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What is NYC AC § 24-559?

Quick Answer

This section mandates that a maintenance easement be executed and recorded for post-construction stormwater management facilities before the department approves a notice of termination for a project. The easement ensures access for periodic inspections to maintain compliance with design standards. Applies to property owners with such facilities.

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

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§ 24-559 Post-construction stormwater management facilities.

AC § 24-559

Where post-construction stormwater management facilities are required by the department, the department shall not approve a notice of termination for the project until the execution and recording of a maintenance easement, which shall be binding on all subsequent owners of the real property served by such post-construction stormwater management facility, except where the corporation counsel has determined that such a maintenance easement is not necessary due to the property's ownership or use by a public agency or instrumentality. For post-construction stormwater management facilities subject to such an exception, when there is a subsequent conveyance or cessation of public use, the corporation counsel may require the execution and recording of a maintenance easement at that time. The easement shall provide for access to post-construction stormwater management facilities at reasonable times in accordance with law for periodic inspection by the department or qualified professionals authorized by the department to ensure that such facilities are maintained in good working condition to meet the applicable design standards. The easement shall be recorded by the grantor in the office of the city register or, if applicable, the county clerk after approval by the corporation counsel. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021; Am. L.L. 2025/150, 10/25/2025, eff. 10/25/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

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