As used in this section, the following terms have the following meanings:
Day. The term "day" means any day other than a Saturday or Sunday or legal holiday.
Landmarks Law. The term "Landmarks Law" refers to Section 3020 of the Charter and Chapter 3 of Title 25 of the Administrative Code of the City of New York.
Landmarks Preservation Commission. The term "Landmarks Preservation Commission" means the Commission acting in its agency capacity to implement the Landmarks Law.
Permit. The term "permit" means an approval, other than a Notice to Proceed, issued by the Landmarks Preservation Commission, in accordance with the provisions of the Landmarks Law and Section 854(h) of the Charter:
(1) "PMW" means a Permit for Minor Work as defined by § 25-310 of the Landmarks Law.
(2) "CNE" means a Certificate of No Effect as defined by § 25-306 of the Landmarks Law.
(4) "MOU" means a modification of use or bulk issued by the Commission in connection with an application by an applicant to the City Planning Commission pursuant to the Zoning Resolution, including but not limited to §§ 74-11 and 74-79, and as required by such sections of the Zoning Resolution.
(Amended City Record 12/20/2018, eff. 1/19/2019)
(a) General.
(1) A permit will be of limited duration as provided in these rules.
(2) A permit must clearly state the expiration date of such permit on the permit.
(3) Work approved by a permit must be substantially completed within the time period for such permit.
(b) Duration of Approvals. The following types have the following durations:
(1) PMW. Each PMW will be valid for four (4) years from the date of issuance for such PMW, or six (6) years from the date of issuance if issued in connection with an approval for a Modification of Use or Bulk.
(2) CNE. Each CNE will be valid for four (4) years from the date of issuance for such CNE, or six (6) years from the date of issuance if issued in connection with an approval for a Modification of Use or Bulk.
(3) C of A. Except as provided in paragraph (7), each C of A will be valid for six (6) years from the date of a Commission vote to approve such C of A.
(4) Report. Each Report, whether Binding or Advisory and whether issued by LPC Staff or the Commission, will be valid for six (6) years from the date of issuance for such Report.
(5) Master Plan. A master plan will be valid indefinitely, unless a lesser period of time is provided for in these rules. A PMW, CNE, C of A or Report issued for a master plan will be valid for the time period indicated in the approval; however, any time period provided in such PMW, CNE, C of A or Report shall not affect the expiration date of the master plan.
(6) MOU. Each MOU will be valid for eight (8) years from the date the Commission votes to approve the application.
(7) Conceptual approval; extension of approval for C of A. If an applicant is also applying to the Commission for a Modification of Use or Bulk, or otherwise applies to the City Planning Commission for a special permit or authorization, or to the Board of Standards and Appeals for a variance, the Commission will issue a conceptual or design C of A with a watermark for the sole purpose of allowing the City Planning Commission and/or the Board of Standards and Appeals, pursuant to § 25-305(b)(1) of the Administrative Code, to act on the application. Upon approval of the special permit, authorization or variance, and submission of all required drawings and materials to the LPC staff, the Commission will issue the final C of A, and the expiration of the final C of A will be eight years from the Commission's vote to approve the application.
(c) Shorter Period of Time to Cure a Condition Subject to a Warning Letter or Summons. Without limiting the time periods for permit duration set forth in 63 RCNY § 7-02(b), where a permit or certificate has been issued to address conditions subject to a warning letter or Summons issued pursuant to 63 RCNY Chapter 11, the Commission may require by the terms of such permit or certificate that the work be performed within a specified time period. The failure to perform the work and remedy the conditions within the specified time period means that the Chair may serve a warning letter or a first, second or subsequent Summons in accordance with the provisions of §§ 25-317.1(b) and 25-317.2 of the Administrative Code.
(Amended City Record 12/20/2018, eff. 1/19/2019; amended City Record 7/20/2023, eff. 8/19/2023)
(a) Number of Renewals. An approval may be renewed twice, as set forth below: once by LPC Staff renewal and once by a Chair's renewal. An expired approval may be reinstated one time.
(b) Conditions for LPC Staff Renewal.
(1) Requirements. LPC Staff will issue a renewal of an LPC Staff or Commission approval upon satisfaction of all of the following conditions:
(i) An application requesting a renewal is filed with the Commission prior to the expiration date shown on such permit;
(ii) The application requesting a renewal includes the following documents:
(A) In the case of an approval that does not require a building permit for the work which is the subject of the approval, a copy of a signed contract that is binding on the parties for the work which is the subject of the approval then expiring and which specifies that work is to be commenced by a date which is no more than one hundred and eighty (180) days after the expiration date of such approval, or
(B) In the case of an approval that does require a building permit for the work which is the subject of the approval, either:
(a) A copy of a valid building permit for all of the work approved in the Commission's approval for the work which is the subject of the permit then expiring, or
(b) A copy of a valid building permit for a substantial portion of the work approved in the Commission's approval for the work which is the subject of the approval then expiring. This must also include proof that work has commenced on such building permit, and proof that the applicant has applied for a building permit for all of the remaining work approved in Commission's approval for the work which is the subject of the approval then expiring; and
(iii) No Summons or previously issued Notice of Violation from the Landmarks Preservation Commission is in effect against the property subject to the approval for which a renewal is requested, except that this requirement will not apply if:
(A) The Commission finds that the work which is the subject of the approval for which a renewal is requested will correct a hazardous condition or prevent deterioration affecting the building; or
(B) An escrow agreement, or other form of assurance acceptable to LPC Staff, has been established to provide a mechanism to ensure that work approved to correct the Summons or previously issued Notice of Violation will be completed within a specified time period.
(2) Duration of renewal. If all conditions required for the renewal of an approval have been met, LPC Staff will renew the approval for an additional:
(i) Two years from the date of expiration of the original approval if the original approval is either a PMW or a CNE, or
(ii) Three years from the date of the expiration of the original approval if the original approval is a C of A, an advisory or binding report, or a MOU.
(c) Conditions for Chair's Discretionary Renewal.
(1) Extraordinary circumstances. Notwithstanding the foregoing provisions, the Chair of the Commission has the discretion, based on extraordinary circumstances, to allow the renewal of any LPC Staff or Commission approval. Such circumstances may include, but are not limited to:
(i) Delays resulting from the inability to obtain other governmental approvals, licenses or permits, but not including time spent in connection with applying for an approval from the City Planning Commission that is subject to the Uniform Land Use Review Procedure ("ULURP") or from the Board of Standards and Appeals, or
(ii) An inability, due to factors beyond the control of the applicant, to complete construction of a project within the term of such permit, where work has begun and is continuing with due diligence.
(iii) In making a finding with respect to this subdivision, the Chair may consider whether the applicant has already obtained an LPC Staff renewal pursuant to 63 RCNY § 7-03(b)(2) and, if there was an LPC Staff renewal, whether there has been a significant change in Commission policy or practice since the LPC Staff renewal was granted.
(2) Timing. A request for an extension under this subdivision (c) must be made in writing prior to the expiration date of the approval or within ten (10) days after receipt of notice that the approval will not be renewed pursuant to subparagraph (a) above. A request must include supporting documentation explaining the extraordinary circumstances. The Chair will respond in writing to such request within twenty (20) days of receipt of the request. If the Chair determines that a renewal of the approval is appropriate, the Chair will extend the approval for a stated period of time.
(3) Reasonable conditions. In allowing the renewal, the Chair may set reasonable conditions, including removal of any conditions related to outstanding Summons, warning letters or Notices of Violation within a reasonable stated time.
(d) Tolling of the Expiration Date. The expiration of any approval will be tolled if a judicial proceeding to review the Commission's decision to grant the approval, or any other governmental approval, license, permit or similar action applied for, or granted in connection with, the project has been instituted until the date of the entry of a final order in such proceeding, including all appeals.
(e) Conditions for the Chair's Discretionary Reinstatement of Expired Permit.
(1) Requirements. The Chair of the Commission has the discretion to reinstate a permit that has expired where:
(i) The applicant demonstrates that substantial work has occurred prior to the expiration;
(ii) The work is continuing with due diligence;
(iii) The applicant has all necessary permits to finish the work;
(iv) There is no Summons or previously issued Notice of Violation in effect against the property or that part of the property subject to the permit;
(v) The work will be substantially complete within thirty-six (36) months of the expiration date of the permit; and
(vi) The Chair determines that it would be unreasonable to require the applicant to stop the work in order to obtain a new permit pursuant to these rules.
(2) Timing. A request to reinstate an expired permit under subdivision (e)(1) must be made in writing no more than ninety (90) days from the expiration of the permit, and must include supporting documentation, including the status of the work, documentation that the work that has already occurred is in compliance with the permit, and the reasons it would be unreasonable if the work had to stop. If the Chair determines that reinstatement is appropriate, the Chair will reinstate the expired permit for a stated period of time not to exceed three years after expiration of the permit and may impose reasonable conditions.
(f) No Renewal or Reinstatement if a Summons or Previously Issued Notice of Violation is in Effect Against Property. Any person who has been notified by the Commission that a permit will not be renewed or reinstated because a Summons or previously issued Notice of Violation from the Commission is in effect against the property may request that the Chair of the Commission, or the Chair's designee, review whether the notice of violation is properly in effect against the property. Such request must be made in writing within ten (10) days from the date of the notification that the permit will not be renewed and may include supporting documentation. The Chair of the Commission will respond to such request within twenty (20) days of receipt of the request. If the Chair or the Chair's designee determines that a Summons or previously issued Notice of Violation was not properly in effect against the property, the Chair will issue a renewed permit or reinstate an expired permit if it finds that all other conditions set forth in these rules have been met.
(Amended City Record 12/20/2018, eff. 1/19/2019)
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