Chapter 14: Rules Relating to the Industrial and Commercial Incentive Program

§ 14-01 Fees.

   (a)   Preliminary application filing: $100.

   (b)   Final application filing: $900.

§ 14-02 Where Building Permit Not Required for Project.

Where construction work that was the subject of an application for a certificate of eligibility does not require a building permit or is to be performed under authority of an open permit issued by the Department of Buildings, a notarized letter from the project's architect or engineer notifying the Department of this fact must be filed within 30 calendar days. The date of commencement indicated in the letter will be the project's effective date.

§ 14-03 Effective Date.

   (a)   New and previously abandoned projects. For a new project, or an abandoned project as defined in 19 RCNY § 14-05(g), a certificate of eligibility's effective date will be the date either a newly issued or renewal permit for the project is issued.

   (b)   Multiple buildings. Where a completed project will result in creating two or more buildings, and separate building permits were obtained, a separate application must be filed for each building. The certificate of eligibility for each building will have its own effective date.

   (c)   First building permit. For purposes of these rules, the first building permit is the permit that would, in the ordinary course, allow construction to proceed, even if the permit was granted before submission of completed plans and specifications for the entire building.

   (d)   Prior building permit. A prior building permit will not be deemed the first building permit for a building if the project for which application is made is a new project that is essentially different from the project for which the prior permit was issued.

§ 14-04 Commencement of Construction.

   (a)   No benefits will be received for construction work commenced before the effective date of the certificate of eligibility for the work.

   (b)   Construction may not be commenced until after

      (1)   submission of preliminary application and any notice required by law

      (2)   if a building permit is not required by the Department of Buildings, receipt by the Department of Finance of a letter from an architect or engineer licensed in the State of New York, a contractor, the applicant or its authorized representative detailing the project's scope and the estimated date of construction commencement and an affirmation that no permit is required; and

      (3)   submission of a completed employment report or notice where required.