§ 113.009 NOISE MITIGATION - IMPACTS.
   (A)   Noise levels in the impact range as defined in the FTA Manual will also require consideration and adoption of mitigation measures when reasonable.
   (B)   The following FTA factors will be taken into account in deciding what is reasonable:
      (1)   Increase over existing levels - if the impact is close to the severe impact threshold, then the need for mitigation is strong; if close to the lower boundary, then it is weak;
      (2)   Noise sensitivity of the property - FTA’s land use criteria depict the sensitivity;
      (3)   Effectiveness of the mitigation - practical noise reduction depends on the topography of the site, as well as the configuration of the receiving buildings;
      (4)   Combined effectiveness on shared rights-of-way - additional shielding of an existing noise problem would be encouraged;
      (5)   Community attitude - concerned communities with a desire for abatement are more likely to participate in a constructive mitigation program; and
      (6)   Special protection - historic areas and parks are protected by the DOT Act (49 U.S.C. § 303 (originally § 4(f) of the U.S. Department of Transportation Act of 1966)). Historic and archeological resources are protected by the National Historic Preservation Act of 1966, being 54 U.S.C. §§ 300101 et seq.). These agencies will be consulted and involved in a decision to include noise mitigation.
(Ord. MET 02-25, passed 8-16-2002)