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What is NYC AC § 28-108.1?

Quick Answer

This section outlines the requirements for obtaining a permit for new building construction, open lot usage, or alterations necessitating a new or amended certificate of occupancy. It mandates that the adjacent sidewalk, curb, and roadway must be properly paved or repaired by the owner. Applies to building owners seeking permits for construction or alterations.

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

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§ 28-108.1 General.

AC § 28-108.1

The commissioner shall not issue a permit for the erection of a new building, use of an open lot or for alterations that will require the issuance of a new or amended certificate of occupancy without a statement that no certificate of occupancy shall be issued unless the sidewalk, curb and/or roadway in front of or abutting such building, including but not limited to the intersection quadrants for corner properties, shall have been paved, repaired or installed by the owner, at his or her own cost, in the manner, of the materials, and in accordance with the New York city building code, the New York city zoning resolution, and the standards prescribed by the New York city department of transportation pursuant to sections 19-113 and 19-115 of the administrative code. Exceptions: 1. Application for the erection of an accessory building appurtenant to an existing one- or two-family dwelling.

2.Where the commissioner determines, in consultation with the commissioner of transportation, that a sidewalk is not required, provided that such determination shall not affect the obligations of the owner under subdivision a of section 19-152 of the administrative code, nor relieve the owner of any such obligations, nor impair or diminish the rights of the city or its agencies to enforce such obligations.

3.Where the cost of the alteration, including enlargements, does not exceed a total cost of 30 percent of the building value. (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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