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What is NYC AC § 28-104.2.5?

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This section allows the commissioner to grant partial approval of construction documents for new buildings or alterations before all documents are submitted. The approval is contingent on the submission of specific documents, including foundation plans and zoning analysis. Applies to building owners seeking phased construction approvals.

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

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§ 28-104.2.5 Phased or partial approval.

AC § 28-104.2.5

In the case of construction documents for the construction of new buildings or the alteration of buildings, the commissioner may grant partial approval of construction documents before the construction documents for the entire building or structure have been submitted. The approval of such partial applications will be subject to the submittal and approval of construction documents, filed together, comprising: 1. The lot diagram showing the exact location of the lot and dimensions to the nearest corner; 2. A complete zoning analysis showing compliance of the proposed work with the zoning resolution; 3. The foundation plans, as provided for in section 107.7.1 of the New York city building code, as well as a loading diagram and column schedule for the entire building or structure; 4. Earthwork plans, as provided for in section 107.8 of the New York city building code; 5. The floor and roof plans showing compliance with exit requirements, as provided for in this code. Structural calculations that justify the foundation design shall be made available to the department when requested by the department. Following the partial approval of such construction documents, the issuance of a foundation and earthwork permit shall be subject to submission of required submittal documents, including related support of excavation documents in accordance with section 28-105.2.1. The owner and the holder of such a foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted. In the event that the project does not proceed, any open excavation shall be filled and graded in accordance with chapter 33 of the New York City building code; and 6. Other documents the department determines are necessary. The issuance of such foundation and earthwork permit is subject to submission of required submittal documents. The owner and the holder of such foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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