Green Infrastructure Grant Program

RCNY tit. 15, ch. 48

in effect

15 RCNY § 48-01 Purpose and Applicability.

§ 48-01 Purpose and Applicability. (a) Purpose. The Green Infrastructure Grant Program ("Program") is intended to provide funding for the design and construction of green roof retrofits to manage stormwater runoff in New York City. (b) Applicability. The Program provides funding for the design and construction of green roof retrofits on real property located within the five (5) boroughs of New York City and, except as set forth in 15 RCNY § 48-04(b), real property that is privately owned. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-02 Definitions.

§ 48-02 Definitions. "Applicant" means the person or entity completing, preparing and/or submitting the Program application, in some cases on behalf of the potential Grantee. "City" means the City of New York. "Conditional acceptance" or "conditionally accepted" refers to a Grant application that has been reviewed by the Department and accepted subject to satisfaction of additional specific requirements, and for which there has not yet been a binding commitment to award a Grant because there remain pre-conditions to be satisfied by the Applicant and/or the prospective Grantee. "Department" means the Department of Environmental Protection, the City agency responsible for administering the Green Infrastructure Grant Program. "Funding Agreement" means the primary contract between the City and the Grantee with respect to the Program funding. "Grant" means a grant of funds awarded by the Department to a Grantee under the Program, which becomes effective and binding when the Funding Agreement has been fully executed and registered with the City Comptroller. "Grantee" means the owner of the real property on which the Project will be built, including all parties having an ownership interest in the property. "Green Roof" means a vegetated system installed on an above grade roof which is designed and constructed by the Grantee to manage stormwater runoff in accordance with the Program Guide. "Private property" means real property not owned by the City and located within the limits of the five (5) boroughs of the City of New York. "Program" means the Department's Green Infrastructure Grant Program that facilitates the installation of green roof retrofits on private property. "Program Guide" means the step-by-step instruction manual for prospective Grantees that describes the Project development process to be followed from conditional acceptance of the application until execution of the Funding Agreement, and how the Department will provide the funding to the Grantee for the construction of the Project. The Program Guide will be incorporated by reference into the Funding Agreement. "Project" means the Green Roof(s) to be installed on the Grantee's property with funding provided by a Grant awarded by the Department. "Retrofit" means the implementation of a Project by constructing a Green Roof on an existing building. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-03 Eligible Grantees.

§ 48-03 Eligible Grantees. To be eligible for a Grant, Applicants must be in compliance with the following: (a) They are not in default on any prior grant agreement or other City contract; (b) They do not owe any taxes; and (c) There is no evidence of lack of business integrity, as determined by the Department after a review of information maintained in PASSPort or other public databases; provided that the Department will not conclude that there is a lack of business integrity without first providing the Applicant with an opportunity to update or correct the information drawn from such databases. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-04 Eligible Property.

§ 48-04 Eligible Property. (a) Grants may be awarded for Projects that will be constructed on private property, except as set forth in paragraph (b) of this section. (b) Grant applications involving Projects on property that is either (i) owned in whole or in part by the City and occupied by the potential Grantee on a long-term basis (e.g., pursuant to a ground lease or other land use agreement) or (ii) owned by another governmental entity or public authority, will be considered by the Department on a case-by-case basis. In evaluating applications involving property leased from the City, as described in (i), the Department will consider such factors as the length of the occupancy agreement and whether or not the lease or agreement is renewable. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-05 Project Feasibility Requirements.

§ 48-05 Project Feasibility Requirements. (a) The building for which the proposed Project will be implemented must be fully constructed and in a condition to accept the Retrofit at the time of application. (b) The proposed Project must manage stormwater runoff from the surrounding impervious tributary drainage area and be designed in accordance with the Program Guide. (c) Projects must be determined to be feasible by a structural analysis that has been performed by a professional structural engineer licensed by the State of New York and that concludes that the loading capacity of the roof is sufficient to support the proposed Project. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-06 Application Submission Requirements.

§ 48-06 Application Submission Requirements. (a) The application can be submitted through the Department's online application system, at http://www.nyc.gov/dep/grantprogram. To request a paper copy of the application, one can mail a request to Green Infrastructure Grant Program, Bureau of Environmental Planning & Analysis at 59-17 Junction Boulevard, 11th Floor, Flushing, NY 11373, and completed paper applications may be submitted to the same address. (b) Only one (1) tax lot may be included in an application to fund a proposed Project, unless the potential Grantee owns adjacent lots and the proposed Project would manage stormwater runoff from all of the commonly owned adjacent tax lots. In this case, one (1) application may be submitted for a Project to be constructed on the adjacent lots in common ownership. (c) The Applicant must provide all information requested on the application form, including detailed information regarding Project scope, drawings, schematics, maps and plans. Proof of property ownership must be included. (d) All applications must include, at a minimum: 1. The Applicant's name, address, telephone number and email address; 2. The identity of the Grantee including names address, phone number and email address; 3. The address and location of the property, as well as borough, block and lot information; 4. A description of how the proposed Project will function; 5. A structural analysis that has been performed by a professional structural engineer licensed by the State of New York that concludes that the loading capacity of the roof is sufficient to support the proposed Project; 6. The professional qualifications of those designing and implementing the Project; 7. The proposed budget for the proposed Project; 8. Calculations of the stormwater projected to be managed by the proposed Project, derived using the calculator provided by the Department with the application; 9. The construction timeline for the proposed Project; 10. Information including the Project's location within the property, footprint dimensions, stormwater flow directions, and proposed materials; 11. A record of the connection of the building or site to the sewer, if available; and 12. A proposed maintenance plan that details maintenance tasks and activities for the useful life of the Project, and a statement of how the Grantee would pay for these activities (note that maintenance costs are not eligible for Grant funding). (e) Relevant additional information should be included if applicable, such as: 1. At least two photos showing the existing conditions of the proposed Project area within the property as of the date of the application submission; 2. Identification of any "co-benefits" in addition to reduced stormwater runoff; 3. Identification of any local institutions or community groups that will be involved in the design, construction or stewardship of the proposed Project; and 4. The proposed monitoring plan, if any. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-07 Selection of Projects and Appeals.

§ 48-07 Selection of Projects and Appeals. (a) The Department will conditionally accept applications, in its discretion, based upon the criteria set forth in this section, after a complete application has been submitted, reviewed, and determined to meet the eligibility requirements as set forth in these Rules. (b) Applications will be evaluated based upon the following criteria: 1. Cost/benefit ratio. The stormwater management benefits of the Project should be cost effective in comparison to the Project costs. 2. Constructability. An evaluation of the constructability of the proposed Project will be based on information submitted. 3. Other factors. Such other factors as the quality of the application materials, a short construction timeline, the availability of matching funds or in-kind contributions, the involvement of community partners or organizations, public visibility or accessibility, the inclusion of a robust scientific monitoring plan, the ability of the proposed Project to be replicable on a wide scale, and/or the inclusion of any training or workforce development opportunities as part of a proposed Project may be considered by the Department when evaluating the Project proposal. (c) Prospective Grantees will be required to submit a Doing Business Data Form to the Department. (d) If an application is conditionally accepted, the Applicant will be notified by letter, with a copy of the Program Guide. Such Guide will also be available on the Department's website, at http://www.nyc.gov/dep/grantprogram. The prospective Grantee must complete an Acceptance Form and return it to the Department within two (2) weeks after receipt of the acceptance letter, confirming that the prospective Grantee is prepared to execute the Funding Agreement and, if appropriate, a restrictive covenant or security agreement upon final acceptance of the Project design and is able to design and construct the Project within one (1) year of conditional acceptance. Unsuccessful Applicants will be sent a letter advising what needs to be done for a resubmitted application to be conditionally accepted, or, if it does not appear that the application will be accepted, advising of the reasons for denial. (e) If an application is denied in whole or on part, an appeal may be submitted as set forth in this paragraph. Such appeal may be made by the property owner sending a letter to the New York City Department of Environmental Protection, Attn: Commissioner, 59-17 Junction Boulevard, Flushing, NY 11373, c/o Bureau of Legal Affairs, within thirty (30) days after the date of the denial letter issued by the Department. Failure to submit an appeal within thirty (30) days will be deemed to be an acceptance of the Department's denial. Upon receipt of a timely letter of appeal, the Commissioner will appoint an appeal officer within the Department to review. Such appeal officer will make a report on the appeal to the Commissioner. The Commissioner or his or her designee must issue a final order within sixty (60) days after receiving the report. A copy of the final order will be sent to the appellant within ten (10) days after the date the Commissioner or his or her designee issues it. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

15 RCNY § 48-08 Funding.

§ 48-08 Funding. (a) Funding is provided to Grantees, or an approved assignee, on a reimbursement basis upon receipt of invoices for eligible costs previously paid. Monthly invoices may be submitted to the Department after: 1. Final designs have been accepted by the Department; 2. The Funding Agreement has been registered pursuant to Section 328 of the Charter; and 3. A notice to proceed with the Project has been issued to the Grantee by the Department. (b) The following items are not eligible expenses and cannot be covered by the Grant: 1. Non-third party personnel costs or salaries of Grantee employees 2. Operating costs 3. Maintenance activities 4. Legal expenses (c) The Department will disburse Grant funding in accordance with the instructions and requirements of the Department's Agency Chief Contracting Officer and the City's Office of Management and Budget. (Added City Record 5/11/2017, eff. 6/10/2017)

15 RCNY § 48-09 Grant Administration and Compliance.

§ 48-09 Grant Administration and Compliance. (a) Prospective Grantees will be required to execute a Funding Agreement in the form provided in the on-line application available at www.nyc.gov/dep/grantprogram after Project design is complete and has been accepted by the Department. (b) Grantees may be required to execute a security agreement, generally in the form of a restrictive covenant, to ensure the preservation of the Project for its useful life, which may be up to twenty (20) years. (c) Grantees must provide proof of the required insurance as set forth in the Funding Agreement. (d) After a final design has been accepted by the Department, a notice to proceed will be issued to the Grantee. (e) Failure to render satisfactory progress or to complete the Project to the satisfaction of the Department may be deemed an abandonment of the Project and, under the terms of the Funding Agreement, may result in the termination of further Grant funding and recoupment of funds already disbursed. Satisfactory progress includes, without limitation, executing the required Funding Agreement completing design milestones, or submitting required paperwork in accordance with the deadlines set forth in the Program Guide. (f) Projects must comply with all Local, State and Federal laws and regulations. (g) Grant funds must not be used for political advocacy, boycotts, advertising, or litigation expenses. In addition, funds must not be used for legally mandated actions under Local, State or Federal law and/or associated with administrative permit conditions or terms of settlement agreements. (h) Grantees must submit regular construction status reports once construction commences, until final acceptance by the Department. Once construction of the Project is completed, Grantees are required to submit regular maintenance summaries for three (3) years. (i) The City has the unrestricted right to use the designs for any Projects for which Grants are awarded for any future Projects or purposes at no additional cost to the City. (j) The City has the right to publish photographs of completed Projects. The Grantee must indicate in any statements to the press or in any materials for publication in any media of communication (print, news, television, radio, internet, etc.) that the Project was funded wholly or in part by the Department. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-130630Fetched: 10/24/2026