Rules of Practice and Procedures

§ 1-09 Application Requirements

§ 1-09.1 Application Form

All applications must be on the applicable form, and must include information required in the forms and the accompanying instructions. All applications must be filed in accordance with the applicable instructions on the Board's website, and the Board will only accept complete applications. After the application is calendared for public hearing, the Board will determine at its review session and public hearing whether additional plans, drawings, exhibits, or other information are required.

Any communication from an applicant submitted in a manner other than as described in these Rules will be regarded as a mere notice of intention to seek relief and will have no force or effect until it is made in the form required. Upon receipt of any such communication, the Board will direct the applicant to the proper forms and instructions for completing an application. Such communication will not stay the thirty (30) day time period for filing an application referred to in §§ 1-05.3, 1-06.3, and 1-07.3(a) of these Rules.

§ 1-09.2 Fees

Before an application is docketed and a calendar number is assigned, the applicant must pay the prescribed filing fee in accordance with the fee schedule authorized by § 25-202 of the New York City Administrative Code. The fee must be paid in the form of a check or money order or in another form acceptable to the Board. When applicable, the applicant must also pay the prescribed City Environmental Quality Review (CEQR) fee in accordance with the fee schedule authorized by Mayoral Executive Order No. 91 of 1977, as amended, and Title 62, Chapter 3, Subchapter A, §§ 3-01 (Fee for CEQR applications) and §§ 3-02 (Schedule of charges) of the Rules of the City of New York. A municipal department or agency of the City may be entitled to an exemption from Board fees pursuant to § 25-202 (Fees) of the New York City Administrative Code.

§ 1-09.3 Drawings and Other Exhibits

All drawings submitted with an application must be properly titled, numbered, dimensioned, dated, drawn to scale, and must otherwise conform to the applicable instructions. All drawings must be clear and bear a legible seal and signature of a registered architect or licensed professional engineer.

§ 1-09.4 Owner's Authorization

Every owner of record on a zoning lot which is the subject of an application must execute and submit the Board's Affidavit of Ownership and Authorization form. The form may be completed by the owner or any other entity or person legally authorized to act for such owner.

If the applicant is not the owner, the applicant must submit the Affidavit of Ownership and Authorization form signed by the owner(s) of record authorizing the applicant to file the application. However, an applicant appealing a final agency determination who is not the owner of the subject property is not required to submit an Affidavit of Ownership and Authorization form.

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