What is a Revocable Consent?

Above is an example sketch of Planters on the Sidewalk requiring Revocable Consent

Q: What is a Revocable Consent? What is required to obtain one?

A: When a Building Owner wishes to construct a portion of their building beyond the Front Lot Line or Street Line, they may be required to obtain a Revocable Consent approval to do so.

The Building Code allows certain, limited projections beyond the Street Line, for both above-ground and below-ground projections. These are covered in 1968 Building Code Subchapter4, Articles 8 & 9. See my entry on Projecting Balconies as an example of a permissible projection not requiring a Revocable Consent.

If, however, the Building Owner wishes to construct beyond the limitations specified in the Building Code, they will need to apply for a Revocable Consent through the NYC-Department of Transportation.

A Revocable Consent is a grant by the City to construct and maintain certain structures on, over, or under City Property (usually the Sidewalk or Street). As the name implies, the City may revoke the grant at any time, and thus oblige the Owner to remove the projection.

The Revocable Consent process takes approximately 4-6 months, longer if a Uniform Land Use Review Procedure is required (ULURP). The ULURP Process adds at least 6 months to the process.

Generally, consents are granted for a term of ten years, at the end of which time they may be renewed. Revocable Consents are distributed to several reviewing agencies, all of which must approve the petition:

-Borough President's Office
-DOT Borough Commissioner
-Department of Environmental Protection
-Department of Buildings
-Art Commission
-Local Community Board
-City Council
-Department of City Planning (for ULURP)

A few examples of structures that commonly require Revocable Cosents:

-A Building Cornice projecting more than 10" beyond the Property Line.
-An Outdoor Bench on the Sidewalk
-An Information Kiosk
-Building Steps or Entrance Details which project more than 18" beyond the Property Line
-Exterior Wheelchair Ramps installed on an existing building which project more than 44" beyond the Property Line.
-Canopies, exceeding the size limitations of a standard Canopy.

-Planters or Bollards on the Sidewalk

Have a question about Revocable Consents? E-mail Permitadvisor

Tags: Revocable Consent, Department of Transportation, Ramp, Projection, Bollard, Canopy

DOT Permit Holiday Embargo

Q: For Department of Transporation Construction Permits, when does the DOT Holiday Embargo/Moratorium start and end? What locations in New York City does the Embargo effect?

A: See below excerpt from the DOT Website. Refer to the Attachment for Streets affected by the DOT Holiday Embargo :

"2007 Holiday Construction Embargo - This embargo applies to NYCDOT Construction Permits.

A special construction embargo is in effect Friday, November 16, 2007 from 6AM to 11:59 PM and from Tuesday, November 20, 2007 6AM through Wednesday, January 2, 2008 11:59PM for the 2007 Holiday Construction Embargo. There will be strict enforcement of this embargo and violators are subject to be
summonsed.

Street and sidewalk construction will be restricted from 6:00 AM to midnight during the upcoming holiday season on the roadways listed below. Any permits issued prior to the date of this notice for work in the areas listed for the Holiday Embargo which do not already have the Embargo Waiver traffic stipulation "410" are hereby voided for the period of Friday November 16, 2007 from 6AM to 11:59 PM and from Tuesday November 20, 2007 6AM through Wednesday January 2, 2008 11:59PM. The permits will be in effect again on January 3, 2008.

All permittees must comply with this embargo unless a special waiver is granted by OCMC. Waiver requests must be filed by November 9, 2007 with the Permit Office by filing a "Request for Roadway/Sidewalk Permits During Embargo Periods" with supporting documentation. Work may only occur from 12:01 AM to 6:00 AM with the issuance of the necessary permits, no Embargo Waiver request is needed for work during these times. Waiver requests should only be submitted for critical reasons for a specific project. If a waiver is granted, you will be notified
to apply for the approved permits.

Necessary measures must be taken to ensure that all streets and sidewalks are in proper condition to allow for the expeditious and safe movement of vehicular and pedestrian traffic. OCMC will also impose similar restrictions on public utilities and private contractors for those roadways that are listed below by borough. Tool carts, cable reels, containers, and material stored on roadways must be removed during the embargo period. Utility cover openings are prohibited on roadways noted below between the hours of 6:00 AM and midnight unless the utility or contractor can prove an emergency exists.

Notice to All Permit Applicants:
Please note that this year, in accordance with § 4. Subdivision (m) of section 2-02 of Title 34 of the Rules of the City of New York which reads "A request for approval to work during an embargo shall be submitted on a form provided by the Commissioner, along with a fee ($135.00) as specified in §2-03 of these rules. Payment of the application fee shall not guarantee that approval to work during the embargo period will be granted and application fee is in addition to any required permit fees".

A copy of the form "Request for Roadway/Sidewalk Permits During Embargo Periods" is attached. All forms must be filed with the required documents (shown on the form) along with the required fee at our Permit Office, 220 Church Street Ground Floor by Friday, November 9, 2007. Waiver requests should only be presented for critical reasons related to your specific project."

Tags: Department of Transportation, Construction, Embargo, Holiday, Sidewalk, Street

Marquees and Canopies

An example of a Canopy, with posts that support the end of the Canopy on the Sidewalk

An example of a Marquee, supported entirely from the Building. This is a small one.

Q: What is the difference between a Marquee and a Canopy?

A: Marquees are fully supported from the building alone. A Canopy has posts that come down onto the sidewalk as additional support. Canopies require DOT Approval. Marquees may be approved by the DOB as a Permissible Projection if they comply.

Bicycle Racks

Q: I am a property owner. I wish to install a Bicycle Rack on the Public Sidewalk, for the use of the public. What kind of approval is required? What is the agency & application process?

A: CityRacks is a program through NYC Department of Transportation (NYC DOT) which allows private owners to request the installation of a bicycle rack on the sidewalk. There is an online application form to be filled-in by the Owner, with full permit instructions.