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What is NYC RCNY § 12-01?

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(a) Introduction. The Commission may develop master plans for the historic district, specific types of buildings within a historic district, distinctive areas within the historic district or for landmark sites containing multiple buildings.

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Effective: 8/19/2023Last amended: 8/19/2023

§ 12-01 District Master Plans.

RCNY § 12-01

(a)Introduction. The Commission may develop master plans for the historic district, specific types of buildings within a historic district, distinctive areas within the historic district or for landmark sites containing multiple buildings. A district master plan may address common design issues such as storefront design, signage, sidewalk and areaway alterations as well as set forth specific alterations for individual buildings in an historic district or on a landmark site in a comprehensive manner that respects the significant architectural features and particular history of the historic district with allowances for specific building conditions. A district master plan may serve as a research tool or design guide for owners or tenants who wish to make alterations to their buildings. Upon the adoption of implementation rules as set forth in this rule, Commission staff can also issue a Certificate of No Effect ("CNE") or a Permit for Minor Work ("PMW") for certain types of alterations or work set forth in the district master plan. A District Master Plan does not preclude the Commission's consideration and approval of applications for proposed work that is not in compliance with the District Master Plan.

(b)District Master Plans. Upon its own motion, the Commission may consider a master plan for alterations in a specific historic district, an individual landmark site containing multiple buildings or with respect to certain types of buildings or types of work in a specific historic district ("District Master Plan"). A District Master Plan may be approved by a Certificate of Appropriateness, a Certificate of No Effect on Protected Architectural Features, or a Permit for Minor Work, depending on the work covered by the plan.

(c)Calendaring. A District Master Plan will not be scheduled for the Commission's consideration unless the Commission, in its discretion and upon the adoption of a motion, votes to calendar the District Master Plan for a public hearing. A motion to calendar a proposed District Master Plan for further consideration must be approved by the majority of Commissioners present in order to be adopted. The date of the public hearing on the proposed District Master Plan may be set by the motion to calendar or may be set at some later time by the Chairman, acting at his or her discretion.

(d)Public Hearing. If the Commission votes to calendar a District Master Plan for further consideration, a public hearing will be held in accordance with § 25-308 of the Administrative Code of New York City and the provisions of 63 RCNY Chapter 1.

(e)Approval and Implementation. Following the public hearing, the Commission may vote to approve, approve with modifications, or disapprove the District Master Plan. If the District Master Plan is approved or approved with modifications, the District Master Plan may be implemented by the enactment of Rules in accordance with the City Administrative Procedure Act that specifically reference the District Master Plan ("Implementation Rules"). The Implementation Rules shall establish the scope and applicability of the District Master Plan and shall set forth the application procedures and the criteria for issuance of CNEs and PMWs pursuant to the District Master Plan. Any work permitted under the Implementation Rules pursuant to a CNE or PMW must be described with reasonable specificity as to design and materials in the District Master Plan. The public hearing for the proposed District Master Plan may be held concurrently with the public hearing for the Implementation Rules. However, the Commission must vote to approve the District Master Plan before it votes to approve the Implementation Rules and the District Master Plan shall have no force and effect until the Implementation Rules are adopted in accordance with the City Administrative Procedure Act.

(f)Application Procedure for Work Pursuant to Approved Master Plan. All applications for work pursuant to the District Master Plan must be signed by the building owner in accordance with 63 RCNY § 2-01 and must state that the application is being filed pursuant to the District Master Plan. Each application shall include drawings, specifications and other materials which describe the proposed work in detail. Commission staff will review the application to ascertain whether the proposed work is in accordance with the District Master Plan and the Implementation Rules. If Commission staff determines that the work is in compliance with the District Master Plan and the Implementation Rules, the staff will issue a CNE or PMW allowing the work to commence. The CNE or PMW must be obtained prior to the commencement of work and posted on the building while work is in progress. Each CNE or PMW shall be valid for four (4) years from the date of issuance and may be renewed upon application provided that Commission staff determines that the work authorized under the original approval remains in compliance with the District Master Plan and the Implementation Rules in effect on the date of such renewal. Issuance or renewal of a District Master Plan CNE or PMW is contingent upon the work's adherence to the District Master Plan and the materials and plans submitted and approved by Commission staff.

(g)Amendment and Rescission. Upon its own motion, the Commission may amend or rescind a District Master Plan at any time, provided the Commission first holds a public hearing on the proposed amendment or rescission. In its discretion, the Commission shall calendar a public hearing with respect to such proposed amendment or rescission in accordance with the provisions of subdivision (b) of this section. Any Commission action to amend or rescind a District Master Plan shall be in accordance with the provisions of 63 RCNY § 1-04. (Amended City Record 7/20/2023, eff. 8/19/2023)

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