109-37 Noise Attenuation

For any residential or commercial use in a development within Area B:

(a)        window wall attenuation of 35 dB(A) for residential uses or 30 dB(A) for commercial uses, shall be provided. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with its authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy; and

(b)        alternative means of ventilation shall be provided, such as, but not limited to, central air conditioning or the provision of air conditioning sleeves, with such alternative means to conform to the provisions of Sections 27-752 to 27-756 of the Building Code of the City of New York.