(A) For noise-sensitive land uses exposed to noise from horns at grade crossings, consideration of noise mitigation is required when horn blowing from the introduction of new Metra service causes “severe impact”. In the special case of horn noise impact, mitigation will be based on State Commerce Commission (“ICC”) regulations, if applicable, or FRA preemptive regulations.
(B) The federal regulations, “Use of Locomotive Horns at Highway Rail Grade Crossings”, 49 C.F.R. part 222 and “Railroad Locomotive Safety Standards”, 49 C.F.R. § 229, preempt ICC authority to allow a whistle ban. The railroad, the municipality that contains the crossing and the roadway authority that maintains the roadway, if it is different than the municipality, must jointly request the FRA to approve a quiet zone.
(Ord. MET 02-25, passed 8-16-2002)