§ 43-1461 Modification of Special Mixed Use Noise Requirements.
a. Definitions.
"CEQR Technical Manual" means the City Environmental Quality Review Technical Manual (May 2010), as amended.
"dBA" means a measure of sound as experienced by the human ear.
"Full build year" means the year of completion for the proposed action set forth in the Environmental Assessment Statement (EAS) or Environmental Impact Statement (EIS).
"Ldn" means the equivalent sound level for a 24-hour period with an additional 10 dB imposed on the equivalent sound levels for night time hours between 10:00 p.m. and 7:00 a.m.
"Leq(1)" means the equivalent continuous sound level that over a one-hour period has the same total energy as the actual fluctuating sound level over a one-hour period.
"L10(1)" means the stated sound level that is exceeded 10 percent of the time during a one-hour period. It is derived from Lx(t), where "x" is the percentage of time that the sound level has been exceeded and "t" is the total period of time that the sound has been recorded.
"Noise descriptor" means a continuous sound level measured during a noise monitoring test according to an approved noise monitoring protocol. Leq(1), L10(1) and Ldn are Noise descriptors.
"Noise monitoring protocol" means a document prepared by an acoustical specialist describing the conditions, locations, and Noise descriptors to be used in assessing existing noise levels during a continuous 24-hour period.
"Office" or "OER" shall mean the New York City Office of Environmental Remediation.
"Owner" shall mean the person, including his or her successors or assigns, who is the recorded title holder of a tax lot(s).
"Zoning action" means an action, such as a special permit, authorization, certification, or variance, pursuant to provisions of the Zoning Resolution.
"Zoning amendment" means a proposed amendment to the text or maps of the Zoning Resolution, subject to review and approval pursuant to Sections 197-c, 197-d and 200 of the Charter.
"Zoning Resolution" means the Zoning Resolution of the City of New York, effective December 15, 1961, as amended
b. Modification of Special Mixed Use Noise Requirements. Pursuant to the Zoning Resolution, the owner of a building located in a Special Mixed Use District may apply to OER for a modification of the noise requirements based upon new information, additional facts or updated standards. OER may modify such noise requirements, provided that such modifications are protective of both the public health and the environment.
1. The applicant must conduct (i) a 24-hour noise monitoring test of the lot to record in dBA the Leq(1), L10(1) and the Ldn Noise Descriptors; (ii) traffic counts; and (iii) a land use analysis.
2. The applicant must submit its Noise Monitoring Protocol to OER for review and approval before conducting any testing.
3. Where applicable, the Noise Descriptors must be projected to the Full Build Year of the relevant Zoning Amendment or Zoning Action, according to the same methodology used in the environmental review.
4. Following a 24-hour noise monitoring test, the applicant must submit to OER a report summarizing the results of the test and include in the report all documents generated by the 24-hour noise monitoring study.
5. OER will evaluate the test results based on the Special Mixed Use District requirements and the values and guidance found in the CEQR Technical Manual. If the results satisfy the CEQR Technical Manual, OER will agree to modify the required noise attenuation described in the Zoning Resolution.
6. If OER agrees to modify the noise requirements, OER will provide the department of buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or a temporary or final certificate of occupancy.
c. Fee for Modifying Special Mixed Use Noise Requirements. An applicant requesting that the Office modify the required noise attenuation in a special mixed use district pursuant to § 123-32 of the Zoning Resolution, or in another area where the Office is authorized to make such modification, must pay a fee of $1,050.
1. OER will conduct an initial review of an application and thereafter inform the applicant of the fee amount.
2. Each payment must be in the form of a personal, business or certified check or money order made payable to "New York City Department of Environmental Protection/Office of Environmental Remediation (DEP/OER)" and will be sent to the address provided on the Office's website (Attention: "Accounts Receivable"). The applicant must include the OER project number and/or project name on the certified check.
3. An applicant can request a meeting with OER regarding the required contents of the Noise Monitoring Protocol and any report required pursuant to this subchapter.
4. Upon receipt of a submission required pursuant to this subchapter, OER will review the submission and endeavor to provide written comments within thirty (30) days of receipt of the submission.
5. The applicant must submit all documents, plans, and reports in digital form and in a format established by OER.
6. If OER requests additional information or a revised submission, the applicant shall submit the requested information.
A. Revised submissions will be reviewed by OER as expeditiously as possible.
B. Upon receipt of all information requested, OER will endeavor to approve the document, modify the document, or issue comments on the submission within thirty (30) days.
7. If the applicant disagrees with OER's comments, the applicant must be given an opportunity to respond in writing, setting forth the applicant's position regarding any additional information.
8. Upon receipt and review of applicant submissions, OER will endeavor to issue a determination within thirty (30) days.
(Added City Record 5/4/2017, eff. 6/3/2017)
