2006 New York Code - Snow Blowers.

 
    * §  24-243  Ambient  noise quality zones, criteria and standards. (a)
  Ambient noise quality zones.
    Ambient  noise  quality  zones  are  herein  defined  for  the  entire
  geographical  area  of  the  city  of  New  York  on  the basis of those
  conditions which affect ambient noise levels, including but not  limited
  to the following:
    (1) The use and activities permitted by the zoning regulations in such
  zones;
    (2)  The  intensity of sound levels produced by activities and devices
  in such zones;
    (3) The time at which such sound levels occur;
    (4) The duration of such sound levels;
    (5) The proximity of such activities and devices to buildings  and  to
  dwellings;
    (6)  Whether  the sound levels produced by such devices and activities
  are recurrent, intermittent, or constant; and
    (7) The density of habitation of such zones.
    Ambient noise quality zones are hereby  formulated  on  the  basis  of
  present existing land-use zones, as follows:
    (1) Ambient noise quality zone N-1:
    Ambient  noise  quality  zone  N-1  shall consist of those low-density
  residential areas R!.DL!.U presently designated as land-use  zones  R-1,
  R-2, and R-3.
    (2) Ambient noise quality zone N-2:
    Ambient  noise  quality zone N-2 shall consist of those higher-density
  residential areas R!.DH!.U presently designated as land-use  zones  R-4,
  R-5, R-6, R-7, R-8, R-9, and R-10.
    (3) Ambient noise quality zone N-3:
    Ambient  noise  quality  zone  N-3 shall consist of all commercial and
  industrial areas presently designated as land-use zones C-1,  C-2,  C-3,
  C-4, C-5, C-6, C-7, C-8, M-1, M-2, and M-3.
    (4) Other ambient noise quality zones:
    Should  other  land-use zones be established, including special zoning
  districts, the commissioner shall recommend  to  the  city  council  the
  appropriate ambient noise quality zones, criteria, and standards.
    (b)  Ambient  noise  quality  criteria  and  standards.  Ambient noise
  quality criteria and standards  are  herein  established  and  tabulated
  below  for  each of the three ambient noise quality zones that have been
  defined in subdivision (a) above.  Not  included  in  the  standard  are
  contributions  to  the sound level from natural sounds such as birds and
  thunder and sound sources outside the boundaries  of  the  noise  source
  such as public highways, vehicular traffic and overflying aircraft.
 
  ========================================================================
                                         Day-time          Night-time
                                         standards         standards
     Ambient noise quality zone         (7am-10pm)         (10pm-7am)
  ------------------------------------------------------------------------
     Noise quality zone N-1           L{eq} = 60 dB(A)   L{eq} = 50 dB(A)
     (Low density residential R{L};     measured for       measured for
     land-use zones R-1 to R-3)         any one hour       any one hour
  ------------------------------------------------------------------------
     Noise quality zone N-2           L{eq} = 65 dB(A)   L{eq} = 55 dB(A)
     (High density residential R{L}     measured for       measured for
     land-use zones R-4 to R-10)        any one hour       any one hour
  ------------------------------------------------------------------------
     Noise quality zone N-3           L{eq} = 70 dB(A)   L{eq} = 70 dB(A)
     (All commercial and manufac-       measured for       measured for


     turing land-use zones)             any one hour       any one hour
  ========================================================================
 
    (1)  These  criteria  and standards as set forth in this section shall
  apply to all stationary activities and to all mobile activities whenever
  they may be stationary, with the following exceptions:
    (i) Construction activities conforming  with  section  24-224  of  the
  code.
    (ii)  Devices,  vehicles, equipment and other noise producing items or
  circumstances for which provisions are set forth elsewhere in the code.
    (iii) Mechanical equipment conforming with section 27-770 of the code.
    (iv) Premises conforming with noise control performance  standards  as
  specified in the zoning resolution of the city of New York and set forth
  on a certificate of occupancy as issued by the department of buildings.
    (v)  Any  other  premise occupied in conformance with a certificate of
  occupancy as issued by the department of  buildings  prior  to  November
  eighteenth, nineteen hundred seventy-nine, provided, however, that in no
  event  shall  the  noise  levels exceed those allowable in a N-3 ambient
  noise quality zone or their present noise level whichever is less.
    (2) All new activities not exempt by paragraph one of subdivision b of
  this section shall fall under the jurisdiction of this  section  of  the
  noise   control   code   upon   November  eighteenth,  nineteen  hundred
  seventy-nine.
    (3) Three years from October nineteenth, nineteen hundred  eighty-two,
  all  activities  not  exempt  by  paragraph one of subdivision b of this
  section shall meet these specified noise criteria.
    (4) Activities not exempt by paragraph one of this  subdivision  in  a
  given  noise  quality zone shall not cause the sound levels in any lower
  noise quality zone to exceed the appropriate standards of section 24-243
  of the code for the lower noise zone.
    (5) All noise measurements shall be made at the property line  of  the
  impacted  site.  When  instrumentation  cannot be placed at the property
  line, the measurement shall be made as close thereto as  is  reasonable.
  However,  noise  measurements  shall not be made at a distance less than
  twenty-five feet from the edge of a noise source.
    (6) Where residential noise quality  zones  (N-1  and  N-2)  presently
  exhibit  noise  levels  lower than 55dB(A), no new activity in any zone,
  with the exception of new housing or new low occupancy  commercial  uses
  shall  be  permitted to increase the daytime hourly Leq above 55dB(A) or
  the nightime hourly Leq above 45dB(A), when measured at or  referred  to
  an impacted residential property line.
    (7)   All  new  limited-access  highways  hereinafter  constructed  or
  substantially reconstructed highways built in the city of New York  must
  be  designed  to  provide that the hourly equivalent noise levels at the
  property line of the nearest residence does not exceed 67dB(A).
    (8)  Commercial  district  noise  standards  shall  apply  to  legally
  occupied  mixed buildings used partly for residential use and partly for
  commercial or manufacturing uses between the hours of seven a. m. to ten
  p. m. No  one  shall  conduct  or  permit  to  be  conducted  activities
  associated with these commercial establishments that cause the Leq noise
  levels,  measured for any thirty minutes in the sleeping areas of nearby
  residences, to exceed 45dB(A) between ten p. m. and the following  seven
  a. m.
    (9)  The  ambient noise quality criteria and standards cited above are
  not presently adjusted for particular noise sources having pure tones or
  impulsive noise characteristics, such  as  jet  engine  whine  and  pile
  drivers,  respectively.  Such characteristics shall be considered in the


  development of allowable sound levels for sources, as  part  of  section
  24-244 of this code.
    (10)  Allowable sound levels to be promulgated under section 24-244 of
  this code shall  be  based  on  the  latest  economically  feasible  and
  available  technology for the abatement of noise produced by devices and
  activities within a referent ambient noise quality zone.
    (11) After the effective date of enactment of these  regulations,  the
  commissioner  shall  submit  a  supplementary report to the city council
  every two years that will (i) update the description of  existing  noise
  levels in New York City,
    (ii)  evaluate  the  continued  validity of maintaining the noise zone
  groupings as shown in subdivision (a) above,
    (iii) evaluate the practicality and the economic  impact  of  reducing
  existing  noise  levels,  based  on  applying the latest available noise
  abatement technology, and
    (iv) make specific recommendations for modifications that will  update
  and improve ambient noise quality criteria and standards.
    (12)  The  criteria  and  standards in this section shall not apply to
  noise emissions from safety devices or emergency equipment  required  to
  protect  or  to  service electric, gas, water, sewer, steam or telephone
  systems when these devices are  functioning  in  their  emergency  mode.
  Conditions  for  the  use  to  test  or exercise this equipment shall be
  subject to the approval of the commissioner. Should such devices operate
  so as to cause repetitive complaints the commissioner may  after  public
  hearing require compliance with this section.
    (c) Variances procedure.
    (1)  The  commissioner  may  grant  individual  variances  beyond  the
  limitations prescribed in these criteria and standards  whenever  it  is
  found,  upon presentation of adequate proof, that compliance with any of
  the provisions of these criteria and standards or with any regulation or
  order of the commissioner in respect thereto, would impose  unreasonable
  hardships or if the same is necessary in the interest of public welfare.
  In granting a variance the commissioner may impose such conditions as he
  or  she  may  determine  are  necessary  or  desirable  to carry out the
  policies of these criteria and standards.  The  text  of  such  variance
  shall  be  published in the City Record together with a statement of the
  facts and reasons therefor.
    (2) Any variance granted pursuant to this section shall be granted for
  such period of time as shall be specified by the  commissioner  in  such
  variance  and  upon  the  condition  that  the  person who receives such
  variance shall comply with all conditions thereof and  shall  make  such
  periodic  progress  reports  as  the  commissioner  shall  specify.  The
  duration of a variance may be limited by the commissioner as follows:
    (i) For short duration emergency conditions a variance for a period of
  up to one week shall be granted for all  situations  recognized  by  the
  commissioner  as  an  emergency.  However,  full  justification for such
  variance must be submitted within one week.
    (ii) For temporary conditions, or to conduct noise  impact  assessment
  tests  in  accordance  with  a  plan  submitted  to  and approved by the
  department, a variance for a period of up to six months may be granted.
    (iii) Any person seeking a variance shall do so by filing  a  petition
  in  a  form  acceptable  to  the  commissioner, and shall also submit an
  assessment of the noise impact to be caused by the  activity  for  which
  the variance is requested.
 
    (For Subscripted text and chart table see chapter 907 of the laws of
                                    1985)
    * NB Effective until July 1, 2007


    * §  24-243  Snow blowers. The provisions of this code shall not apply
  to the operation of a snow blower for  the  purpose  of  complying  with
  subdivision a of section 16-123 of the administrative code.
    * NB Effective July 1, 2007