§ 36-05 New Projects and Abandoned Projects.
RCNY § 36-05
a. A project will be deemed a new project if one of the following conditions applies: (1) a building permit was previously issued for the project and an applicant has shown that there is a change in the project for which a new building permit is issued which meets at least one of the following criteria: (i) change in the total estimated cost of the project of at least 10 percent as certified by the applicant; or (ii) change in the total floor area of the project of at least 10 percent; or (iii) change in use. For purposes of the requirements of filing a preliminary application pursuant to 19 RCNY § 36-03(b), the previously issued building permit will be deemed to be the first building permit for a project that meets the requirements specified in this paragraph but does not meet the requirements specified in Paragraph (2) of this subdivision.
(2)a building permit was previously issued for the project and an applicant has shown that there is a change in the project which meets at least one of the following criteria: (i) the current project will require an estimated expenditure at least twice as great as the project for which a building permit was previously issued, where the estimated expenditures of the project for which a building permit was previously issued and of the current project are each measured as if construction commenced on the date of each such project's preliminary application as certified by the applicant; or (ii) the current project will enclose floor area to be used for industrial or commercial purposes that is at least twice as great as the floor are of the project for which the prior permit was issued. For purposes of the requirements of filing a preliminary application pursuant to 19 RCNY § 36-03(b), a new building permit will be deemed to be the first building permit for a project that meets the requirements specified in this paragraph.
(3)the application for the project is made either: (i) more than four years after issuance of the building permit for the prior completed project; or (ii) for a new project in a discrete, separate part of the building than the project that was the subject of the prior building permit.
(4)the project consists of alteration work that is not specified in a previously issued building permit or associated plan and for which a preliminary application was not previously filed. b. A project will be deemed abandoned where the applicant establishes that either (i) construction work was commenced by an applicant and has ceased for at least two continuous years at the time a preliminary application is filed for the new project or (ii) that construction work was not commenced pursuant to the previously issued building permit and at least two years have passed between the issuance of such previously issued building permit and the time a preliminary application is filed for the project. For purposes of the requirements of filing a preliminary application pursuant to 19 RCNY § 36-03(b), a subsequent building permit will be deemed to be the first building permit for a project that meets the requirements specified in this paragraph. (Added City Record 2/10/2017, eff. 3/12/2017)
