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What is NYC ZR § 105-36?

Quick Answer

This section outlines requirements for construction activities, including equipment operation limits, construction fence placement, excavation restrictions, staging area location, topsoil use, and erosion control measures. The Department of Buildings enforces these regulations. Applies to building owners engaged in construction projects.

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

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§ 105-36 Controls During Construction

ZR § 105-36

The following requirements must be met during construction and identified on the construction plan:

(a)No construction equipment of any kind shall operate beyond 15 feet of the perimeter of a building foundation except those vehicles engaged in the construction of private roads, driveways or required accessory parking areas. This provision may be waived by the Commissioner of Buildings should it be determined that the particular conditions of the site make a 15-foot limit infeasible or impractical.

(b)Construction fences shall be erected around all vegetation proposed for preservation and all areas of no disturbance, and those portions of the fence that are downhill from the construction site shall have hay bales placed adjacent to them.

(c)Excavating for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material, or imported from outside the Special Natural Area District.

(d)The staging area shall be located in an area that would most minimize destruction of the natural features of the landscape. Such area shall be as close to the construction area on the zoning lot as practical, and shall be either on the flattest portion of the zoning lot or behind a containment wall where it will not erode any area of no disturbance or endanger any tree designated for preservation.

(e)Topsoil shall be used in the area to be replanted as soon as construction is complete.

(f)Any exposed earth area shall have straw, jute matting or geotextiles placed on it within two days of exposure and be seeded with annual rye grass during construction.

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