§ 17-9. Construction of large public works transportation projects.

(a)

When a public transportation project that cannot reasonably be constructed within the noise limitations set forth in Chapter 17, is to be constructed and the project is one that substantially impacts vehicular or vessel traffic for a period of time that exceeds one hundred eighty (180) days, the city commission may determine that special circumstances exist and approve a noise management plan that establishes project-specific noise regulations, which will apply instead of the other regulations contained herein.

(b)

Consideration of an application for relief from the requirements of Chapter 17 of the Code of Ordinances of the City of Fort Lauderdale shall be initiated by filing an application for approval by the public entity wishing to construct the transportation improvement, with the city engineering division. An application shall include a noise management plan that shall include the following elements:

(1)

A conceptual site plan showing the size and location of all structures and infrastructure improvements to be constructed under the proposed project;

(2)

A legal description of the property where the project is occurring;

(3)

A description of the need for the public improvement;

(4)

A description of the economic and environmental impact on the area as a result of improvement;

(5)

A description of the noise regulation(s) from which relief is necessary in order to construct the improvement and a description of the proposed regulations that the project shall meet during construction;

(6)

A description of the anticipated noise impact of the construction on adjacent properties;

(7)

A description of how the noise management plan mitigates negative impacts that might occur;

(8)

A description of the continuous noise-monitoring program proposed for the construction period, which measure noise levels as well as makes an audio recording of the noise;

(9)

The results of a baseline ambient, A-weighted sound levels noise study, in the project area of continuous duration, at monitoring sites, said study to be previously approved by the city engineer;

(10)

A description outlining the resources of the applicant to monitor noise and implement the noise management plan, which shall include the identification of noise control officers; and

(11)

An estimate of the cost and time savings that will result from the adoption of the noise management plan.

(c)

The application shall be reviewed by the city department responsible for review of development permits for a determination that the application is complete and then forwarded when complete to the development review committee (DRC). After review and comments by the DRC, the application shall be forwarded to the city commission.

(d)

The city commission shall hold one (1) public hearing to consider a resolution approving the noise management plan and shall provide notice of hearing to owners of property within three hundred (300) feet of the boundaries of the public works transportation project. For purposes of notification, the owners shall be considered to be the names shown on the property appraiser's tax rolls as such are known by the city. Except as otherwise required by law, condominium, cooperative and time-share associations shall be notified as one entity and that entity shall be responsible for notifying individual owners or members of their association. The notice shall be mailed to the address shown at least ten (10) days before the date of the hearing.

(e)

The city commission may approve, or approve with conditions, the noise management plan based on the following findings:

(1)

There is a need for the public works transportation project and the project is of such large size and that its duration is for more than one hundred eighty (180) days such that special circumstances exist.

(2)

On-site improvements have been incorporated into the noise management plan that minimize the impact of construction noise.

(3)

The noise management plan represents a viable and cost-effective plan that balances the need for the public improvement to be constructed in a reasonable period of time versus the noise to be produced and hours of construction, which impact adjacent properties.

(4)

Off-site or on-site conditions exist that reduce the noise impact if any, and to the extent possible, the noise management plan utilizes those conditions.

(5)

That the noise management plan provides for the continuous monitoring of noise during the project construction period, the data from which shall be provided to the city by a direct, real-time, hook-up between city and applicant's computer system in a computer readable format, compatible with the city's noise monitoring system.

(f)

Any person involved with a public entity transportation construction project who has been convicted of violating any of the terms or conditions of an approved noise management plan, by a court of competent jurisdiction, may be cause for the city commission to revoke such public entity's noise management plan. Upon such a conviction, the city manager may place on the city commission agenda the matter of revoking the plan. After consideration of the matter and allowing representatives of the public entity to be heard, the city commission by resolution may revoke or place conditions upon the noise management plan. The factors to be considered by the city manager and the city commission shall include the number and seriousness of the specific noise management plan violations of which a person involved with the public entity's project has been convicted of violating, whether the penalty imposed pursuant to the conviction has been satisfied, whether the public entity has made modification to its operations to conform to the requirements of the noise management plan and based on the foregoing criteria, the danger to the health, safety, and welfare of the public due to continued operation by the public entity pursuant to its noise management plan.

( Ord. No. C-08-37, § 2, 7-15-08 )