§ 7-03 — Renewal of Permits

§ 7-03 Renewal of Permits.

(a) Number of Renewals. An approval may be renewed twice, as set forth below: once by LPC Staff renewal and once by a Chair's renewal. An expired approval may be reinstated one time. (b) Conditions for LPC Staff Renewal. (1) Requirements. LPC Staff will issue a renewal of an LPC Staff or Commission approval upon satisfaction of all of the following conditions: (i) An application requesting a renewal is filed with the Commission prior to the expiration date shown on such permit; (ii) The application requesting a renewal includes the following documents: (A) In the case of an approval that does not require a building permit for the work which is the subject of the approval, a copy of a signed contract that is binding on the parties for the work which is the subject of the approval then expiring and which specifies that work is to be commenced by a date which is no more than one hundred and eighty (180) days after the expiration date of such approval, or (B) In the case of an approval that does require a building permit for the work which is the subject of the approval, either: (a) A copy of a valid building permit for all of the work approved in the Commission's approval for the work which is the subject of the permit then expiring, or (b) A copy of a valid building permit for a substantial portion of the work approved in the Commission's approval for the work which is the subject of the approval then expiring. This must also include proof that work has commenced on such building permit, and proof that the applicant has applied for a building permit for all of the remaining work approved in Commission's approval for the work which is the subject of the approval then expiring; and (iii) No Summons or previously issued Notice of Violation from the Landmarks Preservation Commission is in effect against the property subject to the approval for which a renewal is requested, except that this requirement will not apply if: (A) The Commission finds that the work which is the subject of the approval for which a renewal is requested will correct a hazardous condition or prevent deterioration affecting the building; or (B) An escrow agreement, or other form of assurance acceptable to LPC Staff, has been established to provide a mechanism to ensure that work approved to correct the Summons or previously issued Notice of Violation will be completed within a specified time period. (2) Duration of renewal. If all conditions required for the renewal of an approval have been met, LPC Staff will renew the approval for an additional: (i) Two years from the date of expiration of the original approval if the original approval is either a PMW or a CNE, or (ii) Three years from the date of the expiration of the original approval if the original approval is a C of A, an advisory or binding report, or a MOU. (c) Conditions for Chair's Discretionary Renewal. (1) Extraordinary circumstances. Notwithstanding the foregoing provisions, the Chair of the Commission has the discretion, based on extraordinary circumstances, to allow the renewal of any LPC Staff or Commission approval. Such circumstances may include, but are not limited to: (i) Delays resulting from the inability to obtain other governmental approvals, licenses or permits, but not including time spent in connection with applying for an approval from the City Planning Commission that is subject to the Uniform Land Use Review Procedure ("ULURP") or from the Board of Standards and Appeals, or (ii) An inability, due to factors beyond the control of the applicant, to complete construction of a project within the term of such permit, where work has begun and is continuing with due diligence. (iii) In making a finding with respect to this subdivision, the Chair may consider whether the applicant has already obtained an LPC Staff renewal pursuant to 63 RCNY § 7-03(b)(2) and, if there was an LPC Staff renewal, whether there has been a significant change in Commission policy or practice since the LPC Staff renewal was granted. (2) Timing. A request for an extension under this subdivision (c) must be made in writing prior to the expiration date of the approval or within ten (10) days after receipt of notice that the approval will not be renewed pursuant to subparagraph (a) above. A request must include supporting documentation explaining the extraordinary circumstances. The Chair will respond in writing to such request within twenty (20) days of receipt of the request. If the Chair determines that a renewal of the approval is appropriate, the Chair will extend the approval for a stated period of time. (3) Reasonable conditions. In allowing the renewal, the Chair may set reasonable conditions, including removal of any conditions related to outstanding Summons, warning letters or Notices of Violation within a reasonable stated time. (d) Tolling of the Expiration Date. The expiration of any approval will be tolled if a judicial proceeding to review the Commission's decision to grant the approval, or any other governmental approval, license, permit or similar action applied for, or granted in connection with, the project has been instituted until the date of the entry of a final order in such proceeding, including all appeals. (e) Conditions for the Chair's Discretionary Reinstatement of Expired Permit. (1) Requirements. The Chair of the Commission has the discretion to reinstate a permit that has expired where: (i) The applicant demonstrates that substantial work has occurred prior to the expiration; (ii) The work is continuing with due diligence; (iii) The applicant has all necessary permits to finish the work; (iv) There is no Summons or previously issued Notice of Violation in effect against the property or that part of the property subject to the permit; (v) The work will be substantially complete within thirty-six (36) months of the expiration date of the permit; and (vi) The Chair determines that it would be unreasonable to require the applicant to stop the work in order to obtain a new permit pursuant to these rules. (2) Timing. A request to reinstate an expired permit under subdivision (e)(1) must be made in writing no more than ninety (90) days from the expiration of the permit, and must include supporting documentation, including the status of the work, documentation that the work that has already occurred is in compliance with the permit, and the reasons it would be unreasonable if the work had to stop. If the Chair determines that reinstatement is appropriate, the Chair will reinstate the expired permit for a stated period of time not to exceed three years after expiration of the permit and may impose reasonable conditions. (f) No Renewal or Reinstatement if a Summons or Previously Issued Notice of Violation is in Effect Against Property. Any person who has been notified by the Commission that a permit will not be renewed or reinstated because a Summons or previously issued Notice of Violation from the Commission is in effect against the property may request that the Chair of the Commission, or the Chair's designee, review whether the notice of violation is properly in effect against the property. Such request must be made in writing within ten (10) days from the date of the notification that the permit will not be renewed and may include supporting documentation. The Chair of the Commission will respond to such request within twenty (20) days of receipt of the request. If the Chair or the Chair's designee determines that a Summons or previously issued Notice of Violation was not properly in effect against the property, the Chair will issue a renewed permit or reinstate an expired permit if it finds that all other conditions set forth in these rules have been met. (Amended City Record 12/20/2018, eff. 1/19/2019)