the property line to the edge of the mainline pavement shall be imposed, subject to the provisions of subsections (b) and (c).
(b) Reduction of required setback; noise study. A setback required under subsection (a) may be reduced if:
(1) the site plan is designed to place outdoor activity areas in rear yards that are shielded from highway noise by proposed dwelling units and dwelling units are clustered to minimize front yards or to contain parking areas; or
(2) the developer conducts a noise study using Federal Highway Administration prediction methods and the study reflects that the highway traffic sound level in outdoor activity areas is at or below 66 dBA or that noise mitigation measures will bring the highway traffic sound level to a level at or below 66 dBA in outdoor activity areas and 45 dBA in indoor residentially occupied building spaces with highway traffic sound levels at the exterior building facades that exceed 66 dBA.
(c) Noise mitigation measures. Outdoor noise mitigation measures provided by the developer shall be noted on the proposed record plat and shall be located in open space maintained by a homeowners association, community association, or council of condominium unit owners. In the absence of open space, the developer shall provide a noise mitigation maintenance easement to be recorded in the land records and noted on the proposed record plat. Required indoor noise mitigation measures shall be noted on the building architectural plans.
(Bill No. 59-10; Bill No. 101-18)