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Within coastal special flood hazard areas and special flood hazard areas, the commissioner shall not approve construction documents for construction or alteration of buildings or structures, including alterations pursuant to section 28-101.4.3 of this code, or for any other activity regulated by section G201 of appendix G of the New York city building code, unless the application complies with the requirements of appendix G of the New York city building code.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021, L.L. 2021/126 and L.L. 2023/077.
No person shall submit an application for construction document approval for any structure within a coastal zone or water-sensitive inland zone that falsely avers or by omission causes the department to determine that the subject property is not located within such zone or that the New York state department of environmental conservation and other appropriate agencies have issued the appropriate permits or approvals when they did not.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021 and L.L. 2021/126.
Where the department determines that work is located within a coastal zone or water-sensitive inland zone after construction documents have been approved for such work and/or that the documentation required by sections 28-104.9.2 through 28-104.9.4 has not been submitted, the department shall revoke such approval and any associated work permits that may have been issued for such work in accordance with section 28-104.2.10.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.
Construction documents shall not be approved unless all applicable agency approvals from the New York city transit authority, the Metropolitan Transportation Authority or the Port Authority of New York and New Jersey, as provided for in section 3304.3.5 of the New York city building code have been submitted to the department.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
§ 28-104.11 Construction documents for sites that are covered development projects as defined in section 24-541 of the administrative code.
Construction documents for sites that are covered development projects as defined in section 24-541 of the administrative code shall comply with section 28-104.11.1 through 28-104.11.4.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.
As used in this code in connection with provisions relating to the jurisdiction of the department of environmental protection, the terms covered development project, development activity, post-construction stormwater management facility, stormwater construction permit, stormwater maintenance permit, and stormwater pollution prevention plan or SWPPP shall have the same definitions as such terms are defined in subchapter 1 of chapter 5-A of title 24 of the administrative code.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.
It shall be the duty of an applicant for construction document approval to determine whether the site of the proposed work is part of a covered development project and to disclose such information on construction documents. Failure to disclose such information on construction documents shall be a violation of this code.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.
Applications for construction document approval shall include copies of any required stormwater construction permit issued by the department of environmental protection and the stormwater pollution prevention plan for the covered development project.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)
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