Construction Codes and Zoning Resolution Determinations and Appeals Fees
Proposed Rules: Closed to Comments (View Public Comments Received:4)
Statement of Basis and Purpose of Proposed Rule
This rule would amend Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York, relating to fees payable to the Department, to include fees for responding to requests submitted to the Department for Zoning Resolution or Construction Codes Determinations and appeals of such Determinations.
The authority of the Department of Buildings for this rule is found in sections 643 and 1043 of the New York City Charter and section 28-112.1 of the New York City Administrative Code.
The Department provides a service when current or prospective applicants request a Borough Commissioner to issue a Determination interpreting certain provisions of the Zoning, Energy or Construction Codes. These requests may be made using either a Zoning Resolution Determination Form (ZRD1) or a Construction Code Determination Form (CCD1). Applicants may appeal a Borough Commissioner’s Determinations to the Department’s Technical Affairs Unit.
The proposed rule would add fees for processing Determinations filed with a Borough Commissioner’s Office and appeals to the Technical Affairs Unit using either a ZRD1 or CCD1 Form. These fees will cover the administrative costs incurred by the Department in reviewing these requests and appeals. No fees will be charged for requests and appeals filed in connection with the construction or alteration of one-, two- or three-family dwellings or multiple dwellings that are financed entirely or in part by a grant or loan from the City of New York or the New York City Housing Development Corporation and at least 50 percent of whose dwelling units are affordable.
Pursuant to section 1043(d)(4)(iii) of the New York City Charter, certification of this proposed rule pursuant to Local Law 46 of 2010 is not required.
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