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The NYC Department of Environmental Protection (DEP) has developed the Construction Noise Mitigation Plan to address noise concerns arising from construction activities. This form is essential for maintaining compliance with city regulations while ensuring that construction sites minimize their impact on surrounding communities. Key aspects of the form include the identification of the responsible party, the work site location, and contact information. It requires details about the construction schedule, including specific phases such as demolition, excavation, and finishing work. Additionally, the form outlines the types of construction devices to be used, emphasizing the need for quieter alternatives when available. There is also a section dedicated to noise mitigation barriers, which may be necessary depending on the equipment used and the proximity to nearby receptors. While it is not mandatory to file this document with the DEP, it must be readily accessible for inspectors on-site. Accurate completion of this form is crucial, as the responsible party is liable for its content and adherence to applicable rules. This proactive approach aims to balance construction needs with community well-being.

Similar forms

  • Construction Management Plan: Similar to the Noise Mitigation Plan, this document outlines strategies for managing construction activities, ensuring compliance with local regulations, and minimizing disruptions to the surrounding community.
  • Environmental Impact Statement (EIS): This document assesses the potential environmental effects of a proposed project, including noise pollution, and suggests measures to mitigate adverse impacts.
  • Site Safety Plan: This plan details safety measures and protocols for construction sites, including noise control strategies to protect workers and the public.
  • Traffic Control Plan: Like the Noise Mitigation Plan, this document addresses how construction activities will affect local traffic and outlines measures to minimize disruptions.
  • Air Quality Management Plan: This document focuses on strategies to manage air pollution during construction, which often includes noise mitigation as part of overall environmental compliance.
  • Stormwater Pollution Prevention Plan (SWPPP): This plan outlines measures to prevent stormwater pollution from construction sites, similar to how the Noise Mitigation Plan addresses noise pollution.
  • Construction Waste Management Plan: This document provides strategies for managing waste generated during construction, paralleling the Noise Mitigation Plan's focus on minimizing disturbances.
  • Permit Application Forms: These forms are required for various construction activities and often include sections addressing noise control measures, akin to those in the Noise Mitigation Plan.
  • Public Outreach Plan: This document outlines how a construction project will communicate with the community, including notifications about noise levels and mitigation strategies, similar to the objectives of the Noise Mitigation Plan.

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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

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

From

To

Estimated Depth of Excavation:

 

 

 

 

 

 

 

SOIL _______________ FEET + BEDROCK _______________ FEET = TOTAL

0

 

FEET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONSTRUCTION

Foundation

From

To

Pumping Operation:

 

If YES,

 

 

 

 

 

YES NO

 

NUMBER OF INDIVIDUAL TRUCKS __________________________ PER HOUR

Superstructure

From

To

Number of Floors / Stories:

Describe How

Flooring Will Be Laid:

 

 

 

 

 

 

CONCRETE PUMP PREFAB OTHER: __________________________________

 

 

 

 

Finishing

From

To

COMPLETED EXTERIOR BEFORE BEGINNING INTERIOR WORK

 

 

 

 

 

 

 

 

 

 

 

 

INTERIOR WORK BEFORE EXTERIOR WALLS / WINDOWS ARE IN.

 

 

 

 

Other

From

To

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

Demolition

Demolition

 

Demolition

Demolition

Demolition

Demolition

 

Demolition

Demolition

Demolition

Demolition

Excavation

Excavation

Excavation

 

Excavation

Excavation

Excavation

Excavation

 

Excavation

Excavation

Excavation

Excavation

Foundation

Foundation

Foundation

 

Foundation

Foundation

Foundation

Foundation

 

Foundation

Foundation

Foundation

Foundation

USED

Superstructure

Superstructure

Superstructure

 

Superstructure

Superstructure

Superstructure

Superstructure

 

Superstructure

Superstructure

Superstructure

Superstructure

Finishing

Finishing

Finishing

 

Finishing

Finishing

Finishing

Finishing

 

Finishing

Finishing

Finishing

Finishing

Other (Explain):

Other (Explain):

Other (Explain):

 

Other (Explain):

Other (Explain):

Other (Explain):

Other (Explain):

 

Other (Explain):

Other (Explain):

Other (Explain):

Other (Explain):

PHASE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAKE (s)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vibratory Pile

Quieter makes and

Quieter makes and

Blast Mats

Smaller Capacity

US Made European

Modern Hydraulic

 

 

 

 

 

 

 

 

Driver or Hydraulic

models as defined in

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

US Made European

 

 

 

 

DETAIL

102(a)(1)(B)(ii)

 

defined in

 

 

in 102(b)(1)(B)(iii)

102(c)(1)(B)(iii)

Environmental Label

 

 

 

 

 

Noise Bellows as

 

102(a)(3)(B)(iii)

 

 

Other (Explain):

Other (Explain):

equipment or equivalent

 

 

 

 

defined in

 

Other (Explain):

 

 

 

 

as defined in

 

 

 

 

 

102(a)(1)(B)(viii)

 

 

 

 

 

 

102(d)(B)(1)(iii)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other (Explain):

 

 

 

 

 

 

Other (Explain):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

PILE

JACKHAMMERS

HOE RAMS

BLASTING

VACUUM

 

DUMP

CRANES

CONCRETE

STREET

AUGER DRILL

BACKUP

DRIVERS

EXCAVATORS

 

TRUCKS

SAWS

PLATES

RIGS

ALARMS

 

 

 

 

 

 

 

Perimeter

Perimeter

 

Perimeter

Perimeter

Perimeter

Perimeter barrier/DOB

Perimeter

Perimeter

Perimeter

Perimeter

Perimeter

barrier/DOB

barrier/DOB

 

barrier/DOB

barrier/DOB

barrier/DOB

Construction Fence

barrier/DOB

barrier/DOB

barrier/DOB

barrier/DOB

barrier/DOB

Construction Fence

Construction Fence

Construction Fence

Construction Fence

Construction Fence

Temporary barrier

Construction Fence

Construction Fence

Construction Fence

Construction Fence

Construction Fence

Temporary barrier

Temporary barrier

Temporary barrier

Temporary barrier

Temporary barrier

Moveable barrier

Temporary barrier

Temporary barrier

Temporary barrier

Temporary barrier

Temporary barrier

Moveable barrier

Moveable barrier

Moveable barrier

Moveable barrier

Moveable barrier

 

 

Moveable barrier

Moveable barrier

Moveable barrier

Moveable 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

 

LabelID

Equipment Description

 

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

BUSINESS ADDRESS

CITY

STATE

ZIP

Page 3 of 3

Common mistakes

Completing the NYC Department of Environmental Protection (DEP) Noise Mitigation Plan form can be a straightforward process, but several common mistakes can lead to complications. One frequent error is failing to provide complete contact information for the responsible party. This includes not only the name but also the phone number and work site location. Incomplete contact details can hinder communication and delay the inspection process.

Another mistake is neglecting to specify the approximate distance to the closest receptor. This information is crucial for determining the potential impact of construction noise on nearby residents or businesses. Omitting this detail may result in non-compliance with noise regulations, which can lead to fines or additional requirements.

Many individuals also misinterpret the timeline for construction activities. It is essential to accurately fill in the start and end dates for each phase of construction, including demolition, excavation, and finishing work. Inaccurate dates can create confusion and may not align with the actual work schedule, complicating enforcement of noise regulations.

Additionally, some applicants fail to check all applicable boxes regarding construction devices. If a construction device is used but not listed, the requirement for noise mitigation barriers may not be triggered, potentially leading to noise complaints from the community. It is critical to thoroughly review the list of devices and ensure all relevant options are selected.

Another common oversight involves the section on noise mitigation barriers. Applicants sometimes mistakenly indicate that barriers are not required when they actually are, based on the devices being used. This can result in non-compliance with city regulations and may necessitate the installation of barriers after the fact, causing delays and additional costs.

Moreover, some individuals neglect to certify the accuracy of the information provided. The signature of the responsible party is essential for validating the document. Without this certification, the form may be deemed incomplete or invalid, leading to enforcement actions.

Lastly, failing to keep a copy of the most current version of the Noise Mitigation Plan can lead to using outdated information. It is vital to refer to the latest guidelines available on the DEP's website to ensure compliance with all current regulations and requirements.

More About Nyc Dep Noise Mitigation Plan

  1. What is the purpose of the NYC DEP Noise Mitigation Plan form?

    The NYC Department of Environmental Protection (DEP) Noise Mitigation Plan form is designed to help manage construction noise in New York City. While it does not need to be filed with the DEP, it must be posted at the construction site or made accessible to inspectors. This ensures that all parties involved are aware of the noise mitigation measures in place and can comply with local regulations.

  2. Who is responsible for the accuracy of the information provided in the form?

    The responsible party, as defined in Title 15 RCNY §28-109, is liable for the accuracy of the information in the Noise Mitigation Plan. This includes ensuring compliance with all applicable rules and regulations. It is crucial that the information, including work site details and construction timelines, is correct to avoid potential penalties or issues during inspections.

  3. What types of construction devices need to be listed on the form?

    The form requires a list of construction devices that will be used on-site. This includes equipment such as pile drivers, jackhammers, cranes, and vacuum excavators, among others. If specific devices are not checked off, the use of noise barriers may be mandated. The form also allows for additional devices to be listed, ensuring that all potential noise sources are accounted for.

  4. What are the requirements for noise mitigation barriers?

    If required, noise mitigation barriers must be utilized as outlined in §28-101(g) of Title 15 of the RCNY. The form allows for the selection of various types of barriers, including perimeter barriers, temporary barriers, and moveable barriers. The choice of barrier depends on the specific construction devices being used and whether noise complaints have been received. Proper barrier usage can significantly reduce noise impact on nearby residents and businesses.

Misconceptions

Misconceptions about the NYC DEP Noise Mitigation Plan Form

  1. Filing is mandatory. Many believe that the Noise Mitigation Plan must be filed with the DEP. In reality, it's only necessary to have it posted or accessible for inspectors.
  2. All construction noise is prohibited. Some think that any construction noise is unacceptable. However, the plan outlines specific hours and conditions under which construction can occur.
  3. Noise mitigation devices are optional. A common misconception is that using noise mitigation devices is at the contractor's discretion. In fact, if certain devices are used, barriers may be required unless complaints arise.
  4. Only large projects need a Noise Mitigation Plan. Many assume that only large-scale construction requires this plan. However, all construction projects must comply, regardless of size.
  5. The plan is only for residential areas. Some people think the plan only applies to residential neighborhoods. It actually applies to all areas where construction is taking place.
  6. There are no penalties for non-compliance. Some believe that failing to follow the plan has no consequences. In reality, the responsible party may face penalties for non-compliance.
  7. Noise complaints are not taken seriously. Many feel that noise complaints are ignored. However, the DEP actively investigates complaints and enforces noise regulations.
  8. Any construction device can be used without restrictions. Some think that all construction devices are permissible. Each device has specific regulations that must be followed to minimize noise.
  9. Once the plan is submitted, no further action is needed. A misconception is that submitting the plan is the final step. In fact, ongoing compliance and adjustments may be necessary throughout the construction process.

Key takeaways

Filling out the NYC DEP Noise Mitigation Plan form is a crucial step in ensuring compliance with noise regulations during construction activities. Here are some key takeaways to keep in mind:

  • Posting Requirement: While you don’t need to file the document with DEP, it must be posted on-site or made accessible to inspectors.
  • Accuracy is Key: The responsible party is liable for the accuracy of the information provided in the form.
  • Contact Information: Clearly include the name, phone number, and address of the responsible party to ensure effective communication.
  • Distance to Receptors: Indicate the approximate distance to the closest receptor, as this information is vital for noise assessment.
  • Construction Timeline: Specify the duration of various construction phases, from demolition to finishing work, to give a clear picture of the project timeline.
  • Device Selection: Check all applicable construction devices being used. This will determine if noise barriers are required.
  • Noise Mitigation Barriers: If necessary, indicate the type of noise mitigation barriers that will be utilized to minimize impact on the surrounding area.
  • Certification: Ensure that the form is signed and dated by the responsible party to validate the information provided.

By keeping these points in mind, you can navigate the Noise Mitigation Plan process with confidence and help maintain compliance with NYC regulations.

Nyc Dep Noise Mitigation Plan: Usage Guide

Filling out the NYC Department of Environmental Protection (DEP) Noise Mitigation Plan form is a crucial step for construction projects in New York City. This form helps ensure that construction activities comply with noise regulations and minimizes disturbances to the surrounding community. Following the steps below will guide you through the process of completing the form accurately.

  1. Obtain the Form: Access the latest version of the Noise Mitigation Plan form from the DEP's website.
  2. Contact Information: Fill in the name of the responsible party as defined in Title 15 RCNY §28-109.
  3. Work Site Location: Provide the complete address, including the zip code and borough.
  4. Contact Phone Number: Enter the phone number of the responsible party.
  5. Approximate Distance to Closest Receptor: Specify the distance in feet to the nearest receptor.
  6. Construction Timeline: Indicate the start and end dates for demolition, excavation, foundation, superstructure, finishing, and any other construction work.
  7. Normal Work Hours: State the normal work hours according to NYC Administrative Code §24-222.
  8. Permit Numbers: List the NYC Department of Transportation and Department of Buildings permit numbers.
  9. Construction Devices: Check all applicable boxes for construction devices that will be used at the site. Include any additional devices not listed.
  10. Noise Mitigation Barriers: Indicate whether perimeter barriers or other types of barriers will be used for each construction device.
  11. Certification: Sign and date the form, certifying that the information provided is accurate.
  12. Notary Public: Have the form notarized if required.

Once the form is completed, it should be posted at the construction site and made accessible to inspectors. Ensure that all information is accurate, as the responsible party is liable for compliance with applicable rules. Following these steps will help facilitate a smoother construction process while adhering to the city's noise regulations.