Installation of Heating, Ventilation, Air Conditioning and other Mechanical Equipment.
63 RCNY § 2-21
in effect§ 2-21 Installation of Heating, Ventilation, Air Conditioning and other Mechanical Equipment.
(a) Introduction. These rules set forth criteria for LPC Staff approval of heating, ventilation and air conditioning ("HVAC") or other mechanical equipment in buildings which are designated landmarks or are within designated historic districts or scenic landmarks. These rules are based on the following principles:
(1) The distinguishing historical qualities or character of a building or its site should be protected. The removal or alteration of any significant architectural feature should be avoided.
(2) The visual integrity of the building's exterior walls should be maintained.
(3) In general, HVAC and other mechanical equipment are part of a building's infrastructure that must be installed in compliance with various building and energy codes, and health and safety standards. These codes and standards change over time due to technological advances, and as a result of the changing needs of occupants.
(4) HVAC and other mechanical equipment play a critical role in the sustainability and resiliency of historic buildings. Applicants are encouraged to install appropriate HVAC and mechanical equipment that meet or exceed the requirements of the New York City Energy Conservation Code, even if the equipment is exempt from such standards.
(5) Applicants are strongly encouraged to develop building master plans for the installation of HVAC equipment, which will facilitate expeditious review and approval of applications.
(b) Definitions.
Decorative masonry. The term "decorative masonry" means terra cotta, cast-stone or natural stone (such as limestone, marble, brownstone or granite) and brick facade areas and/or any ornamental feature which is a component of the facade such as belt courses, banding, water tables, cornices, corbelled brick work, medallions, enframements, and surrounds, and ornamental bonding patterns, e.g., tapestry or diaper brick patterns. The term does not include entirely plain units of stone, masonry or brick laid up with simple, non-decorative coursing.
HVAC equipment. The term "HVAC equipment" includes through-window, through-wall, rooftop, areaway, and facade and yard mounted heating, ventilation, and air conditioning equipment, including louvers, wall-mounted louvers and stove, restaurant, bathroom and/or dryer vents.
Mechanical equipment. The term "mechanical equipment" means equipment other than HVAC equipment, such as solar and wind power equipment, batteries and emergency generators, and including any associated elements such as safety railings and sound attenuation screens, baffles and other structures.
Minimally visible. The term "minimally visible" means visibility of any portion of the HVAC or other mechanical equipment which, from its maximum point of visibility, when viewed from any public thoroughfare:
(1) Projects into the maximum line of sight from such public thoroughfare no more than twelve (12) inches in height if the equipment is less than sixty (60) feet above the ground, projects no more than eighteen (18) inches if the equipment is between sixty-one (61) and eighty (80) feet above the ground, and projects no more than twenty-four (24) inches if the equipment is between eighty-one (81) and one hundred (100) feet above the ground, and projects no more than thirty-six (36) inches if the equipment is more than one hundred (100) feet above the ground; or
(2) Does not call attention to itself or detract from any significant architectural features of the building or other buildings if in a historic district. In determining whether equipment does not call attention to itself or detract the LPC Staff will consider the following factors:
(i) The visibility meets the requirements of paragraph (1) above;
(ii) The equipment is visible at a significant distance;
(iii) The equipment is visible from very limited vantage points, including through alleyways, yards, or similar open portions of sites which are not building sites;
(iv) The equipment is visible from an oblique angle; or
(v) The equipment is visible in combination with other existing equipment, additions or structures that share a similar level of visibility.
Primary facade. The term "primary facade" means:
(1) A facade fronting a street or public thoroughfare that is not a street, such as a mews or court;
(2) A visible facade that possesses a level of design or significant architectural features that are commensurate with the building's street-fronting facade(s), and where such facade (i) faces but does not front a street, such as a setback facade, or (ii) is part of a dominant massing element where at least one facade is street-fronting or street-facing, such as a tower element; and
(3) A facade with a primary entrance to the building.
Secondary facade. The term "secondary facade" means a facade that does not front on a street or a public thoroughfare and that does not possess significant architectural features that are commensurate with the street fronting facade.
Terms not otherwise defined in these rules have the meanings ascribed to them in the Landmarks Law.
(c) Installations of HVAC Equipment Within Window Openings.
(1) No permit required. No permit is required for installing seasonal and non-permanent HVAC equipment in windows if the following relevant criteria are satisfied:
(i) Seasonal window air-conditioning unit installations.
(A) The installation requires only raising or lowering the sash of a double-hung window, or opening the sash of a casement, hopper or awning window or transom, and temporarily fixing the sash in place without removing it;
(B) The window unit and any filler panel (glazed or solid) will be installed at any location within the window frame, and will not fully rest on an architectural element of the facade outside of the window frame, such as a cornice, parapet or sill; and
(C) The support brackets, if required, will fasten to the window frame or the interior side of the wall opening, and/or may brace against the exterior wall without mechanical attachments.
(D) If the installation is visible from a public thoroughfare, the window unit does not need to be painted; however, any filler panel (if solid) must have a finish that matches or approximates the color of the window frame.
(ii) New non-permanent louver and vent installations.
(A) The installation requires only the raising or lowering of the sash of a double-hung window, or opening the sash of a casement, hopper or awning window or transom, and temporarily fixing the sash in place without removing it;
(B) The louver or vent, and any filler panel (glazed or solid), will be installed at any location within the window frame; and
(C) If the installation is visible from a public thoroughfare, the louver or vent, and any solid filler panel, will have a finish that matches or approximates the color of the window frame.
(2) Permit required. A permit, certificate or report is required for all other types of HVAC equipment installations within windows in individual landmarks and buildings in historic districts and scenic landmarks.
(i) Primary facades. Installations of HVAC equipment within window openings on primary facades of Individual Landmarks and building in historic districts and scenic landmarks, where there is no feasible alternative to installing the HVAC equipment on a secondary facade.
(A) Rowhouses, detached houses, carriage houses, small apartment buildings, tenements, and hotels. Except for installations on the primary facade that meet the requirements of 63 RCNY § 2-20, for buildings originally constructed as private residences (rowhouses, town houses, detached and semi-detached houses) or carriage houses, as well as small apartment houses and other types of multiple dwellings which are six (6) stories or less in height and with a street frontage of forty (40) feet or less, the small scale and potential for affecting the significant architectural and historic character of the buildings require that proposals for installations on primary facades be reviewed by the full Commission for a Certificate of Appropriateness ("C of A") or report.
(B) Large apartment buildings and hotels and commercial and loft buildings. This clause (B) applies to large apartment buildings, hotels and other types of multiple dwellings that have a street frontage of more than forty (40) feet or are seven (7) or more stories in height, and all commercial and loft buildings originally designed to serve commercial, retail or warehouse uses, including cast-iron fronted buildings, department stores, banks and office buildings. LPC Staff will approve permanent installations of HVAC equipment, louvers and vents in window openings if the proposal meets the following relevant criteria:
(a) The window is not a special window as defined in 63 RCNY § 2-14; and
(b) The installation involves removing only glazing or modifying or removing the window sash and retaining the window frame. At large apartment buildings and hotels, only one of the double-hung sashes or a portion of a casement window assembly may be removed. If the exterior louver is flush-mounted, it will be mounted flush with or behind the plane of the window frame and behind the existing or reinstated brickmold or panning. If the window unit is projecting, it will be mounted within the window frame. In either case, if the exterior louver or window unit fills only a part of the window frame, it can be placed anywhere within the modified or removed sash, and the remainder will be filled with a filler panel (glazed or solid) or partial height window sash to otherwise match the configuration, size permitting, of the overall window; or
(c) The installation involves installing the exterior louver or projecting window unit in conjunction with installing a new window at the same time, and the resulting installation complies with both the criteria set forth in this clause (B) and the applicable new window criteria; and
(d) The exterior louver and any solid filler panel will be finished to match the window frame; however, a window HVAC unit does not need to be painted; and
(e) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts, will not detract from the significant architectural features of adjacent buildings.
(ii) Secondary facades. Installations of HVAC equipment within window openings on secondary facades of Individual Landmarks and buildings within historic districts and scenic landmarks. LPC Staff will approve the installation of HVAC equipment if the proposal meets the following relevant criteria:
(A) The window is not a "special window" as defined in 63 RCNY § 2-14;
(B) The installation will occur within an existing window opening, either as an exterior louver, projecting window unit or a small vent with a flush or minimally projecting cap and filler panel, set back from the plane of the facade to approximate the depth of the window; or
(C) The installation will occur in conjunction with installing a new window at the same time, and the resulting installation complies with both the criteria of this subparagraph and the applicable new window criteria; and
(D) If the installation is visible from a public thoroughfare,
(a) The installation is only part of the full height of the sash being removed, the remainder will be filled with a filler panel (glazed or solid) or partial height window sash to otherwise match the configuration, size permitting, of the overall window; or
(b) The installation involves an exterior louver or small vent with a flush or minimally projecting cap, the louver, vent, cap and solid filler panel will be finished to match the window frame; and
(E) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts or scenic landmarks, if visible will not detract from the significant architectural features of adjacent buildings.
(d) Installations of Through-Wall HVAC Equipment.
(1) Primary facades. Through-wall installation of HVAC equipment on primary facades.
(i) Individual Landmarks. Except for installations on the primary facade that meet the requirements of 63 RCNY § 2-20, proposals for through-wall installations on primary facades must be reviewed for a C of A.
(ii) Buildings within historic districts.
(A) Through-wall installations approvable only by C of A. Except for installations that meet the requirements of 63 RCNY § 2-20, proposals for installations of through-wall HVAC equipment on primary facades of the following building types must be reviewed for a C of A due to their small scale, limited areas of plain masonry and/or the potential for affecting significant the significant architectural and historical character of the buildings:
(a) Rowhouses, townhouses, detached and semi-detached houses, carriage houses, flats, small apartment buildings, tenements, hotels and other types of multiple dwellings. For purposes of this item (a), this means buildings originally constructed as private residences, carriage houses or multiple dwellings, which are six (6) stories or less in height and with a street frontage of forty (40) feet or less, except that a corner rowhouse, townhouse, detached or semi-detached house or carriage house may have one street frontage that is larger than forty (40) feet;
(b) Manufacturing and loft buildings, originally designed to serve commercial, retail, or warehouse uses, including cast-iron fronted buildings, department stores, and banks.
(B) Through-wall installations approvable by LPC Staff. LPC Staff will approve through-wall installations if the proposal meets the following relevant criteria:
(a) Large apartment buildings, hotels and other types of multiple dwellings which either have a street frontage greater than forty (40) feet or which are seven (7) or more stories in height, if the proposal meets all of the following relevant criteria:
(1) The installation will be centered beneath the window opening, or, if the window opening is wide enough to accommodate more than one set of sashes, is placed beneath the window opening in accordance with the predominant existing pattern of through-wall installations;
(2) The exterior louver will be a rimless type architectural louver with flat metal blades;
(3) The exterior louver will be mounted as flush as possible with the surrounding masonry and with the minimum projection feasible;
(4) The exterior louver will be finished to match the color of the surrounding masonry;
(5) The location corresponds to a regular pattern of installations, or where demonstrated to be impractical or unfeasible, the location will form the basis for a new pattern of installations or will otherwise not detract from the facade or, if in a historic district, adjacent buildings; and
(6) The installation will not damage or remove decorative masonry or a significant architectural feature of the building and will not detract from the significant architectural features of adjacent buildings. For purposes of this clause (B), removal of small areas of plain masonry to accommodate the through-wall unit shall not be considered damage or removal of a significant architectural feature.
(iii) Other buildings. For other buildings that do not fall into any of the previously described categories, including specialized building types such as churches and synagogues, hospitals, schools, and libraries, with a street frontage of more than forty (40) feet or are seven (7) or more stories in height, LPC Staff will approve through-wall installations of HVAC equipment if they determine that:
(A) There is no feasible alternative to installing the HVAC equipment on the primary facade;
(B) The installation will satisfy the criteria set forth in subdivision (d)(1)(ii)(B)(a)(2)-(4) of this section; and
(C) The installation will not damage or remove a significant architectural feature of the building, or detract from such features of the building or adjacent buildings if in a historic district. For purposes of this item (b), removal of small areas of plain masonry or non-decorative brick to accommodate the through-wall unit shall not be considered damage or removal of a significant architectural feature.
(2) Secondary facades. LPC Staff will approve the installation of through-wall HVAC equipment on a visible secondary facade of any building if the proposal meets the following relevant criteria:
(i) The unit will be:
(A) Centered beneath or above a window opening if the vent or louver exceeds one hundred forty-four (144) square inches in surface area; or
(B) Installed below, above, or to the side of a window opening if the vent or louver is one hundred forty-four (144) square inches or less in surface area; or
(C) Installed in a uniform pattern on portions of secondary facades devoid of windows (variations from the predominant existing pattern on the building may be permitted if the applicant does not have interior space which would permit such installation in conformance with such pattern). For purposes of this paragraph (2), louvers greater than one hundred forty-four (144) square inches shall only be permitted through a masonry facade; and
(ii) The exterior louver will be mounted as flush as possible with the exterior wall or facade cladding and with the minimum projection feasible, except that if the louver is one hundred forty-four (144) square inches or less in surface area, a minimally projecting cap may be permitted if the projection does not call undue attention to itself or otherwise have an adverse effect on the secondary facade; and
(iii) The exterior louver will be finished in a manner which approximates the color of the surrounding facade cladding; and
(iv) No decorative masonry or other facade cladding, or other significant architectural feature of the building, will be affected by the installation, and the installation will not detract from adjacent buildings. For purposes of this subparagraph (iv), removal of small areas of plain masonry or other facade cladding to accommodate the through-wall unit will not be considered damage or removal of a significant architectural feature.
(3) Installation of HVAC equipment on non-visible secondary facades. LPC Staff will approve the installation of through wall HVAC equipment on a non-visible secondary facade of any building if the proposal meets the following relevant criteria:
(i) The installation will not be visible from any public thoroughfare; and
(ii) The exterior louver will be mounted as flush as possible with the surrounding masonry or facade cladding, except that if the opening is one hundred forty-four (144) square inches or less in surface area, a minimally projecting cap may be permitted if the projection does not have an adverse effect on the secondary facade; and
(iii) No decorative masonry or other decorative facade cladding, or any significant architectural feature of the building, will be affected by the installation.
(e) Wall Mounted Installations of HVAC and Other Mechanical Equipment on Secondary Facades. LPC Staff will approve the installation of wall mounted HVAC and other mechanical equipment on secondary facades if the proposal meets the following relevant criteria:
(1) Visibility.
(i) Wall mounted HVAC, such as ductless split system HVAC equipment and other mechanical equipment on platforms and/or brackets, may be minimally visible from a public thoroughfare. Such equipment may be more than minimally visible if they are seen in conjunction with utilitarian features (e.g. fire escapes; fences) that mitigate the presence of the new equipment, will be located in the least visible location so as to not disrupt the composition of the facade, and will not protrude further from the side facade than required by relevant laws. Such installations may include a screen to conceal the equipment. In scenic landmarks, such installations may be made minimally visible by the introduction and maintenance of plantings;
(ii) Wall-mounted flues and ducts required by applicable governmental laws and rules (including, but not limited, to Building, Fire and Health Codes) may be minimally visible from a public thoroughfare, or where more than minimally visible, will be located in the least visible location and so as to not disrupt the composition of the facade, and will not extend higher than required by such laws or rules;
(2) The attachment of associated platforms, brackets and straps to the facade will be designed to maximize reversibility and minimize damage to the building fabric (e.g., installed through the mortar joints where possible in masonry walls);
(3) Any penetrations for associated conduits or ducts through the facade will be as small as possible in conformance with the manufacturer's recommended dimensions;
(4) If the installation is visible from a public thoroughfare, the HVAC and other mechanical equipment, flues and ducts, and associated platforms, brackets and straps, will have a finish that matches the color of the underlying material, or is otherwise neutral so as to not call attention to itself; and
(5) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts, if visible will not detract from the significant architectural features of adjacent buildings.
(f) Installation of HVAC Equipment in Storefronts and Storefront Doors. LPC Staff will approve the installation of HVAC equipment in storefronts and storefront doors if:
(1) The installation involves removing only glazing, or modifying or removing the transom window sash and retaining the storefront or door frame.
(i) The exterior louver will be mounted flush with or behind the plane of the transom window frame and behind the existing or reinstated brickmold or panning, and
(ii) If the exterior louver will replace only part of the transom window sash being removed, the remainder of the space will be filled with a flat panel (glazed or solid) or partial height transom window sash to otherwise match the finish and configuration, size permitting, of the overall transom window; or
(2) At recessed storefront entrances only, the installation involves removing only glazing, or modifying or removing the transom window sash and retaining the storefront or door frame, and the window unit (projecting or flush) will be mounted within the transom window frame, and if the window unit only fills part of the opening, it can be placed anywhere within the modified or removed transom window sash, the remainder will be filled with a filler panel (glazed or solid) or partial height transom window sash finished to otherwise match the finish and configuration, size permitting, of the overall transom window; or
(3) The installation involves installing the exterior louver in conjunction with installing a new storefront or door at the same time, and the resulting installation complies with both the criteria in this subdivision and the applicable new storefront or door criteria set forth in 63 RCNY § 2-12; and
(4) The exterior louver and any solid filler panel will be finished to match the storefront or door frame; or
(5) The installation will be through a non-historic storefront bulkhead, integrated into the design of the bulkhead or will otherwise not detract from the storefront; and
(6) The exterior louver will be rimless with horizontal blades finished to match the color of the surrounding storefront bulkhead, and will be mounted as flush as possible with the surrounding material and the minimum projection feasible; and
(7) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts, will not detract from the significant architectural features of adjacent buildings.
(g) Installation of HVAC and Other Mechanical Equipment on Rooftops or Terraces. With respect to individual landmarks and buildings in historic districts and scenic landmarks, LPC Staff may approve the installation of HVAC and other mechanical equipment on rooftops and terraces if the proposal satisfies the following relevant criteria:
(1) Primary facade.
(i) The installation will not damage or remove significant architectural features.
(ii) The installation will not be visible. If it is not practicable or feasible to make the installation not visible, and the visibility is not caused by the equipment being placed on an LPC-approved addition, LPC Staff may approve a minimally visible installation.
(iii) With respect to existing HVAC installations, LPC Staff may (A) approve work that increases existing visibility slightly if such increase is required by building or fire codes or for compliance with energy or environmental codes, laws or standards and there is no feasible alternative; and (B) approve replacement of a grandfathered or approved installation with a matching or smaller, one even if the new installation is more than minimally visible, provided there is no feasible alternative location that would be not visible or minimally visible, and the visibility of the new installation is less than the existing installation.
(2) Secondary facade. The installation will not be more than minimally visible over a secondary facade. If it is not practicable or feasible to make the installation minimally visible, staff may approve an installation that is more than minimally visible, provided the visibility is not caused by the equipment being placed on an LPC-approved addition and the installation is seen only through a gap view between buildings, regardless of the presence of other rooftop installations of any type in the surrounding context. Such installations may include a required guardrail and/or a screen to conceal the equipment. If the installation is occurring within a scenic landmark, the visibility will be controlled by existing or new trees, plantings or other foliage. For purposes of this paragraph (2), "gap view" shall mean an opening in the streetwall no greater than 25 feet that allows visibility of secondary facades and rooftops from a public thoroughfare. A gap can be an empty lot, yard, alley, driveway, area way, garden or park, and can also be a building that is shorter than the adjacent building and allows views above it, including a garage or rear addition.
(3) Installation of Solar Panels. LPC Staff may approve the installation of solar panels on flat roofs and sloped roofs, and on other rooftop structures, as well as related framing and equipment, if the proposal meets the following relevant criteria:
(i) Installations on flat roofs.
(A) Solar panel installations on a flat roof, including flat or sloped arrays and arrays on elevated canopies, may be minimally visible over a primary or secondary facade if they have been located to minimize visibility to the greatest extent possible; and
(B) Solar panel installations on a flat roof, including flat or sloped arrays and arrays on elevated canopies, may be more than minimally visible over a secondary facade, if the installation is only seen through a gap view between buildings, even if there are no other rooftop installations of any type in the surrounding context. For purposes of this paragraph (3), a "gap view" shall mean an opening in the streetwall no greater than 25 feet that allows visibility of secondary facades and rooftops from a public thoroughfare. A gap can be an empty lot, yard, alley, driveway, area way, garden or park, and can also be a building that is shorter than the adjacent building and allows views above it, including a garage or rear addition; and
(C) Installations of fencing or guardrails on a flat roof, that are required as part of a solar panel installation, but not part of a more expansive application for work (e.g., constructing a new roof top deck), may be more than minimally visible over a primary or secondary facade if the staff determines that such installation does not detract from significant architectural features of the building or district, provided that:
1. Documentation is provided demonstrating that safety tie-back anchors have been deemed unacceptable under DOB and/or FDNY review and fencing or guardrails are required instead; and
2. The height and length of the required fencing or guardrail is the minimum required by law and is set back to the greatest extent permissible, and any adjustment to the solar panel arrays to facilitate a shorter height or length and/or a greater setback has been explored and executed if feasible; and
3. The design of the fencing or guardrail utilizes the fewest and thinnest members possible (e.g., bars or cables instead of pipes), and is finished in a neutral black or gray color; and
4. If the fencing or guardrail is more than minimally visible or will significantly interrupt an otherwise pristine roofline above the building and/or its row, the number of panels will be reduced to make the guardrail less visible.
(ii) Other rooftop installations. Solar panel installations on an existing pergola, bulkhead, or other rooftop structure that does not have a flat roof may be visible and may increase the overall visibility of the pergola, bulkhead or other rooftop structure if the staff determines that it does not detract from the building or the streetscape, provided that;
(A) the installation is parallel to the surface of the pergola, bulkhead or other rooftop structure that does not have a flat roof and is mounted as close to the surface as technically feasible; and
(B) the solar panels will be "black on black" with black edge framing and black PV surfacing that masks the grid of photovoltaic cells, or an alternative color that better relates to the appearance of the roofing it is installed on may be considered, if the installation is more than minimally visible from a public thoroughfare and the color will result in a more harmonious installation overall.
(iii) Sloped roof installations.
(A) Solar panel installations on a front-facing or side-facing slope of a roof, including at free-standing houses, rowhouses and semi-attached houses, and other building types with pitched roofs, but not on designed roofs, may be visible over a primary facade, if other locations are deemed infeasible due to the lack of sufficient sunlight as documented in the application materials. For purposes of this subparagraph (iii), the term "designed roof" shall mean a roof that is part of the composition of the building, such as a mansard roof, has a character-defining architectural feature, such as a spire, turret or cupola, and in some cases a dormer, or a crowning element seen in the round, such as a tower or dome. Staff may approve an installation if it meets all of the following relevant criteria:
1. the installation is discrete and limited in footprint, unless the slope of the roof is sufficiently shallow to render the number of panels indistinguishable as viewed from a public thoroughfare and/or a larger footprint would result in a less conspicuous installation;
2. the installation is parallel to the surface of the sloped roof and is mounted as close to the surface as technically feasible, and all mounting framework is concealed beneath the solar panels to the greatest extent possible;
3. the installation is subservient to more prominent rooftop features (e.g., dormers) as viewed from a public thoroughfare;
4. the solar panels are not installed on significant historic roofing materials (e.g., slate or clay tiles);
5. the installation will not detract from any significant architectural features of the facade(s) or roof(s); and
6. the building is not an individual landmark.
(B) Solar panel installations on a rear-facing slope or side-facing slope of a roof may be visible over a secondary facade, if the installation is parallel to the surface of the sloped roof and is mounted as close to the surface as technically feasible, and all mounting framework is concealed beneath the solar panels to the greatest extent possible. Solar panel installations that are not visible from a public throughfare may be mounted at an angle to increase performance.
(C) The solar panels must be organized in manner that results in a simple, rectilinear footprint, and avoids stepping or separation of panels, to the greatest extent possible, if the installation is visible from a public thoroughfare.
(D) The solar panels must be "black on black" with black edge framing and black PV surfacing that masks the grid of photovoltaic cells, or an alternative color that better relates to the appearance of the roofing it is installed on may be considered, if the installation is visible from a public thoroughfare.
(E) A black-finished "skirt", "critter guard" or other element must be installed at the base and/or sides of the solar panels if the installation is visible from a public thoroughfare and the addition of the skirt will improve the overall appearance of the installation.
(F) If the installation of the solar panels requires the removal of historic roofing material (e.g. slate or clay tiles), where allowed pursuant to these rules, the tiles must be retained and stored on site for future reuse.
(iv) Related equipment.
(A) The electrical conduit must be minimized in length to the greatest extent possible, and located at the least visible side of the roof and wall where possible, or otherwise placed in inconspicuous locations (e.g., adjacent to gutters and leaders, at inset joints of abutting walls, etc.), and must be painted to match the adjacent surfaces finishes if feasible, if the installation is visible from a public thoroughfare; and
(B) The inverter box must be located adjacent to the existing electrical meter where possible, or otherwise placed in an inconspicuous location, if the installation is visible from a public thoroughfare.
(h) Installation of HVAC Equipment and Mechanical Equipment in Yards and Areaways of Landmarks and Buildings in Historic Districts and Scenic Landmarks. LPC Staff will approve the installation of HVAC and mechanical equipment in the front, side or rear yard if the proposal meets the following relevant criteria:
(1) Primary facades. Installations fronting primary facades of individual landmarks and buildings in historic districts and scenic landmarks:
(i) There is no practical or feasible alternative to installing the equipment in front of the primary facade;
(ii) The installation of HVAC and other mechanical equipment, at grade or on platforms, will not be visible from a public thoroughfare, or will be minimally visible due to location and/or screening by architectural or hardscape features of the building (e.g., behind an areaway wall or within a below-grade light-well);
(iii) Any penetrations for associated conduits or ducts through the facade will be as small as possible in conformance with the manufacturer's recommended dimensions;
(iv) If there is any visibility of the installation from a public thoroughfare, the HVAC and other mechanical equipment, and associated platforms, will have a finish that matches the color of the underlying material, or is otherwise neutral so as to not call attention to itself; and
(v) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts and scenic landmarks, will not detract from the significant architectural features of adjacent buildings or significant landscape features.
(2) Secondary facades. Installations fronting secondary facades:
(i) The installation of HVAC and other mechanical equipment at grade or on platforms will be minimally visible to the greatest extent possible. For purposes of this subparagraph (i), visibility can be reduced or eliminated through the use of permanent plantings or the installation of a new fence or screen;
(ii) The installation is set back from the public thoroughfare to the greatest extent feasible;
(iii) Any penetrations for associated conduits or ducts through the facade will be as small as possible in conformance with the manufacturer's recommended dimensions;
(iv) If the installation is visible from a public thoroughfare, the HVAC and other mechanical equipment, and associated platforms, will have a finish that matches the color of the underlying material, or is otherwise neutral so as to not call attention to itself; and
(v) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts and scenic landmarks, detract from the significant architectural features of adjacent buildings or significant landscape features.
(Amended City Record 12/20/2018, eff. 1/19/2019; amended City Record 7/20/2023, eff. 8/19/2023)
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/0-0-0-113525Fetched: 10/24/2026