Herriman City Zoning Code
CHAPTER 10
19 HIGHWAY NOISE ABATEMENT
10-19-1 Purpose
This chapter is enacted for the purpose of promoting the health, safety and general welfare of the citizens of the city by minimizing the potential adverse effects of highway traffic noise and by complying with state and federal requirements for highway traffic noise abatement projects.
(Code 2023, § 10-19-1; Ord. No. 2017-54, 12-13-2017)
10-19-2 Scope
The provisions of this chapter shall apply to undeveloped lands in the city located adjacent to freeways and expressways.
(Code 2023, § 10-19-2; Ord. No. 2017-54, 12-13-2017)
10-19-3 Definitions
Certain words and phrases in this chapter are defined in HCC chapter 10-3.
(Code 2023, § 10-19-3; Ord. No. 2017-54, 12-13-2017)
10-19-4 Findings
- The Federal Highway Administration (FHWA) regulation, entitled "Procedures for Abatement of Highway Traffic Noise and Construction Noise" (23 CFR 772), provides procedures for noise studies and noise abatement measures to help protect the public health and welfare, supplies noise abatement criteria and establishes requirements for information to be given to local officials for use in the planning and design of federal aid highways. The Utah Department of Transportation (UDOT) policy entitled "Noise Abatement" (Policy No. 08-111), adopted pursuant to 23 CFR 772, addresses highway noise impacts and sets forth conditions under which noise abatement projects may be approved and constructed in the state with the use of federal aid highway participation funds.
- In order for UDOT to obtain participation funds from the FHWA for proposed federal aid highway projects for noise abatement measures on existing highways (known as "Type II projects"), 23 CFR 772.13(b) requires local authorities to take measures to exercise land use control over the remaining undeveloped lands adjacent to highways in the local jurisdiction to prevent further development of incompatible activities.
- In an effort to prevent future traffic noise impacts on currently undeveloped lands, 23 CFR 772.15 requires that highway agencies shall inform local officials within whose jurisdiction a highway project is located of the following:
- The best estimation of future noise levels (for various distances from the highway improvement) for both developed and undeveloped lands or properties in the immediate vicinity of the project;
- Information that may be useful to local communities to protect future land development from becoming incompatible with anticipated highway noise levels; and
- Eligibility for federal aid participation for Type II projects as described in 23 CFR 772.13(b).
- In order for residents of the city to benefit from the development and implementation of Type II projects for noise abatement along eligible highways within its boundaries, the city finds it is in the city's best interests to comply with federal regulation and state policy by adopting the ordinance from which this chapter is derived.
(Code 2023, § 10-19-4; Ord. No. 2017-54, 12-13-2017)
10-19-5 Development Adjacent To Certain State Highways
Consistent with the requirements of 23 CFR 772 and UDOT noise abatement Policy No. 08-111, no remaining undeveloped lands located in the city adjacent to Type II projects (freeways and expressways) shall be developed for any use or activity which is incompatible with highway traffic noise levels, unless the development of such lands shall include appropriate noise abatement measures determined necessary and appropriate by the city and UDOT. A use or activity shall be deemed incompatible with highway traffic noise levels when a traffic noise impact occurs, as determined under the formula set forth in chart 10-19-5 of this section.
CHART 10-19-5. NOISE ABATEMENT CRITERIA HOURLY A-WEIGHTED SOUND LEVEL-DECIBELS (DB)
Activity Category | Leq(H)* | Description of Activity Category |
A | 57 (exterior) | Lands on which serenity and quiet are of extraordinary significance 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 (exterior) | Picnic areas, fixed recreation areas, playgrounds, active sports areas, parks, residences, motels, hotels, schools, churches, libraries and hospitals |
C | 72 (exterior) | Cemeteries, commercial areas, industrial areas, office buildings, and other developed lands, properties or activities not included in categories A or B above |
D | - | Undeveloped lands (including roadside facilities and dispersed recreation) |
E | 52 (interior) | Residences, motels, hotels, public meeting rooms, schools, churches, libraries, hospitals and auditoriums |
*Leq shown are maximum levels allowed.
(Code 2023, § 10-19-5; Ord. No. 2017-54, 12-13-2017)
10-19-6 Responsibility Of Owner Or Developer
The owner or developer of land to be subdivided, improved, or developed adjacent to Type II projects shall be responsible to comply with any and all requirements for noise abatement measures imposed pursuant to the provisions of this chapter. Failure to so comply may be enforced as provided in HCC chapter 10-7.
(Code 2023, § 10-19-6; Ord. No. 2017-54, 12-13-2017)