Application Procedure

RCNY tit. 63, ch. 2, subch. A

in effect

63 RCNY § 2-01 Application Signatures Necessary for Work Permits.

§ 2-01 Application Signatures Necessary for Work Permits. All application forms to perform any work on a designated landmark or on a property in a designated historic district must be signed by the owner of the property. An application for work on or in a cooperative building must be signed by the President or other appropriate officer of the Co-op Board. The signature of the managing agent of the cooperative building is not sufficient. An application for work on or in the areas and portions of a condominium building in common ownership must be signed by the President or other appropriate officer of the Condominium Association. An application for work on or in an individual condominium unit must be signed by the owner of that unit.

63 RCNY § 2-02 Master Plans.

§ 2-02 Master Plans. An owner of a designated property may apply for approval of a master plan when the proposal involves repetitive alteration of architectural features (such as windows, through-wall air conditioning installations, storefronts, etc.) and when those alterations are not planned to occur all at once, but rather in increments through time. A master plan can be approved by a Certificate of Appropriateness ("CofA"), Certificate of No Effect ("CNE"), Permit for Minor Work ("PMW") or Report depending on the work which it covers. In both cases the master plan sets a standard for future changes involving the architectural features in question and specifically identifies drawings and other documents which contain the approved design in detail. Once a master plan is approved and the owner wishes to move forward with a portion of the work covered by the master plan, a completed application form is filed with the Commission describing the scope of work (for example: 8 front windows on the 12th floor) and stating that the work will conform to the approved master plan drawings and other documents on file with the Landmarks Preservation Commission. The staff of the Preservation Department will review the application to ascertain that all proposed work is covered by a master plan, and will issue a CNE, PMW or Report as required. For master plans approved by a CofA or a Commission Report, the staff shall issue a CNE, PMW or Report, depending on the type of work being proposed. (Amended City Record 7/20/2023, eff. 8/19/2023)

63 RCNY § 2-03 Process for Completing Application: Staff Withdrawal of the Application.

§ 2-03 Process for Completing Application: Staff Withdrawal of the Application. (a) All applications for work on designated properties received by the Landmarks Preservation Commission are assigned to a professional staff member in the Preservation Department who will handle the project. The staff person will review the proposal to ascertain whether the materials submitted are sufficient for a determination to be made. If the materials are sufficient, staff will certify the application as complete and issue the appropriate permit or take other action. If the completed application requires a Certificate of Appropriateness, staff will arrange for the item to be included in the next scheduled Certificate of Appropriateness public hearing calendar. If the application requires further clarification and/or additional documentary materials, staff will contact the owner and/or applicant by telephone to discuss the proposal and, if necessary, arrange a meeting or site visit. Staff will follow the conversation up by providing a materials checklist calling out those supplementary materials required to certify the application as complete. If contact has been limited to a telephone conversation, the checklist will be mailed to the applicant. If a meeting is set up, the checklist may be supplied during the course of the meeting. As soon as all the materials requested have been received, staff will certify the application as complete and process the application. However, if the required materials have not been received 60 working days from the date on the materials checklist, staff will send a follow-up letter to the applicant reminding him/her that the application is still incomplete and informing him/her that unless the materials required are received within the next 30 working days the application will be deemed withdrawn. A copy of the most recent materials checklist will be included with the letter. If the applicant does not submit sufficient material within 90 days of the date on the materials checklist, staff should withdraw the application by sending a staff withdrawal letter including the docket number of the application and a "Withdrawn at Staff Level" number generated by "Permit Application Training System". The application will then be closed. The staff withdrawal letter will be sent to the owner and applicant with copies forwarded to the file, supervisor, and the Director of Preservation. Along with the withdrawal letter a blank "Application for Work on Designated Properties" will be included for the use of the applicant should he or she wish to re-apply. (b) Notwithstanding the time periods set forth in subdivision (a), where an application seeks to legalize or cure a violation, an applicant must submit all materials required by the materials checklist within 20 working days of the date of the materials checklist. If the materials are not submitted, the staff shall send a follow-up letter that shall inform the applicant that the application may be withdrawn by the staff unless all required materials are submitted within 15 working days of the date of the follow-up letter. If the applicant fails to submit all required materials within 55 working days of the date of the first materials checklist, the staff may withdraw the application as set forth in subdivision (a). Withdrawal of an application to legalize or cure a violation, in whole or in part, shall be deemed a disapproval for purposes of service of a second or subsequent notice of violation pursuant to Administrative Code § 25-317.1(b)(4)(a)(ii).

63 RCNY § 2-04 Summonses – New Applications.

§ 2-04 Summonses – New Applications. The Landmarks Preservation Commission will not process an application for work on a designated property when a Landmarks Preservation Commission Summons is in effect against that property. A Summons in effect against that property indicates non-compliance with the Landmarks Law. With respect to Title 63 of the Rules of the City of New York and §§ 25-301 through 25-322 of the Administrative Code, the term "Summons" will be construed to include and apply to any previously issued "Notice of Violation." (a) Effect of a Summons on Processing of a New Application. Upon receipt of an application, LPC Staff must verify that no Summons is in effect against the property. If a Summons is in effect, LPC Staff will: (1) Obtain copies of all Summonses, previously issued Notices of Violation and Notices to Stop Work for the file. (2) Contact the owner/applicant to inform them that because a Summons is in effect LPC Staff cannot process an application for new work until the Summons has been rescinded. (3) Send a letter to the applicant explaining that LPC Staff cannot process the new application because a Summons is in effect against the property, that processing can only commence upon rescission of the Summons or when the applicant begins to address the conditions described in the Summons. Along with the letter send copies of the Summons, an application form, and instructions for filing. Send copies of the letter to the Supervisor, and the Director of Enforcement. (b) Exceptions to this Procedure. LPC Staff may issue permits for new work when a Summons is in effect in the following instances: (1) The proposed work will correct a hazardous condition. (2) The proposed work will address deterioration affecting the building, and the work will clearly further the continuing preservation of the building. (3) A permit has been issued to correct work cited in a Summons, and an escrow agreement or other acceptable form of assurance has been established to provide a mechanism, acceptable to the Landmarks Preservation Commission, that ensures that the corrective work approved under the permit to address the Summons will be completed within a specified time period. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 2-05 Temporary Installations.

§ 2-05 Temporary Installations. LPC Staff is authorized to approve and issue a Certificate of No Effect (CNE) or Permit for Minor Work (PMW) for proposals calling for the temporary installation of signs, banners or other temporary installations such as various forms of artwork or kiosks, if the following criteria are met: (a) "Temporary Installation" is defined as an installation for one hundred eighty (180) days or less for signs and banners or one (1) calendar year or less for other temporary installations. The duration of any temporary installation authorized under this rule will be specified in the CNE or PMW. Any temporary installation must be for a single period not to exceed one hundred eighty (180) days for signs and banners or one (1) calendar year for other temporary installations. An approval for a temporary installation cannot be renewed pursuant to 63 RCNY Chapter 7, nor shall such installation be the subject of a subsequent application for a temporary approval. However, approvals of temporary installations related to approved construction on the property and temporary installations on publicly owned properties may be renewed for up to two additional installation periods. With respect to temporary installations related to approved construction on the property, LPC Staff will make a determination, prior to renewing the approval, that the project is proceeding with reasonable promptness; and (b) The installation will cause no damage to protected architectural features of the property; and (c) An acceptable plan and time schedule for the dismantling of the installation has been submitted to the Commission as a component of the application, along with specifications for any repair work that might be required after dismantling of the installation. In the case of artwork, the applicant is also required to submit a written instrument signed by the artist and the building owner that evidences the owner's authority to remove the artwork when the temporary installation permit expires and that waives any protection under applicable federal or state law afforded to the artist or artwork that would prevent such removal at the expiration of the temporary permit, including but not limited to, the Visual Artists Rights Act of 1990, 17 U.S.C. §§ 101 et seq. and Article 14 of the New York State Law on Arts and Cultural Affairs; and (d) With respect to temporary installations related to approved construction work, an acceptable plan for dismantling, storing and reinstalling any significant features that had to be removed to perform such work has been submitted to the Commission; and (e) If the applicant is not a public or quasi-public agency, an escrow agreement or other adequate assurance acceptable to the Commission is provided to establish that a mechanism is available for the removal of the installation upon expiration of the permit should the applicant fail to remove the installation. (f) The time period for an approval of a temporary installation will commence upon issuance of the temporary permit, unless the approval explicitly provides for a different commencement date. (Amended City Record 12/20/2018, eff. 1/19/2019)

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/0-0-0-112512Fetched: 10/24/2026