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The commissioner shall not approve construction documents for construction of a new structure, the horizontal enlargement of a structure or to excavate or fill any land, within a tidal wetland, a tidal wetland adjacent area, freshwater wetland, freshwater wetland adjacent area, or coastal erosion hazard area, without documentation satisfactory to the commissioner that the New York state department of environmental conservation, and such other governmental agencies as are applicable, have issued any applicable permits or other approvals for such construction, excavation or fill.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.
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.
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