Int. No. 50-A
By Council Members Constantinides, Espinal, Adams, Diaz, Torres, Gjonaj, Chin, Menchaca, Rivera and Kallos
Title
A Local Law to amend the New York city noise control code, the administrative code of the city of New York and the New York city building code, in relation to small wind turbines
Body
Be it enacted by the Council as follows:
Section 1. Subchapter 5 of chapter 2 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-232.1 to read as follows:
? 24-232.1 Small wind turbines. No person shall cause or permit operation of a small wind turbine, as such term is defined in section 3113.2 of the New York city building code, so as to create a sound level in excess of 5 db(A) above the ambient sound level, as measured at the property line or at an elevated receptor of the property containing the nearest occupied building.
? 2. Chapter 3 of title 28 of the administrative code of the city of New York is amended by adding a new article 319 to read as follows:
ARTICLE 319
MAINTENANCE AND REMOVAL OF SMALL WIND TURBINES
? 28-319.1 Maintenance. The owner of a small wind turbine or small wind turbine tower, as such terms are defined in section 3113.2 of the New York city building code, shall maintain such turbine and tower in accordance with department rules.
? 28-319.2 Removal. The owner of a small wind turbine, as such term is defined in section 3113.2 of the New York city building code, shall remove such turbine when (i) the time elapsed since installation exceeds the manufacturer's suggested useful life of such turbine or (ii) such turbine has been continuously inoperable for 12 months or more, whichever occurs sooner, provided that the commissioner shall by rule establish a timeframe for removing small wind turbines that do not have manufacturer's suggested useful lives.
? 3. Chapter 31 of the New York city building code is amended by adding a new sectio...
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