Operation Policy and Procedure Notices #02/05

Date:

June 9, 2005

Subject:

Lots designated with an “E” on the Zoning Maps of the City of New York for potential hazardous material contamination, air and/or noise quality impacts

Effective:

Immediately

Reference:

Supersedes:

Purpose:

To summarize procedures and requirements for permit applications affecting 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, as set forth in OPPN # 1/03. To establish that these procedures also apply to lots located within the Special Hudson Yards District that have E designations for potential hazardous material contamination, noise and/or air quality impacts.

Background:

ZR § 11-15 provides that the Department may not issue a building permit for: 1) Any development; 2) Enlargement, extension or change of use involving a residential or community facility use; or 3) Enlargement for any use that disturbs the soil, on tax lots that have an E designation for potential hazardous material contamination unless the New York City Department of Environmental Protection (“DEP”) issues a report that all environmental requirements have been met.

ZR § 93-051 provides that the Department may not issue building permits for: 1) Development; 2) Enlargement; 3) Extension; or 4) Change of use, on tax lots located within the Hudson Yards Redevelopment Area that have an E designation due to potential hazardous material contamination, air and/or noise quality impacts until the Department is provided with a report from DEP stating that the environmental requirements for the lot have been met.

E-designated lots are identified on the Department’s Building Information System (“BIS”). The Property Profile Overview screen on BIS identifies E-designated lots in the “Little E Restricted” field as “HAZMAT/NOISE/AIR,” as appropriate.

Specifics:

1. Plan Examination/Professional Certification Procedures

   Upon initial review of the application, plan examiners and clerks shall review the application to ensure that the required items are satisfied, as described in detail below. No approval, permit, sign-off, certificate of completion or certificate of occupancy may issue without Department receipt of the proper DEP approval letter as part of the application.

   A professional engineer or registered architect (“PE/RA”) may only use the professional certification or limited supervisory check procedures after first obtaining DEP approval for the work.

2. Satisfaction of required items

   BIS will automatically list two required items for the application types affected by ZR §§ 11-15 and 93-051.

   1. A “DEP Notice to Proceed” required item must be satisfied prior to Department application approval by either: a) A DEP Notice to Proceed letter allowing the applicant to perform construction work and remediation work at the same time; or b) A DEP Letter of No Objection stating that the proposed application work does not present environmental concerns; and
   2. A “DEP Notice of Satisfaction” required item must be satisfied prior to sign-off, issuance of certificate of completion or certificate of occupancy by either: a) A DEP Notice of Satisfaction letter indicating that DEP has reviewed and approved completed work, including work performed pursuant to a DEP Notice to Proceed; or b) A DEP Letter of No Objection stating that the proposed application work does not present environmental concerns.
3. Failure to comply with a condition of permit

4. If the Department determines that work has been completed in a manner contrary to the approved and permitted application and plans, including requirements specified in the DEP Notice to Proceed, or in the event DEP denies issuance of a Notice of Satisfaction, the Department may revoke a permit for failure to comply with a condition or conditions of permit as provided in AC §§ 27-200 and 27-201.

5. Post-approval amendments

   PE/RAs who wish to submit a post-approval amendment (“PAA”) must return to DEP and receive approval of the modified application and plans if the PAA involves work that would disturb the soil, or increase the scope of remediation work previously approved by DEP.

6. Subdivision and merger of E-designated lots

   Applications for subdivision or applications involving a merger of tax lots affecting a lot having an E designation must be forwarded to the BIS Director for creation of property profiles that indicate the environmental designation. When an E-designated lot is subdivided, all newly created lots must be identified as E-designated lots.