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What is NYC BC § 3304.3.2?

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This section mandates that written notification be provided to adjoining property owners at least 10 days prior to excavations between 5 to 10 feet deep near adjacent footings or foundations, or for any excavation over 10 feet deep. Applies to property owners conducting significant excavation work.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3304.3.2 Notification of adjoining property owners.

BC § 3304.3.2

When an excavation to a depth of 5 feet to 10 feet (1524 mm to 3048 mm) is to be made within 10 feet (3048 mm) of an adjacent footing or foundation, or when any excavation over 10 feet (3048 mm) is to be made anywhere on a site, the person causing the excavation to be made shall provide written notice to the owners of the adjoining property not less than 10 days prior to the scheduled starting date of the excavation. The written notice shall provide a description of the work to be performed, the timeframe and schedule, the contact information of the person causing the excavation to be made, and the contact information of the department. Exception: Notification is not required where the excavation is set back from the edge of the adjacent footing or foundation or adjoining property by a ratio of 2 horizontal to 1 vertical, as measured from the deepest point of the excavation. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/026.

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