Date: |
March 12, 2003 |
Subject: |
Lots Designated with an "E" on the Zoning Maps of the City of New York for Potential Hazardous Contamination |
Effective: |
Immediately |
Reference: |
ZR § 11-15 (Environmental Requirements); Chapter 24 of Title 15 of the Rules of the City of New York. |
Purpose: |
To set forth procedures and requirements for application approvals and permits related to lots that have an "E" designation on the Zoning Maps of the Zoning Resolution of the City of New York (the "ZR") for potential hazardous material contamination ("haz-mat E lots"). |
Background: |
ZR § 11-15 provides that the Department may not issue a building permit where the subject tax lot has been given an "E" designation on the relevant zoning map due to potential hazardous material contamination, if the building permit would allow: (1) any development; (2) an enlargement, extension or change of use involving a residential or community facility use; or (3) an enlargement that disturbs the soil on said lot, unless and until the Department is provided with a report from DEP stating that the environmental requirements for the lot have been met. Thus, ZR § 11-15 requires DEP approval prior to a permit being issued by the Department when two conditions are present: (1) the application proposes work on a haz-mat "E" lot; and (2) the application proposes work falling under one of the three categories listed above. The Department has identified haz-mat "E" lots on its Building Information System ("BIS"). The Expanded Property Information screen on BIS identifies haz-mat "E" lots as "Little E - H."1 The following types of Department applications for proposed work on a haz-mat "E" lot will trigger the procedures discussed herein: New Building, Alteration Type I, Alteration Type II for an enlargement or swimming pool, and Alteration Type III enlargement. These types of applications for work located on a haz-mat E lot are referred to as "E-sensitive applications." The category of "E"-sensitive applications may include certain Alteration Type II and Alteration Type III applications that are not subject to ZR § 11-15 because current Department technology cannot eliminate these applications from those that do require DEP approval. Therefore, it is expected that DEP will receive requests to approve applications for which no determination of satisfaction of environmental requirements related to the "E" designation is needed prior to permit pursuant to ZR § 11-15. Applicants contemplating filing an "E"-sensitive application should be strongly encouraged to consult with DEP and obtain DEP approval of their proposed construction as soon as possible. Up-to-date information as to which lots have "E" designations can be found at the DCP web-site. Any permit issued by the Department for work on an "E"-sensitive application is conditioned upon full satisfaction of all DEP environmental requirements related to the haz-mat "E" designation. All work must be performed in compliance with these requirements. Thus, a failure to obtain the appropriate DEP approval prior to an application for certificate of occupancy, or prior to final inspection and verification of compliance with applicable law pursuant to AC § 27-210 ("sign-off") shall result in a revocation of the permit. 1 Other lots with E-designations pertaining to noise and air quality impacts that are not E-designated for potential hazardous material contamination are also identified on the Expanded Property Information screen "Little E - Y." This PPN does not apply to such E-designations. |
Specifics: |
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