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56 area. Some city ordinances, for example, are requiring such easements, and noise insulation. The noise zone is based notification when many residential developments face rail- on the LDN 65 noise contour (an average weighting of day roads. This type of ordinance is especially useful where a rail and nighttime noise), which was developed in its 1990 noise corridor is shared with freight-transportation-related ser- abatement plan update for the airport and was set as a delin- vices, which may be temporally shifted to nighttime usage to eated boundary at this juncture. The application of the noise facilitate the development of commuter rail. For example, in its zone is to all annexed areas located within the LDN 65 or higher zoning code addressing specific land uses, the City of Pasadena, noise contours that formed part of the annexation rezoning California, requires of the area. The ordinance requires that all new structures be constructed 1. Residents of an urban housing development project shall with sound insulation to achieve a day/night average interior be notified that they are living in an urban area and that noise level of 45 dBA. Garages, freight and warehouse, and the noise levels may be higher than in a typical residential manufacturing and production uses are exempt from this area. requirement. A registered acoustical engineer is required to 2. The signature of the residents shall confirm receipt and certify that the building plans comply with the performance understanding of this information. (City of Pasadena 2005c) standard for the sound installation before a building permit is issued. The Port of Portland is responsible (at owners' request) for the costs of the noise insulation certification. Specific Noise Abatement Within the LDN 65 noise contour, new residential uses are Design Criteria prohibited unless they are allowed by subsection 33.470.050. Anaheim, California's planning department created mitiga- If a site is divided by the contour, all dwelling units, accessory tion monitoring plans for specific TOD projects. For example, structures, and side and rear setbacks must be located entirely the Crossing at Anaheim had detailed planning specifications outside the noise contour. Within the LDN 65 noise contour, placed within the environmental report that were timed for residential development is prohibited from developing to a approval prior to project plan approval. These included, for density higher than that of an R10 zone. As part of the ordi- example, measures to make sure that (1) all residential units nance, prior to issuance of a building permit for new residential had weather-stripped solid core exterior doors and exterior construction or reconstruction, the owner must sign the city's wall/roof assemblies free of cut outs and openings, (2) all noise disclosure statement, which must be recorded in the windows of residential units were sound-rated assemblies with county records by the owner. a minimum sound transmission class rating of 35, and (3) all The airport influence overlay district in Arapahoe County, exterior walls had a sound transmission class rating of 46, with Colorado, also contains specific instructions regarding the stud spaces to be filled with insulation bats and joints caulked notification that must be provided to prospective property to form airtight seals (City of Anaheim, California 2006). purchasers. Such notification language should be utilized for Similar types of mitigation could become commonplace for prospective property purchasers close to freight corridors residential or other sensitive types of land uses (e.g., church, and facilities, with accompanying language inserted into a hospital, school, or library) that are built in close proximity freight influence overlay district or industrial overlay type of to freight corridors or facilities. district. Airport Influence Overlay Districts Summary Cities also implement noise restrictions, quite often as an Zoning activities are commonplace within the United States overlay zone, within their zoning code around airport facilities and already offer useful tools to reduce and mitigate conflicts, (which are often owned by local municipalities as a quasi- and help to provide for continued protection of vital freight governmental entity). Such types of noise restrictions also could corridors and facilities. However, the use of these specific be put in place by cities around freight facilities and corridors zoning tools is not yet implemented across the board. With that operate on a 24-hour basis or have extremely high volumes utilization of just the few types of zoning examples provided in of traffic, such as truck routes that serve a port or marine this chapter, cities and counties can reduce conflicts between terminal facility. the incompatible uses of freight activity and residences, schools, Portland, Oregon, has implemented an international airport hospitals, libraries, and other sensitive uses. Two main by- noise impact zone to reduce the impact of airport noise on products of this activity will also result, as follows: development within the impact area that surrounds the inter- national airport. The zone achieves this by reducing residential 1. Local jurisdictions will preserve these vital freight arterials density and requiring noise disclosure statements, noise and their freight facilities by preventing incompatible land

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57 uses from arising and by reducing residential/freight information (including design criteria) that can be found conflict. in the airport noise reduction programs funded by FAA. 2. Local jurisdictions will reduce the impacts that cause There are also many cities that have airport facilities that much community and individual distresses, such as noise have developed policies and procedures to notify residents and vibration, health impacts, and light pollution, as well and prospective buyers and lessees of their proximity as environmental justice issues that arise when minority and to an airport or flight path. Table 7-3 contains much of low-income communities are disproportionately affected this information, including suggested setback standards by freight activity. and permit and zoning considerations compiled by the research team. This information can be modified and used For municipalities looking for guidance on noise reduc- in conjunction with other types of freight operations and tion strategies and building codes, there is a large body of facilities.

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Table 7-3. Permit and zoning considerations. Setbacks for Minimum Lot Height Structure Noise and Vibration Buyer Other Property Depth (Feet) Restrictions Requirements Assessment and Notification Abutting for Property Mitigation about Freight Freight Facility Abutting Responsibility Activity Freight Facility Residential 250-500 feet or 1,000 Dependent on Achieve 50 dBA inside Developer Yes Entrances and exits X percent of noise/vibration unit (based on should not be sited near average lot assessment and HUD/EPA/FRA/FAA at-grade crossings, and depth depending whether mitigation noise guidance) and on entry/exit points of heavily on freight activity required because land uses--this is Land trafficked distribution and density. of freight density Use 2 (residence facilities, port facilities, and and activity. where people usually other terminals. sleep). Mixed Use 250-500 feet or 1,000 Achieve 55-60 dBA Developer Yes Entrances and exits X percent of inside unit; would be should not be sited near average lot lower if Land Use 2 is at-grade crossings and depth depending close to rail line. other heavily truck on freight activity trafficked areas. and density. Ensure that cross-dock facilities and turning radii for trucks to deliver to commercial components of the facility are sufficient.

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Residential Care 250-500 feet or 1,500 Land Use 2--up to 50 Developer Yes-- Entrances and exits, and Facility X percent of dBA to stay within a no- recommend that parking and pedestrian average lot impact area. incoming crossing areas, should not depth depending residents are be sited near at-grade on freight activity required to sign crossings, and other and density. notification letter. heavily used truck traffic crossing points. Hospital 250-500 feet or 2,500 Land Use 2--Up to 50 Developer Yes Entrances and exits, and X percent of dBA to stay w ithin a no- parking and pedestrian average lot impact area. crossing areas should not depth depending be sited near at-grade on freight activity crossings, and other and density. heavily used truck tra ffic crossing points. School 250-500 feet or 1,500 Land Use 3-- Developer Yes Entrances and exits, and X percent of Institutional use with parking and pedestrian average lot primarily anytime and crossing areas should not depth depending evening use up to 65 be sited near at-grade on freight activity dBA. crossings, and other and density. heavily used truck tra ffic crossings. Recommend fencing between school property and freight facility to discourage trespass. Source: Christensen Associates, UT-CTR, Pett, and Grow & Bruening.