§ 2-16 Excavation.
RCNY § 2-16
(a)Introduction. Excavation on landmark sites or within historic districts must comply with all requirements of the Department of Buildings. The purpose of this section is to ensure that applicants demonstrate they have an understanding of the physical and structural conditions of the building and, where relevant, adjacent buildings, and to protect these buildings.
(b)Application Materials. Except for work exempt from these requirements as described in paragraph (5) of this subdivision, an application for excavation work must, in addition to any other plans and materials required for the work, include: (1) A structural conditions report that addresses the building's age and original construction type, and the condition of the foundations and facades; (2) A pre-construction site survey; (3) A finished draft of the Department of Buildings Structural and Support of Excavation filing drawings; (4) A plan for monitoring the facades of any building of six (6) stories or less which (i) was constructed before 1901; (ii) is constructed of wood; (iii) has an unreinforced masonry foundation; or (iv) has a foundation of stone or brick that is affected by or adjacent to the excavation; and (5) An application for excavation that does not require underpinning, or requires only limited underpinning and does not occur at or adjacent to any designated building that falls under any of the categories described in paragraph (4), will not be required to include the additional materials listed in paragraphs (1) through (4) of this subdivision.
(c)Excavation Work. LPC Staff will issue a permit for excavation work as described below, provided the work meets all of the following criteria and pertains to: (1) The lowering and replacing of the lowest existing floor slab (e.g., the basement or cellar) to increase the floor-to-ceiling height to no more than ten feet from floor to ceiling.
(2)The construction of new structural elements, or repairs to existing structural elements related to a building's infrastructure, including but not limited to footings and foundation walls, retaining walls, pits for elevators and escalators.
(3)The construction of new architectural elements, or repairs to existing architectural elements (including but not limited to light wells, stair-wells, sunken terraces, in-ground pools or water features, planting beds and other significant landscape features and significant re-grading); provided the LPC Staff determines the effect of such work will not substantially eliminate the presence of a rear yard, will provide for at least a five (5) foot unexcavated planting area at the rear of the lot, and will have no effect on significant architectural features of the building or adjacent buildings if the work is occurring within a historic district.
(4)The construction of a new crawlspace or cellar or basement story below an existing addition or new, approved addition, to a depth not to exceed the lowest story of the original building, taking into account a modification approved pursuant to paragraph (1) of this subdivision.
(5)The work will be designed and executed in compliance with Department of Buildings regulations under the supervision of a licensed professional engineer or registered architect, with the goal of protecting the building's facades and the facades of adjacent buildings. (Amended City Record 12/20/2018, eff. 1/19/2019)
