Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC PC § 107.6.2?

Quick Answer

This section requires applications for construction document approval to include documents regarding stormwater discharge methods for new buildings, horizontal enlargements, or increases in impervious surfaces. Exceptions apply for certain small alterations. Applies to building owners seeking construction document approvals related to stormwater management.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

107.6.2 Stormwater.

PC § 107.6.2

Applications for construction document approval shall include submittal documents relating to the availability and feasibility of a public combined or storm sewer or other approved method for stormwater discharge in accordance with Sections 107.6.2.1 and 107.6.2.2 for the following types of applications: 1. New buildings; 2. Alterations of buildings proposing horizontal building enlargement; and/or 3. Alterations that increase impervious surfaces on the tax lot. Exceptions: 1. Applications for construction document approval for the alteration of an existing one- or two-family dwelling need not include such submittal documents, where the footprint of a proposed horizontal building enlargement and any proposed increase in impervious surfaces combined is less than or equal to 200 square feet (19 m2). Construction documents shall include the amount of proposed increase in impervious area. 1.1. This exception shall not apply if the horizontal building enlargement and increase in impervious surface related to the current application for construction document approval and any other enlargement or increase in impervious surface made on the same tax lot after July 1, 2008 together exceed 200 square feet (19 m 2 ).

2.Applications for construction document approval for the alteration of a building need not include such submittal documents, where the increase in area of the footprint resulting from a proposed horizontal building enlargement and any proposed increase in impervious surfaces on a lot combined is less than or equal to 1,000 square feet (93 m2), and on-site disposal of stormwater conforming to the provisions of the applicable laws and rules as determined by the department is proposed for such enlargement and/or increase in impervious surface. Construction documents shall include the amount of proposed increase in impervious area. 2.1. This exception shall not apply where on-site disposal cannot be designed to conform to the provisions of the applicable laws and rules including but not limited to minimum required distances from lot lines or structures or subsoil conditions as determined by the department. 2.2. This exception shall not apply if the horizontal building enlargement and increase in impervious surface related to the current application for construction document approval and all other enlargements or increases in impervious surface made on the same tax lot after July 1, 2008 together exceed 1,000 square feet (93 m 2 ).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 107.6.2?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters