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This bill would require noise mitigation plans for certain construction sites to be sent to nearby schools. Additionally, the bill would require the New York City Department of Environmental Protection to create a position responsible for: (1) reviewing noise mitigation plans with schools near construction sites to ensure that such schools are aware of the protections in place to mitigate the impact of noise; and (2) establishing a system to receive and respond to comments, questions and complaints with respect to the impact of construction noise on schools.

  • Introduced

History

City Council
Introduced by Council

Int. No.

 

By Council Members Rosenthal and Levine

 

A Local Law to amend the administrative code of the city of New York and the New York city charter, in relation to mitigating the impact of construction on schools

 

Be it enacted by the Council as follows:

 

                     Section 1. Subchapter 4 of chapter 2 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-221.1 to read as follows:

§ 24-221.1 Noise mitigation plans for construction near schools. Any person required to adopt a noise mitigation plan for a construction site within seventy-five feet of a school or schools pursuant to section 24-220 shall send such plan to such schools prior to commencement of construction at such site or, in the case of emergency work, as soon as practicable, but in no event later than three days after the commencement of construction at such site. In the event that such noise mitigation plan is amended or that an alternative noise mitigation plan is submitted and approved by the commissioner pursuant to section 24-221, such amended noise mitigation plan or alternative noise mitigation plan shall be sent to such school within three days of such amendment or approval.

§ 2. Chapter 57 of the New York city charter is amended by adding a new section 1405 to read as follows:

§ 1405 Construction noise near schools. a. The commissioner shall appoint a staff member dedicated to receiving and responding to comments, questions and complaints with respect to the impact of construction noise on schools. The duties of such staff member shall include, but not be limited to, the following:

1. if requested by a school, reviewing noise mitigation plans or approved alternative noise mitigation plans sent to schools pursuant to section 24-221.1 of the administrative code with the relevant employees of such school to ensure that such employees are aware of the protections in place to mitigate the impact of construction noise on such school; and

2. establishing a system to receive and respond to comments, questions and complaints with respect to the impact of construction noise on schools, including but not limited to, establishing and publicizing the availability of a telephone number to receive such comments, questions and complaints.

b. Posting of information. The department shall post on its website the phone number of the individual dedicated to mitigating the impact of construction noise on schools and a statement indicating that any person may contact such individual if such person has a comment, question or complaint regarding the impact of construction noise on schools.

§ 3. This local law takes effect 120 days after enactment, except that the commissioner of environmental protection may take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.

 

 

GP

LS 7110

5/4/2017 3:42 PM