§ 105-01 Requirements for the Approval of a Property Tax Abatement Application for the Installation of a Green Roof.
RCNY § 105-01
(a)Purpose and applicability. This section establishes the procedure for a property tax abatement application for a green roof as defined in Title 4-B of Article 4 of the New York State Real Property Tax Law (“Title 4-B”). A green roof shall not be eligible for a tax abatement pursuant to Title 4-B if the construction of any of the required elements of the green roof set forth in Title 4-B § 499-aaa(10), except § 499-aaa(10)(a), was commenced prior to August 5, 2008.
(b)Designated agency. For purposes of Title 4-B, the designated agency is the Department of Buildings (“Department”).
(c)Definitions. The terms used in this section have the same meanings as the terms defined in Title 4-B § 499-aaa. In addition, for purposes of this section, the following terms have the following meanings: (1) Applicant for property tax abatement. The applicant as defined in Title 4-B § 499-aaa, including such applicant’s successors-in-interest.
(2)Applicant of record. The registered design professional who files the application for installation with the Department.
(3)Application for installation. Construction documents filed with the Department for the installation of green roof space.
(4)Compliance period. The tax year, beginning July 1 and ending the following June 30, in which the green roof property tax abatement is taken.
(5)Green roof space. Such part of the eligible rooftop space that consists of a green roof.
(6)Property tax abatement application. The application, including certifications and agreements required by Title 4-B and this section, that is filed with the Department for a green roof property tax abatement in accordance with Title 4-B.
(7)Vegetation layer. The layer of a green roof required by Title 4-B § 499-aaa(10)(g) that, in accordance with generally accepted horticultural practice and as certified by an architect, engineer, New York State licensed and registered landscape architect or a horticulturist with a degree or certificate from an accredited training institute, consists of live plants such as sedum or equally drought resistant and hardy plant species, native plant species, and/or agricultural plant species spaced in such a manner that such plants will cover at least eighty (80) percent of such layer by the end of the compliance period.
(d)Codes. All work relating to the installation of a green roof must comply with the requirements of the New York City Construction Codes (“Construction Codes”) contained in of the Administrative Code (“”). All such work must also comply with the requirements of the New York City Electrical Code, the New York City Fire Code, the New York City Energy Conservation Code, the New York City Zoning Resolution and other applicable laws and rules.
(e)Application for installation of a green roof.
(1)Filing. All property tax abatement applications must be filed with an application for installation that includes an acknowledgement by the applicant of record that the final inspection must be performed by an approved agency in accordance with Administrative Code § 28-116.2.4.2.
(i)At the time of submission of the application for installation, the applicant of record must indicate on forms furnished by the Department that such application will be the subject of a property tax abatement application.
(ii)The application for installation must include, but not be limited to, the following construction documents and information: (A) Roof plan showing eligible rooftop space and green roof space and providing the net square footage of each. The plan must demonstrate that the green roof does not obstruct access for both firefighting, in accordance with Section 504 of the New York City Fire Code, and maintenance of all roof equipment. (B) Proof, including but not limited to drawings, details and documentation, demonstrating that the green roof meets the definition set forth in Title 4-B § 499-aaa(10), as well as the requirements in applicable provisions of the codes listed in subdivision (d) of this section. Proof must indicate the depth of the growth medium. (C) Design and construction drawings reflecting construction work necessary to enable the building, its structure, the roof structure with the green roof, together with any other existing or added rooftop structures and/or equipment, the roof covering and roof drainage systems to comply with the codes enumerated in subdivision (d) of this section and other requirements set forth in this section and/or Title 4-B. The weight of the green roof shall be considered a superimposed dead load. The design shall consider the green roof in saturated condition. (D) The construction documents required by clauses (A), (B) and (C) of this subparagraph shall not be necessary for an application for a green roof installation of a depth of four inches or less where a structural analysis of the existing building has been performed establishing that such building can, without modification, sustain the load of the green roof in a fully saturated condition in a manner that complies with the codes enumerated in subdivision (d) of this section, provided the applicant of record certifies that the construction work reflected in the application for installation complies with such codes and other requirements set forth in this section and Title 4-B and that the analyses reflected in the requirements of clauses (A), (B) and (C) of this subparagraph have been performed. In making such certifications, the weight of the green roof shall be considered a superimposed dead load. The design shall consider the green roof in saturated condition. Where, in accordance with the provisions of this subdivision, construction documents required by clauses (A), (B) and (C) of this subparagraph are not submitted to the Department, the applicant of record shall perform the inspections for the installation required by paragraph (4) of subdivision (e) and paragraph (1) of subdivision (f) of this section.
(f)Property tax abatement application.
(iii)The maintenance plan must identify any problems that may be encountered, describe corrective measures for each such problem and identify when and how often such corrective measures are required in order to maintain the green roof in continuous compliance.
(iv)The individual who prepared the maintenance plan must certify, either on the property tax abatement application, if such individual is a registered design professional, or in a report provided to the registered design professional filing the property tax abatement application, if such individual is a New York State licensed and registered landscape architect or a horticulturist with a degree or certificate from an accredited training institute, that the maintenance plan complies with this section and that he or she has provided the maintenance plan to the applicant for property tax abatement. Such maintenance plan must be provided to the Department upon request.
(g)Compliance period.
(h)Revocation.
