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|  Permits/Franchises Franchises, Concessions & Consents |  |
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| Revocable Consents: Information for Applicants
Introduction
If you intend to install a structure on, under or over a City street or sidewalk, you must petition (apply) for a revocable consent. This information guide gives an overview of the revocable consent review process. The Department of Transportation grants revocable consents only for the types of structures that are listed in Appendix A.
The process for granting revocable consents is described in the "Rules Relating to Revocable Consents" (pdf). You may schedule an appointment with us to discuss the details of your petition. Please call (212) 442-8040.
The revocable consent approval process, including any necessary Art Commission or Landmarks Preservation Commission review of above-ground structures, generally takes between four and six months.
What is a Revocable Consent?
A revocable consent is the grant of a right to an individual or organization to construct and maintain certain structures on, over or under the inalienable property of the City (that is, the streets and sidewalks). The City retains the right to revoke a revocable consent at any time.
Generally, revocable consents are granted for a term of ten years, at the end of which time they may be renewed. Revocable consents are generally for the sole use and benefit of the petitioner (applicant), who in most cases is required to own or lease the property to be benefited by the structure. The revocable consent cannot be sublet, assigned, or transferred without the prior written approval of DOT.
Revocable consents for sidewalk cafes are granted by the Department of Consumer Affairs
There is an annual charge for all revocable consents. Upon request, we will provide you with an estimate of that charge before you apply.
At the time of application, you must complete and submit a revocable consent petition form (pdf). The petition form asks for basic information regarding the adjacent property, its owner or lessee, and the proposed structure. Petition forms may be downloaded or may be requested by calling (212) 442-8040.
You also must submit any necessary supporting documentation, such as copies of certificates of incorporation or partnership, copies of deeds, owner's consent statements, and an architect’s authorization.
In most cases your petition must be accompanied by a plan drawn by a professional engineer or registered architect licensed by the State of New York. Plan requirements are spelled out in the Rules Relating to Revocable Consents and the plan review checklist (pdf).
Since multiple copies of the original petition and plan(s) are required, we recommend you schedule a pre-submission conference with us to ensure that your application is in order.
Filing fees range from $100 to $750, depending on the type of proposed structure. A complete schedule of filing fees for petitions for revocable consents appears in the Rules Relating to Revocable Consents.
Upon receiving a complete application for a revocable consent, DOT immediately distributes it to the appropriate City agencies for their review. If an agency objects to a proposed revocable consent structure, changes to the plans may be required in order to rectify the cause of the objection. However, such objections are fairly unusual, and almost never result in the rejection of a petition.
The Department of City Planning may, at this point in the process, determine that a proposed revocable consent requires land use review pursuant to the Uniform Land Use Review Procedure ("ULURP"). If City Planning makes such a determination, you will be required to complete any required additional paperwork and submit the petition for ULURP review, which in most cases takes approximately six months.
Most above-ground structures require the approval of the New York City Art Commission. Structures proposed within a designated New York City Historic District or adjacent to a designated New York City Landmark require the approval of the New York City Landmarks Preservation Commission. We will provide you with guidance in how to seek these approvals when they are necessary.
The Department also checks to see if the applicant has any outstanding warrants, liens or unpaid taxes and that it is registered with the New York Secretary of State and licensed to do business in the State of New York.
After all necessary approvals are received, DOT must hold a public hearing on the terms and conditions of a proposed revocable consent as required by law. A notice of the hearing is published by DOT, at your expense, in one daily newspaper and one local area newspaper. The combined cost of these advertisements is usually under $250.
If no issues arise at the hearing or during the subsequent 10-day comment period, we prepare a revocable consent agreement and send it to you for signature. You should return the signed and sealed agreement (original and copies) within two weeks. The agreement is then executed by DOT and is subject to the additional approval of the Mayor.
Private Improvements Eligible for Revocable Consents:
Petition Form Plan Pre-submission Conference Filing Fees Review of a Petition Appendix A
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