§ 1-06.4 Application Referral.
RCNY § 1-06.4
In accordance with 2 RCNY § 1-10.6 and within three (3) business days after filing the application with the Board, the applicant must forward a copy of all application materials to the required individuals and entities as follows: (a) Appeal of Agency Final Determination: (1) Except as provided in paragraph (2) of this subdivision, applicants appealing agency final determinations must forward a copy of all application material to the administrative official who signed the determination which is the subject of the appeal. In addition, for applications that involve the interpretation of the Zoning Resolution, the applicant must forward all application material to the legal counsels of the Department of Buildings and the City Planning Commission. Any person or agency filing an appeal who is not the owner of the subject property must forward a copy of all application material to the owner of the subject property.
(2)For appeals involving facilities for manufacturing, handling, or storage of hazardous materials governed by the Fire Code sections listed in Appendix B, the applicant must forward a copy of all application material to: (i) the affected community board(s) (and borough board, if applicable); (ii) the affected borough president; (iii) the affected city council member; (iv) the Commissioner of Buildings; and (v) the Fire Commissioner.
(b)Waiver pursuant to the General City Law: The applicant must forward a copy of all application material to the Department of Buildings, the affected community board(s) (and borough board, if applicable), and the affected borough president. In addition, upon the applicant's filing of an application pursuant to GCL § 35, the executive director will forward a copy of the application to the Department of Transportation, the Department of Environmental Protection, and the Fire Department for review. Upon the applicant's filing of an application pursuant to GCL § 36, the executive director will forward a copy of the application to the Fire Department for review.
(c)Vested Rights: The applicant must forward a copy of all application material to the Department of Buildings, the affected community board(s) (and borough board, if applicable), the affected borough president, the affected city council member, and the City Planning Commission. Applications to renew building permits associated with vested rights applications previously granted by the Board are not subject to this requirement.
(d)Modification or Revocation of a Certificate of Occupancy: The applicant must forward a copy of all application material to the owner of the subject property.
(e)All Other Applications: All other applications on the A calendar not otherwise described in subdivisions (a) through (d) of 2 RCNY § 1-06.4 must follow the application referral procedures set forth in 2 RCNY § 1-06.4(a)(1). After forwarding all application material, the applicant must provide proof of service to the Board in accordance with 2 RCNY § 1-10.7. See Appendix A for a summary of all application referral requirements.
