The NYC DEP Noise Mitigation Plan form serves as a crucial document for construction projects within New York City, guiding contractors and developers in adhering to the city's stringent noise control regulations. It outlines specific strategies and equipment usage designed to minimize noise pollution during construction activities, ensuring compliance with the Department of Environmental Protection's rules. While it's not necessary to file this document with the DEP, it must be accessible on-site for inspection and adhere to the outlined noise mitigation measures.
In bustling cities like New York, the harmonious blend of construction activities with daily life demands a crucial balance to maintain the city's vibrancy while ensuring the wellbeing of its residents. Addressing this need, the New York City Department of Environmental Protection (NYC DEP) has crafted a comprehensive directive, the Construction Noise Mitigation Plan. Updated in December 2011, this document serves as a detailed guide for construction sites, emphasizing the significance of mitigating noise pollution – a facet of urban life that often goes unchecked, yet significantly impacts community comfort and health. The plan outlines a spectrum of responsibilities for construction operators, from the details required for a responsible party to the specifics of noise mitigation equipment and barriers. Rather than filing this document with the DEP, construction sites are mandated to keep it readily accessible or displayed prominently to facilitate inspections. It ensures compliance through a systematic approach by specifying permitted work hours, listing construction devices with potential alternatives for noise reduction, and setting forth requirements for noise mitigation barriers. This strategic initiative not only underscores the city's commitment to environmental stewardship but also highlights a practical framework for balancing developmental aspirations with the imperative of maintaining a serene, noise-pollution-free urban environment.
THE CITY OF NEW YORK
Construction Noise Mitigation Plan
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Rev 04/2023
Bureau of Environmental Compliance
59-17 Junction Boulevard, 9th Floor, Flushing, New York 11373
Records Control (718) 595–3855
CONSTRUCTION NOISE MITIGATION PLAN
MUST PRINT AND POST ON WORKSITE
The responsible party shall be liable for the accuracy of the document and compliance with all applicable rules in Title 15 Rules of the City of New York - RCNY Chapter 28.
CONTACT INFORMATION
NAME OF RESPONSIBLE PARTY AS DEFINED IN TITLE 15 RCNY §28-109 EMAIL
PHONE NUMBER
WORK SITE ADDRESS
BUSINESS ADDRESS
CITY
STATE
ZIP
BOROUGH
BLOCK LOT
CONSTRUCTION INFORMATION
Approximate Distance to Closest Receptor (defined in Title 15 RCNY §28-109)
NORMAL WORK HOURS (AS DEFINED IN NYC ADMINISTRATIVE CODE §24-222)
Do you anticipate having to work at any time other than 7am to 6pm Monday to Friday?
A. ______________________ feet
YES NO
B. ______________________ feet
If YES, please fill out Construction Alternative Noise Mitigation form and explain what phase[s] do you
C. ______________________ feet
anticipate needing an After Hour Variance:
Demolition
Excavation
Foundation
D. ______________________ feet
Superstructure
Finishing
Other_________________________________________________________________
PHASES AND DURATION DATES
NYC DEP DEMOLITION REGISTRATION #
NYC DOT DEMOLITION PERMIT #
NYC DOB PERMIT NUMBERS
Demolition
From
To
WORK
DEMOLITION
PHASE
Excavation
Estimated Depth of Excavation:
SOIL _______________ FEET + BEDROCK _______________ FEET = TOTAL
0
FEET
CONSTRUCTION
Foundation
Pumping Operation:
If YES,
NUMBER OF INDIVIDUAL TRUCKS __________________________ PER HOUR
Superstructure
Number of Floors / Stories:
Describe How
Flooring Will Be Laid:
CONCRETE PUMP PREFAB OTHER: __________________________________
Finishing
COMPLETED EXTERIOR BEFORE BEGINNING INTERIOR WORK
INTERIOR WORK BEFORE EXTERIOR WALLS / WINDOWS ARE IN.
Other
Explain:
Page 1 of 3
CONSTRUCTION DEVICES
List of §102 construction devices to be used at the site. When the additional devices listed below each category are utilized, the use of barriers as set forth in section IV herein is not required unless the NYC Department of Environmental Protection receives complaints as set forth in §28-102(C) of Title 15 of the RCNY for each device. If however, the specific devices listed below each main category of devices are not checked, and you are using any of the main devices listed below, then the use of barriers set forth in Section IV herein shall be utilized. However, if you specified “other” in a category, you shall be required to utilize barriers as set forth in Section IV herein.
DEVICE
PILE
JACKHAMMERS
HOE RAMS
BLASTING
VACUUM
DUMP
CRANES
CONCRETE
SANDBLASTING
AUGER DRILL
OTHER
_____________:
DRIVERS
EXCAVATORS
TRUCKS
SAWS
EQUIPMENT
RIGS
FOR:
Demolition
Excavation
Foundation
USED
Superstructure
Finishing
Other (Explain):
MAKE (s)
Vibratory Pile
Quieter makes and
Blast Mats
Smaller Capacity
US Made European
Modern Hydraulic
Driver or Hydraulic
models as defined in
vac-truck as defined in
Environmental Label
Crane as defined in
Impact Pile Driver as
102(a)(2)(B)(i)
102(a)(3)(B)(i)
102(b)(1)(B)(i)
equipment or equivalent
102(d)(1)(B)(ii)
defined in
Other (Explain):
Noise Shroud as
Silencer as defined
as defined in
DETAIL
102(a)(1)(B)(ii)
in 102(b)(1)(B)(iii)
102(c)(1)(B)(iii)
Noise Bellows as
102(a)(3)(B)(iii)
102(a)(1)(B)(viii)
102(d)(B)(1)(iii)
FUEL TYPE
MAXIMUM NUMBER OF UNIT TO BE USED AT THE
SAME TIME:
ADDITIONAL CONSTRUCTION DEVICES
List of additional applicable construction devices to be used at the site:
GENERATORS
COMPRESSORS
STREET PLATES BACKUP ALARMS
PUMPS
HOIST
NOISE MITIGATION
Required to use Perimeter barrier /DOB construction fence or temporary/moveable barrier:
Noise Mitigation Barriers Utilized: If required as set forth in §28-101(g) of Title 15 of the RCNY.
YES
NO
STREET
BACKUP
PLATES
ALARMS
Perimeter
Perimeter barrier/DOB
barrier/DOB
Construction Fence
Temporary barrier
Moveable barrier
Page 2 of 3
CHECK ALL THAT APPLY
Please check all equipment that will be used on site. Review Rules for Citywide Construction Noise Mitigation Section 28-109. Certify that equipment has been sound tested and complies with Spec 721.560 Lmax @50 ft.
LabelID
Equipment Description
A
All Other Equipment > 5 HP
T
Excavator
AM
Refrigerator Unit
B
Auger Drill Rig
U
Flat Bed Truck
AN
Rivet Buster / Chipping Gun
C
Backhoe
V
Front End Loader
AO
Rock Drill
D
Bar Bender
W
Generator
AP
Roller
E
Blasting
X
Generator (<25KVA, VMS signs)
AQ
Sand Blasting
F
Boring Jack Power Unit
Y
Gradall
AR
Scrapper
G
Chain Saw
Z
Grader
AS
Shears (on backhoe)
H
Clam Shovel (dropping)
AA
Grapple (on backhoe)
AT
Slurry Plant
I
Compactor (ground)
AB
Horizontal Boring Hydr. Jack
AU
Slurry Trenching Machine
J
Compressor (air)
AC
Hydra Break Ram
AV
Soil Mix Drill Rig
K
Concrete Batch Plant
AD
Impact Pile Driver
AW
Tractor
L
Concrete Mixer Truck
AE
Jackhammer
AX
Vacuum Excavator (Vac-truck)
M
Concrete Pump Truck
AF
Man Lift
AY
Vacuum Street Sweeper
N
Concrete Saw
AG
Mounted Impact Hammer (hoe ram)
AZ
Ventilation Fan
O
Crane
AH
Pavement Scarafier
BA
Vibrating Hopper
P
Dozer
AI
Paver
BB
Vibratory Concrete Mixer
Q
Drill Rig Truck
AJ
Pickup Truck
BC
Vibratory Pile Driver
R
Drum Mixer
AK
Pneumatic Tools
BD
Warning Horn
S
Dump Truck
AL
Pumps
BE
Water Jet Deleading
BF
Welder / Torch
Note: DEP will utilize the Federal Highway Administration Roadway Construction Model as a means of identifying equipment either in Section II or III, that may be the cause of a noise complaint, see §28-101(a) of Title 15 of the RCNY for compliance options.
By checking this box, I certify that the information contained in this form is true and accurate.
NAME
COMPANY
DATE
Page 3 of 3
Filling out the NYC DEP Noise Mitigation Plan form is a crucial step in ensuring that construction projects comply with the city's noise control standards. This document helps manage and mitigate noise impacts on nearby receptors such as residents and businesses. Its completion and posting are necessary for the smooth running of construction operations, aiming to minimize noise-related complaints and enhance the quality of life for New Yorkers. Following a step-by-step guide will simplify the process and ensure that all requirements are met effectively.
After filling out the form meticulously, remember that it does not need to be filed with the DEP but must be posted or made easily accessible onsite. If it is not displayed, a contact sheet should be posted in a visible area to comply with regulations. Keeping the community informed and minimizing noise pollution will contribute to a more agreeable environment for everyone involved.
Do I need to file the NYC DEP Noise Mitigation Plan with the Department of Environmental Protection (DEP)?
No, it is not required to file this document with the DEP. However, it must be visibly posted on the construction site or made easily accessible to inspectors. If the document is not posted, a contact sheet containing pertinent information must be available on site.
Who is responsible for the accuracy of the NYC DEP Noise Mitigation Plan?
The responsible party, as defined in Title 15 of the Rules of the City of New York (RCNY) §28-109, is liable for the accuracy of the document. This includes all compliance with applicable rules within Title 15, ensuring that the noise mitigation strategies outlined in the plan are effectively implemented and followed throughout the construction project.
What should I do if specific construction devices listed on the form are used at the site?
If you are using any of the specific construction devices listed within each major category on the form (e.g., Pile Drivers, Jackhammers, Hoe Rams), the use of barriers as laid out in Section IV is not required unless the NYC Department of Environmental Protection receives complaints. However, if "other" devices within a category are utilized, you are then required to employ barriers as outlined in Section IV for noise mitigation.
What are the requirements if a noise complaint is received regarding equipment listed in the Noise Mitigation Plan?
If the NYC Department of Environmental Protection receives a complaint regarding noise from equipment listed in the plan, and the specific devices outlined under each device category are not checked, barriers as prescribed in Section IV must be implemented to mitigate noise. This means that even if initially not required, the receipt of complaints will necessitate additional noise mitigation measures to comply with regulations.
How do I certify that the information contained in the NYC DEP Noise Mitigation Plan is accurate?
A responsible party from the company undertaking the construction project must sign and date the form, thereby certifying that all information provided is accurate and true. This certification includes acknowledging responsibility for all listed construction activities, devices, and noise mitigation measures. It is important that this information is kept current and reflects the actual conditions and practices on the construction site.
Filling out the NYC DEP (Department of Environmental Protection) Noise Mitigation Plan form can be a daunting task, even for the most diligent of individuals or companies involved in construction activities. Let's dive into six common mistakes people make when tackling this document, ensuring you're better equipped to avoid them.
Not Using the Latest Version of the Form: The rules and requirements around noise mitigation can change. Always double-check that you're using the most current version of the form, which is available on the DEP’s website. Failing to do so can lead to non-compliance with current standards.
Overlooking the Requirement to Post the Document: While the document doesn't need to be filed with the DEP, it must be accessible or posted at the construction site. Not having it on display for inspectors can lead to unnecessary complications and penalties.
Inaccurate or Incomplete Contact Information: Providing thorough and accurate contact details is crucial. Incomplete or incorrect information not only hampers communication but also undermines the responsibility of managing noise effectively at the site.
Misidentifying the Closest Receptor: Accurately calculating and noting the distance to the nearest noise receptor (such as residential buildings, schools, or hospitals) is essential for the appropriate assessment and mitigation of noise impacts. An error here can cause an underestimation of the noise mitigation measures required.
Incorrectly Listing Construction Devices and Mitigation Barriers: Every piece of equipment and the corresponding noise mitigation measure (if any) must be correctly checked and listed. Omitting devices or barriers, or failing to specify 'other' equipment and the necessary noise barriers, can lead to non-compliance and potential fines.
Not Properly Certifying the Form: The form requires a signature from the responsible party, affirming the accuracy of the information provided. Skipping this step or not having the form notarized (if necessary) can invalidate the document, questioning the integrity of the noise mitigation plan.
Avoiding these mistakes not only ensures compliance with NYC's stringent noise regulations but also demonstrates a commitment to minimizing the impacts of construction noise on communities. With attention to detail and a thorough understanding of the requirements, navigating the NYC DEP Noise Mitigation Plan form can be manageable and straightforward.
When managing construction projects in New York City, adhering to noise regulations is paramount to ensure compliance and minimize impact on the surrounding community. The NYC DEP Noise Mitigation Plan form is a critical document in this process, helping to outline measures that will be taken to mitigate noise during construction. However, this form is often part of a broader set of documents required for comprehensive project planning and regulatory compliance. Below is a list of other forms and documents commonly used alongside the NYC DEP Noise Mitigation Plan form.
Together, these documents form a comprehensive framework for managing construction projects in a way that is considerate of environmental impacts, safety, and community well-being. By utilizing the NYC DEP Noise Mitigation Plan alongside these other forms and documents, project managers can ensure they are fully compliant with city regulations and proactive in minimizing construction noise.
The Environmental Assessment Form (EAF) offers a prime example of a document similar to the NYC DEP Noise Mitigation Plan. Used in the process of evaluating the environmental impacts of a project, the EAF requires detailed information about a proposed project's location, description, and potential environmental effects. Both forms serve a regulatory purpose, ensuring projects comply with specific environmental standards to minimize their adverse impacts on the community and surrounding environment.
A Construction Safety Plan, essential for outlining safety protocols and guidelines on a construction site, parallels the Noise Mitigation Plan. It focuses on preventing accidents and ensuring the safety of workers and the public by identifying hazards and specifying mitigation measures. Both documents aim at minimizing risks associated with construction activities, albeit with a different focus: one on noise and the other on safety.
The Community Right-to-Know Survey parallels the Noise Mitigation Plan in its purpose to inform and protect communities. This document requires businesses to report the storage and use of hazardous substances. Both documents enhance community welfare, albeit through different methodologies: one through noise management and the other through the management of hazardous substances, highlighting their dedication to public health and safety.
A Hazardous Waste Management Plan, which outlines how a facility manages hazardous waste from generation to disposal, shares similarities with the Noise Mitigation Plan. Both documents are proactive in approach, focusing on minimizing adverse effects on public health and the environment through careful planning and compliance with regulatory standards.
The Pollution Prevention Plan, aimed at reducing the amount of pollution a facility produces, echoes the rationale behind the Noise Mitigation Plan. While one focuses on minimizing noise pollution in urban environments, the other targets a broader range of environmental pollutants, with both aiming to implement proactive measures to protect the environment.
An Environmental Impact Statement (EIS) shares the comprehensive approach of the Noise Mitigation Plan. An EIS assesses the potential environmental effects of a planned project, requiring a detailed examination similar to how the Noise Mitigation Plan examines and addresses noise pollution. Both are integral in the planning stages of projects to mitigate negative environmental impacts.
Finally, the Site-Specific Safety Plan (SSSP) closely mirrors the mechanisms of the NYC DEP Noise Mitigation Plan. Developed for construction projects, an SSSP includes detailed safety and health guidelines specific to a job site. Like the Noise Mitigation Plan, it's designed to address potential hazards and outline specific mitigation strategies to protect workers and the public, focusing on creating a safe work environment.
When navigating the intricacies of the NYC DEP Noise Mitigation Plan form, ensuring accuracy and compliance is paramount. The guidelines provided here aim to streamline the process, highlighting the essential dos and don'ts that stakeholders should keep in mind.
Following these recommendations will facilitate a smoother approval process for your construction project, ensuring that all necessary precautions have been taken to mitigate noise in compliance with NYC regulations.
When it comes to managing construction noise in New York City, there are some common misconceptions about the NYC Department of Environmental Protection (DEP) Noise Mitigation Plan form. Understanding the facts can help ensure compliance and minimize noise impacts on communities. Here are nine common misconceptions and the truths behind them:
Correcting these misconceptions is key to successful noise management in construction projects. By adhering to the NYC DEP's guidelines, construction managers can minimize noise impacts and maintain good relations with the surrounding community while staying compliant with local laws.
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