Rules of the New York City Landmarks Preservation Commission

Landmarks Preservation

Commission

1 Centre Street

Floor North

New York, NY 10007

Phone (212) 669 7700

Fax (212) 669 7960

nyc.gov/landmarks

Rules of the New York City

Landmarks Preservation Commission,

Title 63, Rules of the City of New York

Effective August 21, 2023

Eric Adams, Mayor

City of New York

Sarah Carroll, Chair

New York City Landmarks Preservation Commission

Landmarks Preservation

Commission

Introduction

The Rules of the Landmarks Preservation Commission (the “Commission” or the “LPC”) set

forth the processes, procedures and standards of the agency. They include the practice and

procedures of public hearings and meetings, the application process, the standards for work on

designated properties, fees for various types of work, enforcement and standards for the agency’s

preservation grant program. Additional standards and definitions are set forth in the Landmarks

Law, which is found in Title 25, Chapter 3, sections 301 to 322 of the New York City

Administrative Code.

A significant aspect of the rules is that they set forth what work may be approved by the

Commission’s staff, without having to take the application to a public hearing before the full

Commission for a Certificate of Appropriateness. Staff approval is the most efficient and cost-

effective way to obtain a permit to do work on designated property and structures.

Owners and architects are strongly urged to carefully review the rules, and work with LPC staff,

to determine whether and how proposed work can or could meet them. The rules should also be

used to help understand what materials are required for a staff approval to be issued. The more

complete an application is at the time of submission, the faster the work can be approved.

The LPC provides a few different processes for expedited review for certain types of work: an

Expedited Certificate of No Effect for certain types of interior work, which can be issued within

two days (see sections 2-31 to 2-34), and the “FasTrack” program, which applies to many simple

exterior work types on non-visible facades, where a permit can be issued in 10 working days if

the application is complete when submitted. For more information on FasTrack use this link to

the LPC’s website: https://www1.nyc.gov/site/lpc/applications/fast-track-service.page

The official rules for the Landmarks Preservation Commission are published in Title 63 of the

Rules of the City of New York (the “RCNY”), the official compendium of rules for all New

York City agencies. They can be found through an online portal that contains all of the city

rules. Click on “Rules” and then scroll down to Title 63. You can also access the Landmarks

Law, referenced above, through this website: click on “Administrative Code” and then scroll

down to Title 25, Chapter 3.

DISCLAIMER: Because reading the official version of the rules can be difficult for members

of the public, staff has reformatted the rules to provide a more user-friendly document to help

owners, architects and members of the public understand the criteria for staff level approval of

work, as well as other procedures and processes at the Commission. Please note that if there is

a discrepancy between the language of the rules in the RCNY and this document, the

language in the RCNY is binding.

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Table of Contents

CHAPTER 1: PRACTICE AND PROCEDURE PUBLIC HEARINGS AND

MEETINGS OF THE COMMISSION

..................................................... 1

§1-01 QUORUM......................................................................................................................... 1

§1-02 CALENDARING ............................................................................................................ 1

§1-03 WITHDRAWING AND LAYING OVER CERTIFICATE OF

APPROPRIATENESS ITEMS ................................................................................... 1

(a) Lay-Overs (requests prior to being heard) ............................................................. 1

(b) Withdrawals (requests prior to being heard) .......................................................... 2

§1-04 FINAL ACTIONS ........................................................................................................... 2

§1-05 SUBMISSIONS TO THE RECORD ......................................................................... 3

CHAPTER 2: ALTERATION OF LANDMARK AND HISTORIC DISTRICT

BUILDINGS

......................................................................................................... 1

SUBCHAPTER A: APPLICATION PROCEDURE....................................................................... 1

§2-01 APPLICATION SIGNATURES NECESSARY FOR WORK PERMITS ....... 1

§2-02 MASTER PLANS .......................................................................................................... 1

§2-03 PROCESS FOR COMPLETING APPLICATION: STAFF WITHDRAWAL

OF THE APPLICATION .............................................................................................. 2

§2-04 SUMMONSES -- NEW APPLICATIONS ............................................................... 3

(a) Effect of a Summons on Processing of a New Application .................................... 3

(b) Exceptions to this Procedure ................................................................................. 4

§2-05 TEMPORARY INSTALLATIONS ............................................................................. 4

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SUBCHAPTER B: SPECIFIC ALTERATIONS ............................................................................. 7

§2-11 REPAIR, RESTORATION, REPLACEMENT AND RE-CREATION OF

BUILDING FAÇADES AND RELATED EXTERIOR ELEMENTS ................ 9

(a) Introduction ............................................................................................................ 9

(b) General Conditions and Requirements .................................................................. 9

(d) Replacement of Deteriorated Architectural Features........................................... 16

(e) Reconstruction of Facades .................................................................................. 20

(f) Re-Creation and Restoration of Missing Façade Features ................................. 21

§2-12 STOREFRONTS, AWNINGS AND CANOPIES................................................ 23

(a) Definitions ............................................................................................................ 23

(b) General ................................................................................................................ 25

(c) Storefront Infill ...................................................................................................... 26

(d) Awnings and Canopies at Commercial Storefronts and at Residential and Other

Buildings ............................................................................................................... 32

§2-13 SIGNAGE ...................................................................................................................... 37

(a) Introduction .......................................................................................................... 37

(b) Definitions ............................................................................................................ 37

(d) Installation of Storefront Signs ............................................................................. 39

(e) Installation of Banner and Bracket Signs ............................................................. 41

(f) Signage for Commercial Spaces Below the Sidewalk ......................................... 44

(g) Painted Wall Signs ............................................................................................... 44

(h) Miscellaneous Commercial Signage .................................................................... 46

§2-14 WINDOWS AND DOORS ......................................................................................... 49

(a) Introduction .......................................................................................................... 49

(b) Definitions ............................................................................................................ 49

(d) Installation of Exterior Add-Ons for Windows and Doors in Individual Landmarks

and Buildings in Historic Districts and Scenic Landmarks ................................... 54

(e) Special Windows and Special Doors; Any Facade .............................................. 55

(f) Primary Facades .................................................................................................. 56

(g) Secondary Facades; Visible Facades. ................................................................ 61

(h) Secondary Facades; Nonvisible and Minimally Visible Facades ......................... 63

(i) Entrance Infill, Excluding Entrances in Storefront Infill ........................................ 65

§2-15 ADDITIONS: ROOFTOP AND REAR YARD ADDITIONS OR

ENLARGEMENTS ...................................................................................................... 69

(a) Applicability .......................................................................................................... 69

(b) Rooftop Additions of Occupiable Space; General Requirements ........................ 70

(d) Rooftop Additions of Non-occupiable Space; Specific Requirements ................. 71

(e) New and Enlarged Dormers on the Rear Façade of a Building within a Historic

District .................................................................................................................. 72

(f) Rear Yard Additions on Buildings in Historic Districts but not including Individual

Landmarks ........................................................................................................... 73

(g) Rooftop and Rear Yard Additions; Cumulative Impact of Additions .................... 74

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§2-16 EXCAVATION .............................................................................................................. 75

(a) Introduction .......................................................................................................... 75

(b) Application Materials ............................................................................................ 75

(c) Excavation Work .................................................................................................. 75

§2-17 FRONT, SIDE AND REAR YARDS ...................................................................... 77

(a) Alterations to Front Areaways of Rowhouses, Townhouses, Flats, Tenements

and Other Attached Buildings .............................................................................. 77

(b) Installation of New Ironwork ................................................................................. 79

(d) Driveways ............................................................................................................. 83

(e) Accessory Ramps ................................................................................................ 84

§2-18 BARRIER-FREE ACCESS ...................................................................................... 85

(a) Introduction .......................................................................................................... 85

(b) At-Grade Entrances ............................................................................................. 85

(d) Actuators for Automatic Doors ............................................................................. 87

(e) Handrails and Areaway Alterations ...................................................................... 88

(f) Ramps .................................................................................................................. 88

(g) Lifts ....................................................................................................................... 90

(h) Replacement or Modification of Existing Commission-Approved or Grandfathered

Ramps and Lifts ................................................................................................... 91

§2-19 SIDEWALKS ................................................................................................................ 93

(a) General Requirements ......................................................................................... 93

(b) Repairing, Resetting and New Bluestone Sidewalks ........................................... 93

(d) Vault Lights .......................................................................................................... 95

(e) Granite Sidewalks ................................................................................................ 96

(f) Other Sidewalk Materials ..................................................................................... 97

(g) Accessible Sidewalks ........................................................................................... 97

(h) Street trees, sidewalk planting beds and bioswales ............................................ 98

APPENDIX A: Historic Districts Having Continued Sidewalk Regulation ....................... 100

§2-20 HEALTH, SAFETY AND UTILITY EQUIPMENT ............................................ 103

(a) Introduction ........................................................................................................ 103

(b) General Installation Criteria ............................................................................... 103

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§2-21 INSTALLATION OF HEATING, VENTILATION, AIR CONDITIONING

AND OTHER MECHANICAL EQUIPMENT ..................................................... 107

(a) Introduction ........................................................................................................ 107

(b) Definitions .......................................................................................................... 107

(d) Installations of Through-Wall HVAC Equipment ................................................ 112

(e) Wall Mounted Installations of HVAC and Other Mechanical Equipment on

Secondary Facades ........................................................................................... 115

(f) Installation of HVAC Equipment in Storefronts and Storefront Doors ............... 116

(g) Installation of HVAC and Other Mechanical Equipment on Rooftops or Terraces

........................................................................................................................... 117

(h) Installation of HVAC Equipment and Mechanical Equipment in Yards and

Areaways of Landmarks and Buildings in Historic Districts and Scenic Landmarks

........................................................................................................................... 121

§2-22 FIRE ESCAPES ........................................................................................................ 123

(a) Removal of an Existing Fire Escape .................................................................. 123

(b) Alteration, Restoration and Maintenance of an Existing Fire Escape................ 123

§2-23 RULES RELATING TO INSTALLATION OF PUBLIC PAY

TELEPHONES AND PUBLIC COMMUNICATIONS STRUCTURES ...... 125

(a) Introduction ........................................................................................................ 125

(b) Definitions .......................................................................................................... 125

SUBCHAPTER C: EXPEDITED REVIEW OF CERTAIN APPLICATIONS FOR

CERTIFICATES OF NO EFFECT ............................................................ 129

§2-31 DEFINITIONS ............................................................................................................. 129

§2-32 EXPEDITED REVIEW PROCEDURES ............................................................. 130

(a) General .............................................................................................................. 130

(b) Work Eligible for Expedited Review ................................................................... 130

(d) Issuance of Permit or Report ............................................................................. 132

§2-33 EFFECT OF FAILURE TO MEET CONDITIONS FOR AN EXPEDITED

REVIEW ....................................................................................................................... 132

§2-34 REMEDIES FOR FALSE STATEMENTS AND PROCEDURES FOR

ACTION ........................................................................................................................ 133

(a) Grounds for action ............................................................................................. 133

(b) Procedures ......................................................................................................... 133

(c) Hearing ............................................................................................................... 134

(d) Review of Determination .................................................................................... 134

CHAPTER 3: [Reserved]............................................................................................................ 1

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CHAPTER 4: DESIGNATED BROADWAY THEATERS ........................................ 1

§4-01 TREATMENT OF DESIGNATED BROADWAY THEATER INTERIORS

(THEATER INTERIOR GUIDELINES) ................................................................... 1

(a) Preface ................................................................................................................... 1

(b) Guidelines .............................................................................................................. 1

§4-02 TREATMENT OF DESIGNATED BROADWAY THEATER EXTERIORS

(THEATER EXTERIOR GUIDELINES) .................................................................. 2

(a) Preface ................................................................................................................... 2

(b) Guidelines .............................................................................................................. 3

CHAPTER 5: HISTORIC PRESERVATION GRANT PROGRAM ..................... 1

§5-01 INTRODUCTION ........................................................................................................... 1

§5-02 GENERAL ELIGIBILITY REQUIREMENTS .............................................. 1

(a) Eligible Structures .................................................................................................. 1

(b) Eligible Repairs ...................................................................................................... 1

(d) Grant Beneficiaries ................................................................................................ 2

§5-03 SELECTION BOARD AND CRITERIA...................................................... 2

§5-04 APPLICATION MATERIALS ..................................................................... 3

(a) Individuals .............................................................................................................. 3

(b) Non-Profit Entity ..................................................................................................... 3

(c) Conditions .............................................................................................................. 3

CHAPTER 6: PROPOSED ALTERATIONS AND NEW CONSTRUCTION

OF STRUCTURES AND LANDSCAPES IN THE

RIVERDALE HISTORIC DISTRICT

...................................................... 1

§6-01 INTRODUCTION ........................................................................................................... 1

§6-02 DEFINITIONS ................................................................................................................. 2

§6-03 STATEMENT OF REGULATORY POLICY.......................................................... 3

§6-04 MODIFICATIONS OF AND ADDITIONS TO EXISTING BUILDINGS ......... 4

(a) Applications for proposed work .............................................................................. 4

(b) Pre-1940 buildings ................................................................................................. 4

(c) Post-1939 building. ................................................................................................ 5

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§6-05 REGULATION OF LANDSCAPE IMPROVEMENTS ........................................ 5

(a) Actions not Subject to Regulation .......................................................................... 5

(b) Modification of Landscape Improvements ............................................................. 6

CHAPTER 7: PERMIT DURATION, RENEWAL, AND REVOCATION ......... 1

§7-01 DEFINITIONS ................................................................................................................. 1

§7-02 DURATION OF PERMITS .......................................................................................... 2

(a) General .................................................................................................................. 2

(b) Duration of Approvals ............................................................................................ 2

Summons ............................................................................................................... 3

§7-03 RENEWAL AND REINSTATEMENT OF PERMITS .......................................... 3

(a) Number of Renewals ............................................................................................. 3

(b) Conditions for LPC Staff Renewal ......................................................................... 3

(d) Tolling of the Expiration Date ................................................................................. 5

(e) Conditions for the Chair’s Discretionary Reinstatement of Expired Permit ........... 5

(f) No Renewal or Reinstatement if a Summons or Previously Issued Notice of

Violation is in Effect Against Property .................................................................... 6

§7-04 EFFECT OF EXPIRATION OF PERMITS ............................................................. 6

§7-05 REVOCATION OF APPROVALS ............................................................................ 7

CHAPTER 8: PROPOSED ALTERATIONS AND NEW CONSTRUCTION

OF STOREFRONTS IN THE JACKSON HEIGHTS HISTORIC

DISTRICT

.................................................................................................................................. 1

§8-01 INTRODUCTION ........................................................................................................... 1

§8-02 DEFINITIONS ................................................................................................................. 2

§8-03 ROUTINE MAINTENANCE ....................................................................................... 5

(a) Window Repair ....................................................................................................... 5

(b) Painting .................................................................................................................. 5

(c) Cleaning ................................................................................................................. 5

(d) Repair or Replacement of Door or Window Hardware .......................................... 5

§8-04 STOREFRONT ALTERATIONS .............................................................................. 5

(a) Retention of historic storefronts ............................................................................. 5

(b) Permitted storefront alterations .............................................................................. 5

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§8-05 PROCEDURE ............................................................................................................... 14

(a) Submission of application .................................................................................... 14

(b) Review of application ........................................................................................... 14

(c) Illustrations ........................................................................................................... 14

APPENDIX A: ILLUSTRATIONS OF DEFINITIONS OF ARCHITECTURAL ELEMENT ............. 15

APPENDIX B: APPLICATION DRAWINGS .................................................................................. 16

EXAMPLE ONE: STOREFRONT WITH SIDE ENTRANCE ......................................................... 16

EXAMPLE TWO: STOREFRONT WITH CENTER ENTRANCE .................................................. 17

EXAMPLE THREE: BUILDING WITH MULTIPLE STOREFRONTS............................................ 18

CHAPTER 9: ALTERATIONS TO DESIGNATED BANK INTERIORS ......... 1

§9-01 INTRODUCTION ........................................................................................................... 1

§9-02 DEFINITIONS ................................................................................................................. 2

§9-03 ELIGIBLE INTERIORS & SIGNIFICANT FEATURES ..................................... 3

§9-04 CHANGES TO NON-SIGNIFICANT FEATURES ............................................... 3

§9-05 STATE-OF-THE-ART BANKING CHANGES ...................................................... 4

§9-06 APPLICATIONS FOR PARTIAL OR COMPLETE REMOVAL OF

TELLER COUNTERS .................................................................................................. 4

§9-07 APPLICATION PROCEDURES ............................................................................... 5

(a) Submission of application ...................................................................................... 5

(b) Review procedure. ................................................................................................. 5

CHAPTER 10: NOTIFICATION TO LESSEES OF LANDMARKS

DESIGNATION & PERMIT REQUIREMENTS

.................................................. 1

§10-01 INTRODUCTION ......................................................................................................... 1

§10-02 NOTICE TO TENANT OF LANDMARKS DESIGNATION ............................ 1

§10-03 NOTIFICATION ............................................................................................................ 2

(a) Lease Notification .................................................................................................... 2

(b) Letter Notification ................................................................................................... 2

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CHAPTER 11: ADMINISTRATIVE ENFORCEMENT ................................................. 1

INTRODUCTION ........................................................................................................................ 1

§11-01 DEFINITIONS ............................................................................................................... 1

§11-02 ENFORCEMENT OF SUMMONSES .................................................................... 3

§11-03 SERVICE OF SUMMONSES ................................................................................... 3

§11-04 WARNING LETTER ................................................................................................... 3

§11-05 SUMMONS; GRACE PERIOD ................................................................................ 3

§11-06 STOP WORK ORDER ............................................................................................... 4

APPENDIX A: PENALTY SCHEDULE.............................................................................. 5

CHAPTER 12: HISTORIC DISTRICT MASTER PLANS .......................................... 1

§12-01 DISTRICT MASTER PLANS ................................................................................... 1

(a) Introduction ............................................................................................................ 1

(b) District Master Plans .............................................................................................. 1

(c) Calendaring ............................................................................................................ 2

(d) Public Hearing ........................................................................................................ 2

(e) Approval and Implementation. ............................................................................... 2

(f) Application Procedure for Work Pursuant to Approved Master Plan ..................... 2

(g) Amendment and Rescission .................................................................................. 3

§12-02 STONE STREET HISTORIC DISTRICT MASTER PLAN

IMPLEMENTATION RULES .................................................................................... 4

(a) Introduction ............................................................................................................ 4

(b) Definitions .............................................................................................................. 4

(c) Eligible Buildings .................................................................................................... 5

(d) Permitted Alterations Pursuant to the Stone Street Master Plan. .......................... 5

(e) Application Procedures .......................................................................................... 5

(f) Review Procedure .................................................................................................. 6

§12-03 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

STOREFRONTS ON MADISON AVENUE IN THE UPPER EAST SIDE

HISTORIC DISTRICT ................................................................................................. 7

(a) Introduction ............................................................................................................ 7

(b) Definitions .............................................................................................................. 7

(c) Eligible Buildings .................................................................................................... 8

(d) Permitted Alterations Pursuant to the District Master Plan .................................... 8

(e) Application Procedures .......................................................................................... 8

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§12-04 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

STOREFRONTS ON MADISON AVENUE IN THE METROPOLITAN

MUSEUM HISTORIC DISTRICT .......................................................................... 10

(a) Introduction. ......................................................................................................... 10

(b) Definitions. ........................................................................................................... 10

(c) Eligible Buildings .................................................................................................. 11

(d) Permitted Alterations Pursuant to the District Master Plan .................................. 11

(e) Application Procedures ........................................................................................ 11

§12-05 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

STOREFRONTS ON MADISON AVENUE IN THE CARNEGIE HILL

(AND EXTENSION) HISTORIC DISTRICT ....................................................... 13

(a) Introduction .......................................................................................................... 13

(b) Definitions ............................................................................................................ 13

(c) Eligible Buildings .................................................................................................. 14

(d) Permitted Alterations Pursuant to the District Master Plan .................................. 14

(e) Application Procedures. ....................................................................................... 14

§12-06 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

THE DOUGLASTON HISTORIC DISTRICT ..................................................... 16

(a) Introduction .......................................................................................................... 16

(b) Definitions ............................................................................................................ 16

(c) Eligible Buildings .................................................................................................. 17

(d) Permitted Alterations ............................................................................................ 17

(e) Application Procedures. ....................................................................................... 17

§12-07 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

THE FIELDSTON HISTORIC DISTRICT ........................................................... 19

(a) Introduction .......................................................................................................... 19

(b) Definitions ............................................................................................................ 19

(c) Eligible Buildings .................................................................................................. 20

(d) Permitted alterations ............................................................................................ 20

(e) Application procedures. ....................................................................................... 20

CHAPTER 13: FEES ....................................................................................................................... 1

§13-01 REQUIREMENT OF FEE .......................................................................................... 1

§13-02 FEE FOR APPROVAL AND CONSIDERATION OF APPLICATIONS ..... 1

§13-03 DEFINITIONS ............................................................................................................... 1

§13-04 COMPUTATION OF FEES ...................................................................................... 2

(a) New buildings ......................................................................................................... 2

(b) Building alterations ................................................................................................. 2

(d) Signs ...................................................................................................................... 2

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§13-05 EFFECTIVE DATE ...................................................................................................... 3

CHAPTER 14: Requests for Rulemaking ....................................................................... 1

§14-01 PURPOSE ..................................................................................................................... 1

§14-02 DEFINITIONS ............................................................................................................... 1

§14-03 PROCEDURES FOR SUBMISSION OF REQUESTS FOR

RULEMAKING ............................................................................................................. 1

§14-04 PROCEDURES FOR CONSIDERATION AND RESPONSE TO

REQUESTS FOR RULEMAKING .......................................................................... 2

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CHAPTER 1: PRACTICE AND PROCEDURE PUBLIC HEARINGS

AND MEETINGS OF THE COMMISSION

§1-01 QUORUM

§1-02 CALENDARING

§1-03 WITHDRAWING AND LAYING OVER CERTIFICATE OF

APPROPRIATENESS ITEMS

§1-04 FINAL ACTIONS

§1-05 SUBMISSIONS TO THE RECORD

§1-01 QUORUM.

A quorum of the Landmarks Preservation Commission shall consist of six Commissioners.

Public hearings and public meetings may be conducted without a quorum.

§1-02 CALENDARING.

The Landmarks Preservation Commission may, upon the adoption of a motion, calendar an item

to be considered for landmark designation. A motion to calendar must be approved by the

majority of the Commissioners present in order to be adopted. The date of the public hearing on

the proposed designation may be set by the motion to calendar or it may be set at some later time

by the Chairman, acting at his or her discretion.

§1-03 WITHDRAWING AND LAYING OVER CERTIFICATE OF APPROPRIATENESS

ITEMS.

Once an application has been included on a Certificate of Appropriateness public hearing

calendar, it may be withdrawn or laid-over as follows:

(a) Lay-Overs (requests prior to being heard). If an application has been included on a

Certificate of Appropriateness calendar and the hearing has not yet occurred, the

applicant may request that the application be laid-over to a subsequent public hearing.

The applicant must send the Landmarks Preservation Commission a letter indicating

that he or she would prefer to be heard on a subsequent hearing and stating that the

Commission's time to act on the matter is being extended for an equivalent length of

time. Upon receipt of this request staff will withdraw the item and hold it for the

following month's hearing. Where the application concerns, in whole or in part, the

legalization or curing of a violation, the applicant shall be allowed to lay over the item

only once as of right. If the applicant requests a subsequent lay-over, the Chair may at

his or her own discretion consider the request a request for withdrawal and may

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Chapter 1 2

withdraw the item pursuant to the procedure set forth in subsection 1-03(b)(1), or, if

the application seeks to legalize a violation, the Chair may keep the item on the

calendar and the Commission may act on it at the public hearing. Withdrawal of an

application to legalize or cure a violation, in whole or in part, shall be deemed a

disapproval for purposes of service of a second or subsequent notice of violation

pursuant to section 25-317.1b(4)(a)(ii).

(b) Withdrawals (requests prior to being heard). If an application has been included on

a Certificate of Appropriateness public hearing calendar and the hearing has not yet

occurred, the application may be withdrawn from the calendar as follows;

(1) by the applicant if the applicant sends a letter to the Landmarks Preservation

Commission indicating that he or she wishes to abandon the application as

proposed. Staff withdraws the item and generates the "Withdrawn at Staff

Level" number from "Permit Application Tracking System," a withdrawal letter

is sent to the applicant and the application is closed.

(2) by the staff if new information or design modifications are provided that enable

the staff to issue a staff-level permit. Staff withdraws the item from the calendar

and issues a staff permit to close the application.

(3) by the staff at the direction of the Director of Preservation if the status of the

application changes with respect to scope and completeness.

included on a Certificate of Appropriateness public hearing calendar and the hearing

has taken place, the application can only be withdrawn by the applicant if he or she

sends a letter to the Landmarks Preservation Commission indicating that the

application is being abandoned as proposed. Upon receipt of this request staff will

withdraw the item from the calendar, generate a "Withdrawn at Staff Level" number

from "Permit Application Tracking System" and send the applicant a withdrawal letter

to close the application. Where the application concerns, in whole or in part, the

legalization of a violation, the Chair may, at his or her own discretion, reject the

applicant's request to withdraw and the Commission may continue to consider and act

on the application as submitted. Withdrawal of an application to legalize or cure a

violation, in whole or in part, shall be deemed a disapproval for purposes of service of

a second or subsequent notice of violation pursuant to section 25-317.1b(4)(a)(ii).

§1-04 FINAL ACTIONS.

No final determination or action will be made or taken except by concurring vote of at least six

Commissioners.

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§1-05 SUBMISSIONS TO THE RECORD.

The Commission may, upon the adoption of a motion, close the hearing and leave the Record

open on a particular item until a stated date to allow for the submission of additional written

information. Submissions received after the stated date will be included in the Record provided

they are received prior to the Commission's determination or action on the item.

The Commission will neither make a final determination nor take any final action on an item

while the Record is open on that item.

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Landmarks Preservation

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Subchapter A 1

CHAPTER 2: ALTERATION OF LANDMARK AND HISTORIC

DISTRICT BUILDINGS

SUBCHAPTERS:

A: APPLICATION PROCEDURE

B: SPECIFIC ALTERATIONS

C: EXPEDITED REVIEW OF CERTAIN APPLICATIONS FOR CERTIFICATES

OF NO EFFECT

SUBCHAPTER A: APPLICATION PROCEDURE

§2-01 APPLICATION SIGNATURES NECESSARY FOR WORK PERMITS

§2-02 MASTER PLANS

§2-03 PROCESS FOR COMPLETING APPLICATION: STAFF WITHDRAWAL

OF THE APPLICATION

§2-04 SUMMONSES - NEW APPLICATIONS

§2-05 TEMPORARY INSTALLATIONS

§2-01 APPLICATION SIGNATURES NECESSARY FOR WORK PERMITS.

All application forms to perform any work on a designated landmark or on a property in a

designated historic district must be signed by the owner of the property. An application for work

on or in a cooperative building must be signed by the President or other appropriate officer of the

Co-op Board. The signature of the managing agent of the cooperative building is not sufficient.

An application for work on or in the areas and portions of a condominium building in common

ownership must be signed by the President or other appropriate officer of the Condominium

Association. An application for work on or in an individual condominium unit must be signed

by the owner of that unit.

§2-02 MASTER PLANS.

An owner of a designated property may apply for approval of a master plan when the proposal

involves repetitive alteration of architectural features (such as windows, through-wall air

conditioning installations, storefronts, etc.) and when those alterations are not planned to occur

all at once, but rather in increments through time. A master plan can be approved by a

Certificate of Appropriateness (“CofA”), Certificate of No Effect (“CNE”), Permit for Minor

Work (“PMW”) or Report depending on the work which it covers.

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Subchapter A 2

In both cases the master plan sets a standard for future changes involving the architectural

features in question and specifically identifies drawings and other documents which contain the

approved design in detail. Once a master plan is approved and the owner wishes to move

forward with a portion of the work covered by the master plan, a completed application form is

filed with the Commission describing the scope of work (for example: 8 front windows on the

12th floor) and stating that the work will conform to the approved master plan drawings and

other documents on file with the Landmarks Preservation Commission. The staff of the

Preservation Department will review the application to ascertain that all proposed work is

covered by a master plan, and will issue a CNE, PMW or Report as required. For master plans

approved by a CofA or a Commission Report, the staff shall issue a CNE, PMW or Report,

depending on the type of work being proposed.

§2-03 PROCESS FOR COMPLETING APPLICATION: STAFF WITHDRAWAL OF

THE APPLICATION.

(a) All applications for work on designated properties received by the Landmarks

Preservation Commission are assigned to a professional staff member in the

Preservation Department who will handle the project. The staff person will review the

proposal to ascertain whether the materials submitted are sufficient for a determination

to be made. If the materials are sufficient, staff will certify the application as complete

and issue the appropriate permit or take other action.

If the completed application requires a Certificate of Appropriateness, staff will

arrange for the item to be included in the next scheduled Certificate of

Appropriateness public hearing calendar. If the application requires further

clarification and/or additional documentary materials, staff will contact the owner

and/or applicant by telephone to discuss the proposal and, if necessary, arrange a

meeting or site visit. Staff will follow the conversation up by providing a materials

checklist calling out those supplementary materials required to certify the application

as complete. If contact has been limited to a telephone conversation, the checklist will

be mailed to the applicant. If a meeting is set up, the checklist may be supplied during

the course of the meeting. As soon as all the materials requested have been received,

staff will certify the application as complete and process the application. However, if

the required materials have not been received 60 working days from the date on the

materials checklist, staff will send a follow-up letter to the applicant reminding

him/her that the application is still incomplete and informing him/her that unless the

materials required are received within the next 30 working days the application will be

deemed withdrawn. A copy of the most recent materials checklist will be included

with the letter.

If the applicant does not submit sufficient material within 90 days of the date on the

materials checklist, staff should withdraw the application by sending a staff

withdrawal letter including the docket number of the application and a "Withdrawn at

Staff Level" number generated by "Permit Application Tracking System." The

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application will then be closed. The staff withdrawal letter will be sent to the owner

and applicant with copies forwarded to the file, supervisor, and the Director of

Preservation. Along with the withdrawal letter a blank "Application for Work on

Designated Properties" will be included for the use of the applicant should he or she

wish to re-apply.

(b) Notwithstanding the time periods set forth in subdivision (a), where an application

seeks to legalize or cure a violation, an applicant must submit all materials required by

the materials checklist within 20 working days of the date of the materials checklist. If

the materials are not submitted, the staff shall send a follow-up letter that shall inform

the applicant that the application may be withdrawn by the staff unless all required

materials are submitted within 15 working days of the date of the follow-up letter. If

the applicant fails to submit all required materials within 55 working days of the date

of the first materials checklist, the staff may withdraw the application as set forth in

subdivision (a). Withdrawal of an application to legalize or cure a violation, in whole

or in part, shall be deemed a disapproval for purposes of service of a second or

subsequent notice of violation pursuant to section 25-317.1b(4)(a)(ii).

§2-04 SUMMONSES -- NEW APPLICATIONS.

The Landmarks Preservation Commission will not process an application for work on a

designated property when a Landmarks Preservation Commission Summons is in effect against

that property. A Summons in effect against that property indicates non-compliance with the

Landmarks Law. With respect to Chapter 63

of the Rules of the City of New York and sections

25-301 through 25-322 of the Administrative Code, the term “Summons” will be construed to

include and apply to any previously issued “Notice of Violation.”

(a) Effect of a Summons on Processing of a New Application. Upon receipt of an

application, LPC Staff must verify that no Summons is in effect against the property. If

a Summons is in effect, LPC Staff will:

(1) Obtain copies of all Summonses, previously issued Notices of Violation and

Notices to Stop Work for the file.

(2) Contact the owner/applicant to inform them that because a Summons is in effect

LPC Staff cannot process an application for new work until the Summons has

been rescinded.

Typographical error in adopted text should be “Title 63”

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(3) Send a letter to the applicant explaining that LPC Staff cannot process the new

application because a Summons is in effect against the property, that processing

can only commence upon rescission of the Summons or when the applicant

begins to address the conditions described in the Summons. Along with the letter

send copies of the Summons, an application form, and instructions for filing.

Send copies of the letter to the Supervisor, and the Director of Enforcement.

(b) Exceptions to this Procedure. LPC Staff may issue permits for new work when a

Summons is in effect in the following instances:

(1) The proposed work will correct a hazardous condition.

(2) The proposed work will address deterioration affecting the building, and the

work will clearly further the continuing preservation of the building.

(3) A permit has been issued to correct work cited in a Summons, and an escrow

agreement or other acceptable form of assurance has been established to provide

a mechanism, acceptable to the Landmarks Preservation Commission, that

ensures that the corrective work approved under the permit to address the

Summons will be completed within a specified time period.

§2-05 TEMPORARY INSTALLATIONS.

LPC Staff is authorized to approve and issue a Certificate of No Effect (CNE) or Permit for

Minor Work (PMW) for proposals calling for the temporary installation of signs, banners or

other temporary installations such as various forms of artwork or kiosks, if the following criteria

are met:

(a) "Temporary Installation" is defined as an installation for one hundred eighty (180)

days or less for signs and banners or one (1) calendar year or less for other temporary

installations. The duration of any temporary installation authorized under this rule will

be specified in the CNE or PMW. Any temporary installation must be for a single

period not to exceed one hundred eighty (180) days for signs and banners or one (1)

calendar year for other temporary installations. An approval for a temporary

installation cannot be renewed pursuant to Chapter 7 of these rules, nor shall such

installation be the subject of a subsequent application for a temporary approval.

However, approvals of temporary installations related to approved construction on the

property and temporary installations on publicly owned properties may be renewed for

up to two additional installation periods. With respect to temporary installations related

to approved construction on the property, LPC Staff will make a determination, prior to

renewing the approval, that the project is proceeding with reasonable promptness; and

(b) the installation will cause no damage to protected architectural features of the property;

and

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submitted to the Commission as a component of the application, along with

specifications for any repair work that might be required after dismantling of the

installation. In the case of artwork, the applicant is also required to submit a written

instrument signed by the artist and the building owner that evidences the owner's

authority to remove the artwork when the temporary installation permit expires and

that waives any protection under applicable federal or state law afforded to the artist or

artwork that would prevent such removal at the expiration of the temporary permit,

including but not limited to, the Visual Artists Rights Act of 1990, 17 U.S.C. 101 et

seq. and Article 14 of the New York State Law on Arts and Cultural Affairs; and

(d) with respect to temporary installations related to approved construction work, an

acceptable plan for dismantling, storing and reinstalling any significant features that

had to be removed to perform such work has been submitted to the Commission; and

(e) if the applicant is not a public or quasi-public agency, an escrow agreement or other

adequate assurance acceptable to the Commission is provided to establish that a

mechanism is available for the removal of the installation upon expiration of the permit

should the applicant fail to remove the installation.

(f) The time period for an approval of a temporary installation will commence upon

issuance of the temporary permit, unless the approval explicitly provides for a different

commencement date.

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SUBCHAPTER B: SPECIFIC ALTERATIONS

§2-11 REPAIR, RESTORATION, REPLACEMENT AND RE-CREATION OF

BUILDING FAÇADES AND RELATED EXTERIOR ELEMENTS

§2-12 STOREFRONTS, AWNINGS AND CANOPIES

§2-13 SIGNAGE

§2-14 WINDOWS AND DOORS

§2-15 ADDITIONS: ROOFTOP AND REAR YARD ADDITIONS OR

ENLARGEMENTS

§2-16 EXCAVATION

§2-17 FRONT, SIDE AND REAR YARDS

§2-18 BARRIER-FREE ACCESS

§2-19 SIDEWALKS

APPENDIX A: HISTORIC DISTRICTS HAVING CONTINUED

SIDEWALK REGULATION

§2-20 HEALTH, SAFETY AND UTILITY EQUIPMENT

§2-21 INSTALLATION OF HEATING, VENTILATION, AIR CONDITIONING

AND OTHER MECHANICAL EQUIPMENT

§2-22 FIRE ESCAPES

§2-23 PUBLIC PAY TELEPHONES AND PUBLIC COMMUNICATION

STRUCTURES

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§2-11 9

§2-11 REPAIR, RESTORATION, REPLACEMENT AND RE-CREATION OF

BUILDING FAÇADES AND RELATED EXTERIOR ELEMENTS.

(a) Introduction. This section authorizes LPC Staff to approve applications for work to

repair, restore and re-create building facades and related exterior elements in order to

maintain, restore, replace, re-create and, in certain instances, recall original or historic

exterior architectural elements. LPC Staff reviews these applications with the

presumption that historic materials should be maintained, repaired and replaced in-kind

whenever possible. This approach results in the most authentic and sympathetic

interventions and preserves the design, materiality and engineering of the historic

building or improvement and its features. Furthermore, the use of historic materials

and methods typically ensures compatibility with surrounding materials in terms of

expansion and contraction, permeability and absorption, and structural capacity, among

other things. Most historic material are proven to be long-lasting and durable when

properly maintained, and will age and perform in a predicable way in support of the

long-term economic viability of their continued use. Notwithstanding the preference

for original and historic materials, LPC Staff may consider alternative repair methods

and substitute materials in certain situations as set forth in this subdivision, while in

other situations use of substitute materials is prohibited.

For purposes of this section, the term “primary façade” means: (1) a façade fronting a

street or public thoroughfare that is not a street, such as a mews or court; (2) A visible

façade that possesses a level of design or significant architectural features that are

commensurate with the building’s street-fronting façade(s), and where such façade (i)

faces but does not front a street, such as a setback façade, or (ii) is part of a dominant

massing element where at least one façade is street-fronting or street-facing, such as a

tower element; or (3) A façade with a primary entrance to the building.

(b) General Conditions and Requirements.

(1) Probes and other investigative work. No permit is required for non-intrusive

investigative work or probes, provided the work is fully reversible and does not

damage any historic fabric, and further provided that the existing condition is

reinstated upon completion. LPC Staff may approve and issue an approval for

selective intrusive investigative work or probes in order to assess the current

condition of building materials and systems, or for the temporary removal of a

feature or portion of a feature in order to make a mold for replication, if the

proposed work meets all of the following applicable criteria:

(i) The probes or removal(s) are requested in connection with an anticipated or

open application for work, or for an approval that has been granted;

(ii) No more material will be removed than is necessary to discover the

underlying condition or make the mold for replication and, where possible,

removal will be limited to non-character defining features and materials;

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§2-11 10

(iii) The probe(s) or removal(s) will be performed in an unobtrusive location;

(iv) Temporary protection of the area being probed will be provided; and

(v) Where original fabric is removed in connection with the probe, it will be

re-installed to match the original condition, or if necessary the material will

be replaced in-kind. For removals in connection with making a mold for

replication, the original fabric will be re-installed or adequate protective

measures will be taken to ensure that the façade is kept watertight until

such time as the reinstallation or replacement of the feature is complete.

(2) Documentation and assessment of deteriorated conditions. The applicant

must provide current photographs of the building as documentation of

deteriorated conditions, along with a written scope of work summary. Where

replacement of large quantities of materials and/or significant architectural

features is proposed, the applicant must provide an assessment of the deteriorated

conditions warranting such replacement(s). Repair will be given priority over

replacement if feasible.

(3) Physical and aesthetic characteristics of materials and features. In all cases,

except where noted, the repair, restoration, replacement or re-creation must

match the original or historic materials and features in terms of its physical and

aesthetic characteristics, including design, detail, profile, dimension, material,

texture, tooling, dressing, color and finish, as applicable.

(4) Specifications. The specifications, methods and materials for the repair,

restoration, replacement or re-creation must be identified and described by the

architect, engineer or contractor as part of a written scope of work or

specifications manual or on the filing drawings.

(5) Samples. LPC Staff may, prior to commencement of the work and as a condition

of approval or as a stipulation for continuing work, require that samples of work,

including samples of materials, methods and finishes, be prepared for review and

approval. The applicant may notify the LPC Staff by letter or email that the

samples are ready for review. LPC Staff may request photographs of the samples

or delivery of the samples to the LPC Staff member prior to the site visit. Work

may not commence or proceed until LPC Staff has approved the sample(s). With

respect to a request for samples:

(i) Samples of joint preparation for repointing work at primary facades of a

small size and at locations requiring repointing will be provided prior to

raking or cutting the entire façade(s);

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(ii) The applicant must provide at least two (2) samples of pointing, masonry

repairs, and/or replacement unit masonry, of a size to be determined by

LPC Staff, and the samples must be located at areas requiring the repairs

where reasonable and feasible;

(iii) Samples must be adequately set or dried prior to photographing or

contacting LPC Staff to arrange for a site inspection;

(iv) Samples approved by LPC Staff will serve as the standard for the entire

job; and

(v) For certain scopes of work, such as large amounts of masonry replacement

or façade reconstruction, LPC Staff may require a separate sign-off of the

samples, including stopping work and submission of photographs or a site

visit, once a portion of the work, as stipulated by LPC Staff, has been

completed.

(6) Shop drawings. LPC Staff may, prior to issuance of a permit, or prior to

commencement of the work and as a condition of approval or as a stipulation for

continuing work, require the submission and approval of shop drawings for the

in-kind replacement of significant architectural features.

(7) Environmental conditions. The repair, restoration, replacement, or

reconstruction of mortar joints and unit masonry will be performed only when

the temperature remains at a constant 45 degrees Fahrenheit or above for a 72-

hour period from the commencement of the work. Other means and methods for

providing a comparable controlled environment, such as providing heated

enclosures or heating the material itself, may be considered on a case-by-case

basis subject to review and approval by LPC staff.

provided documentation, assessment, and specifications, as applicable, LPC Staff will

approve repair or restoration of deteriorated façade materials and features as provided

below.

(1) Cleaning and removal of paint and coatings. LPC Staff will approve cleaning

and removing paint and coatings from exterior masonry and cast iron facades if

the proposed work meets all of the following applicable criteria:

(i) Cleaning and paint removal products and methodologies will provide for

the gentlest effective method to avoid causing damage to the masonry; and

(ii) Water pressure will be the lowest necessary to clean and remove paint or

coatings and will not exceed 300 psi for cast iron or 500 psi for masonry.

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(2) Painting and coating of facades.

(i) Painting facades and features that were originally or historically painted

and are currently unpainted. LPC Staff will approve painting facades and

building features that historically were painted in order to protect them

from damage or return them more closely to their historic appearance if the

proposed work meets all of the following applicable criteria:

(A) The paint will match original or historic paint in terms of physical

and aesthetic characteristics, and the color will be in keeping with the

historic color palette of the building’s type, style, and age, except that

in the case of historic masonry the proposed color will match the

color of the underlying masonry, unless the color is part of a

significant later alteration. For Individual Landmarks, if a substantial

portion of the paint on a primary façade is being removed, the

applicant must perform a paint analysis unless one already exists;

(B) A particular finish that is already required pursuant to an LPC

Modification of Use or Bulk, or was an important criterion for an

approval of a Certificate of Appropriateness application, will be

maintained.

(ii) Painting non-original or altered features or facades. LPC Staff will

approve the painting of facades or features that are not original, or were

altered or damaged prior to designation, in order to improve their

appearance or conceal non-original materials, if the proposed work meets

all of the following applicable criteria:

(A) The paint will blend with the surrounding materials, helping the

feature recede from view; or

(B) The paint will be harmonious with other elements on the building or

adjacent buildings, thereby helping unify the appearance and

relationship of the elements.

not require a permit, provided the existing condition is grandfathered

or approved by the Commission. Any perceptible change in color

will require a permit, subject to the conditions set forth in paragraph

(2) (A) and (B) of this subdivision. See subparagraph (iii) below for

use of non-paint coatings, as applicable.

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(iii) Coating masonry facades and features. LPC Staff will approve coating

masonry facades and building features with non-paint material, such as a

mineral coating or stain that is absorbed into the substrate and/or bonds

with it, in order to protect them from damage, if the proposed work meets

all of the following applicable criteria:

(A) Water infiltration has occurred or is occurring through the façade or

feature due to its deteriorated surface condition; or

(B) The base of the façade has been subjected to graffiti on a recurring

basis; and

with a dull finish to maintain the appearance of the underlying

masonry unless some coloration is desirable to conceal prior non-

matching repairs or surface damage; and

(D) The coating will not be a waterproofing product, unless such product

already exists on the building façade or feature and cannot be

removed without damaging the underlying material, and the scope of

recoating is limited to touching up small areas. A larger scope of

recoating, or complete recoating, may not be approved if there is

potential for diminishing breathability and damaging the façade or

feature due to build-up of multiple layers of the coating.

(3) Pointing of mortar joints. LPC Staff will approve raking, cutting and pointing

mortar joints with a cementitious mortar mix, if the proposed work meets all of

the following applicable criteria:

(i) The mortar will match original or historic mortar in terms of physical and

aesthetic characteristics. For Individual Landmarks a mortar analysis must

be performed if a substantial amount of the primary façade is being

repointed;

(ii) The mortar type will be of a strength less than, and permeability greater

than, that of the masonry unit, and the mortar mix will typically consist of

lime, white or gray Portland cement, and sand, plus pigments as required;

(iii) If the façade has been previously pointed in a color, texture or tooling not

matching the original or historic mortar, and only limited areas of the

façade require repointing, the mortar may match the existing mortar;

(iv) If the majority of mortar joints have been previously widened by improper

cutting to the extent that it changes the character of the brickwork, the

mortar may be an alternative color, texture or tooling that helps to unify the

appearance of the façade; and

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(v) The joints will be raked by hand without power tools, except that wide

joints may be mechanically cut with power tools if specifications for

execution are provided to ensure there will be no over-cutting into masonry

or widening of mortar joints which would cause irreversible damage to the

brick.

(4) Repair of natural and cast stone. LPC Staff will approve the repair of natural

and cast stone (concrete mixtures that employ molded shapes, decorative

aggregates, and masonry pigments to simulate natural stone) elements if the

proposed work meets all of the following applicable criteria:

(i) For rusticated stone, special decorative elements, and types of stone which

are difficult to recreate with a cementitious patch, LPC Staff will approve

an application to reset, re-tool or consolidate the significant fabric, or

install Dutchmen. As used in this subparagraph, the term "Dutchman"

refers to any new or matching salvaged stone fitted into the existing facade

stone as follows:

(A) The Dutchman repair will match original or historic stone in terms of

its physical and aesthetic characteristics; and

(B) Materials and methods for adhesives and/or anchoring will be

compatible with the stone, and will be discreet or concealed from

view.

(ii) For other types of stone, LPC Staff will approve an application to remove

the original stone surface and patch or resurface it with a cementitious mix,

if the proposed work meets all of the following applicable criteria:

(A) The deteriorated portions of the stone will be cut back to sound stone

and the new surface keyed into the sound stone with a tinted

cementitious patching compound or built up in successive layers

using a cementitious mix with the top layer tinted, and will match

original or historic stone in terms of its physical and aesthetic

characteristics;

(B) Materials and methods for anchoring will be compatible with the

stone and the cementitious patching compound or mix, and will be

discreet or concealed from view.

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(5) Repair of fired clay and ceramic unit masonry (including brick and terra

cotta). LPC Staff will approve an application to repair brick, glazed terra cotta or

other fired unit masonry surfaces if the proposed work meets all of the following

applicable criteria:

(i) Repairs will match the original or historic brick or terra cotta in terms of

physical and aesthetic characteristics;

(ii) Repairs are limited to minor spalling or chipping of the brick or terra cotta

glazing;

(iii) Deteriorated areas of glazing are painted with a compatible coating to

match the original glaze finish.

(6) Repair of stucco. LPC Staff will approve an application to repair stucco

elements and surfaces, including any underlying wood or metal lathe, if the

proposed work meets all of the following applicable criteria:

(i) The stucco or cementitious patching compound will match original or

historic stucco in terms of physical and aesthetic characteristics;

(ii) Materials and methods for anchoring, fasteners, control or expansion joints,

and/or sealants will be compatible with the stucco and the underlying

material, and will be discreet or concealed from view.

(7) Repair of ornamental sheet metal. LPC Staff will approve an application to

repair sheet metal elements by removing, repairing and reinstalling existing

elements, if the proposed work meets all of the following applicable criteria:

(i) The sheet metal repair will match original or historic ornamental sheet

metal in terms of physical and aesthetic characteristics; and

(ii) Materials and methods for anchoring, fasteners, soldering, patching, filling

and/or sealants will be compatible with the ornamental sheet metal, and

will be discreet or concealed from view.

(8) Repair of cast and wrought iron and other cast or extruded ornamental

metals. LPC Staff will approve an application to repair cast, wrought or extruded

metal elements by removing, repairing and reinstalling existing elements, if the

proposed work meets all of the following applicable criteria:

(i) The cast, wrought or extruded metal repair will match original or historic

cast and wrought iron and other cast or extruded ornamental metals in

terms of physical and aesthetic characteristics;

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(ii) Materials and methods for anchoring, fasteners, welding, patching, filling

and/or sealants will be compatible with the cast and wrought iron and other

cast or extruded ornamental metals, and will be discreet or concealed from

view.

(9) Repair of wood features. LPC Staff will approve an application to repair wood

elements by removing, repairing and reinstalling existing elements, if the

proposed work meets all of the following applicable criteria:

(i) The wood repair will match original or historic wood in terms of physical

and aesthetic characteristics; and

(ii) Materials and methods for anchoring, fasteners, patching, filling, piecing-in

(“Dutchmen” repairs), consolidating, or other reinforcement will be

compatible with the wood, and will be discreet or concealed from view.

(10) Repair of other materials. LPC Staff will approve the repair of other materials

or building facades that do not fall into any of the previously described

categories, including but not limited to laminates, plastic and synthetic rubbers,

curtain walls, and poured concrete, if the repair will match original or historic

material in terms of physical and aesthetic characteristics. In connection with

such repairs, LPC Staff may approve the repair of minor portions of these other

materials with substitute materials that otherwise match the physical and

aesthetic characteristics, provided the use of substitute materials will not detract

from the original materials.

(d) Replacement of Deteriorated Architectural Features. Where the applicant has

provided adequate documentation and assessment that an architectural feature cannot

be repaired and retained, typically in the form of a descriptive analysis and

photographic and/or other evidence, LPC staff will approve replacement of such a

feature as provided below. For purposes of this subdivision, “architectural feature”

means both the individual components (e.g., cornice, lintel, band course or column)

and the material (e.g., brick, stone, wood or terra cotta) that comprise the basic façade

material.

(1) Criteria.

(i) Replacement materials and features should match the original or historic

material or feature in terms of physical and aesthetic characteristics. For

purposes of this subdivision, this means that replacement material should

be “in-kind” in terms of using the actual original or historic material and

installation techniques. In-kind replacement should be prioritized and fully

considered prior to proposing substitute materials.

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(ii) Materials other than the original or historic material (hereinafter “substitute

materials”) may be approved in some cases where the substitute material

matches or recalls the appearance of the original or historic material in

terms of texture, finish, color and details, with the expectation that it will

be long-lasting and maintained, provided the substitute material and

installation methods do not directly or indirectly damage the surrounding

original or historic material, the substitute material and/or its installation

methods are not discernible or otherwise call attention to the work, and as

provided for, and limited by, this subdivision and subdivisions (e) and (f).

Unless otherwise authorized, a substitute material may not be used to

replace all or a substantial portion of an entire façade. LPC Staff may

request a written explanation describing the reason(s) for proposing to use

a substitute material in lieu of an in-kind replacement.

(iii) Substitute materials may not be used at buildings seeking or subject to a

special permit (“Modification of Use and Bulk” or “MOU”), except where

the approval requires or anticipates the use of substitute materials, and

except if the original or historic material is no longer commercially

available and replacement in-kind is infeasible. In addition, substitute

materials may not be used on a building or portions of a building where in-

kind replacement was an important aspect of an approval of a Certificate of

Appropriateness application.

(iv) Requirements for the replacement of historic materials in-kind and the use

of substitute materials are as follows:

(A) Cast iron. Replacement of cast iron with a painted finish must be in-

kind at or below the sixth story at the primary façade(s), except that

cast aluminum or another cast metal with a painted finish may be

used. In addition to these provisions, above the sixth story at primary

façade(s) and at secondary facades, substitute materials may also be

used for limited quantities of discrete elements. At Individual

Landmarks, substitute materials may not be used.

(B) Cast metals and sheet metals. Replacement of cast metals and sheet

metals with a natural finish, and wrought metals, must be in-kind at

or below the sixth story at the primary façade(s). Above the sixth

story at primary façade(s), substitute materials may be used. At

Individual Landmarks, substitute materials may not be used.

at any location on the building. At Individual Landmarks, substitute

materials may not be used.

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(D) Cast and natural stone. Replacement of (historic) cast stone and

natural stone (other than brownstone) must be in-kind at or below the

sixth story at the primary façade(s), except substitute materials may

be used for coping elements. In addition to these provisions, above

the sixth story at primary façade(s), substitute materials may also be

used at projecting cornices and balconies with weight and/or

attachment issues when in-kind replacement has the potential to

cause additional loss of surrounding materials, as determined by a

licensed engineer; and for limited quantities of other discrete

elements that are not part of a cladding field of similar units where

physical and visual compatibility is critical. At Individual

Landmarks, substitute materials may not be used, except for coping

elements.

(E) Brownstone. Replacement of brownstone may be in-kind at the

primary façade(s), or cast stone may be used for façade elements and

features, and cast stone or stucco over backup masonry may be used

at stoops and areaway walls. At Individual Landmarks, stucco over

backup masonry may not be used.

(F) Terra cotta. Replacement of terra cotta must be in-kind at or below

the sixth story at the primary façade(s), except substitute materials

may be used for coping elements, as well as for limited quantities of

other discrete elements that are not part of a cladding field of similar

units where physical and visual compatibility is critical. In addition

to these provisions, above the sixth story at primary façade(s),

substitute materials may also be used at projecting cornices and

balconies with weight and/or attachment issues when in-kind

replacement has the potential to cause additional loss of surrounding

materials, as determined by a licensed engineer. At Individual

Landmarks, substitute material may not be used, except for coping

elements, as well as for limited quantities of other discrete elements

that are not part of a cladding field of similar units where physical

and visual compatibility is critical.

(G) Wood siding. Replacement of wood siding must be in-kind at the

primary façade(s) and at Individual Landmarks, except that fiber-

cement board may be used only if applicable building, fire or other

code(s) prohibit the use of wood siding, provided the use of the

substitute material is the minimum required by such code(s).

(H) Painted wood and sheet metal. Replacement of painted wood and

sheet metal elements must be in-kind at the primary façade(s), except

that painted wood and sheet metal elements may be used

interchangeably at façade elements that were historically used in a

similar manner, such as cornices and bay windows; and other

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substitute materials may be used at elaborate top floor cornices less

than 25 feet in length where any joints in the material would be

hidden or obscured by the design elements. Above the sixth story at

primary façade(s), substitute materials may be used. At Individual

Landmarks, substitute materials may not be used.

(I) Roofing material. Replacement of original or historic roofing,

flashing, gutters, leaders, and/or decorative elements, or replace

roofing where the original or historic roofing material has been

removed, must meet all of the following applicable criteria:

(a) The new roofing components will match the original or historic

roofing components in terms of their physical and aesthetic

characteristics; or

(b) If the original or historic roofing is existing, LPC Staff may

approve a substitute material at roofs of buildings six stories

tall or less at the primary façade if the material is not visible

from a public thoroughfare. For buildings seven stories tall or

greater, substitute materials may be used at the primary and

secondary facades if the material is not visible or minimally

visible from a public thoroughfare, where because of the height

or discreet presence the substitute material will not be

discernible or will not call attention to itself or detract from the

significant historic features of the building, or district if the

building is in a historic district. In all cases, new visible

flashing, gutters, leaders and/or decorative elements will match

the original or historic materials. All substitute materials must

satisfy the criteria of clause (c) below. This clause (b) does not

apply to Individual Landmarks or buildings seeking or subject

to a special permit (“Modification of Use or Bulk” or “MOU”).

approve a substitute material that recalls, but does not

necessarily match, the original or historic roofing in terms of

its visual characteristics (including artificial slate or clay

shingles, architectural asphalt shingles, and “solar shingles”,

which are designed to look like and function as conventional

roofing material while also producing electricity), if the

substitute material will not call attention to itself or detract

from the significant historic features of the building, or district

if the building is in a historic district, provided that any new

visible flashing, gutters, leaders and/or decorative elements

will match the original or historic materials. This clause (c)

does not apply to buildings seeking or subject to a special

permit (“Modification of Use or Bulk” or “MOU”). For

purposes of this clause (c):

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(1) If the existing roofing material is asphalt shingles, the

new roofing material can be asphalt shingles provided it

is an architectural shingle that better recalls the historic

roofing material; and

(2) Standing seam metal roofing may be replaced in kind.

(d) If the roof is a flat roof, no LPC permit is required to replace

the flat roof, including proposals to install or increase

insulation as part of the replacement. However, any alterations

or replacement of visible flashing, gutter, leaders and/or

decorative elements, or raising or installing of visible railings,

associated with the flat roof replacement will be subject to LPC

Staff and Commissioners’ review and must meet applicable

criteria as identified in this section.

(J) Where a substitute material has previously been approved as an

aspect of a Certificate of Appropriateness application, LPC Staff may

continue the use of the same or other comparable substitute material

in new applications for the same building or structure consistent with

that approval, provided the substitute material has proven to be an

acceptable match in terms of appearance and compatibility over time

with the surrounding original or historic material.

(v) Except as otherwise prohibited by the criteria of this subdivision, substitute

materials may be approved at any location on a secondary facade not

fronting on a publicly accessible thoroughfare if the substitute material will

not be discernible or will not call attention to itself or detract from the

significant historic features of the building, or district, if the building is in a

historic district.

(e) Reconstruction of Facades. For buildings in historic districts, if the entire façade

cannot be stabilized and repaired in-place, the applicant must provide a structural

conditions report from a licensed professional engineer, an assessment of the existing

materials and potential for unit masonry and other features to be salvaged and re-used,

and fully-dimensioned survey drawings of the façade. The recommendation for

reconstruction of a primary facade made by the engineer will be subject to peer review

by an structural engineer contracted with by the Commission, who must concur with

the recommendation in order for LPC staff to approve the application. Historic façade

material must be salvaged and reused to the greatest extent feasible at primary facades.

This subdivision (e) does not apply to Individual Landmarks or buildings seeking or

subject to a special permit (“Modification of Use and Bulk” or “MOU”).

(1) The façade must be reconstructed in kind in terms of wall construction, including

full-width brick and stone at the outer wythe, except that back-up masonry can be

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either brick or concrete masonry units. Existing modified architectural features

that are not significant later alterations must be recreated to match their original

or historic appearance at primary facades and visible secondary facades. For

example, if the lintels or sills have been stripped, and the modification is not a

significant later alteration, the proposal must include recreating the original or

historic sills or lintels. Substitute materials may be employed in recreating these

historic details, as provided for by subdivision (d).

(f) Re-Creation and Restoration of Missing Façade Features. LPC Staff will approve

the re-creation and restoration of building facade element(s) (including but not limited

to roofs and cornices, stoops, storefronts, window and door openings, window and door

enframements, ironwork, porches and siding) to their original or historic appearance if

they determine that the proposed work satisfies the following conditions:

(1) The restoration would not cause the removal of original fabric or significant

historic fabric (such as Victorian period features on an earlier structure) that may

have been added over time, and the authenticity of the restoration is documented

by:

(i) Photographic evidence;

(ii) Physical evidence on the building;

(iii) Original or historic drawings or documents; or

(iv) Matching buildings.

(2) If there is no available documentary evidence as described in paragraph (1) of

this subdivision, the design of the missing feature, including its physical and

aesthetic characteristics, may be based on that found on buildings of a similar age

and style that contain stylistic elements that follow a set pattern or type, in

consultation with LPC Staff. This provision does not apply to Individual

Landmarks or buildings seeking or subject to a special permit (“Modification of

Use and Bulk” or “MOU”).

(3) Materials for re-creating and restoring missing façade features must match the

original or historic materials in kind or be a substitute material that meets the

requirements of subdivision (d) of this section.

(4) The work will not result in the substantial reconstruction of the façade, unless

also meeting the requirements of subdivision (e).

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§2-12 STOREFRONTS, AWNINGS AND CANOPIES.

(a) Definitions. As used in this section, the following terms have the following meanings:

Awning. "Awning" means a metal frame clad with fabric attached above or within an

opening, or within an integral housing, at a window, door, porch or storefront to

provide protection from the weather.

Back-of-house programming. “Back-of-house programming” means that part of a

commercial or manufacturing establishment not intended for display, public use or

viewing, such as food preparation, security, storage and/or employee areas.

Bulkhead. “Bulkhead” means the part of the storefront that forms a base for one or

more display windows.

Canopy. “Canopy” means a metal frame clad with fabric that extends from a building

entrance over the sidewalk to the curb, where it is supported on vertical posts.

Display window. “Display window” means the large glazed portion of the storefront

infill, and the associated framing, above the bulkhead and below the transom,

extending pier to pier. The display window is typically used for the display of goods

and to provide daylight and visibility into the commercial space.

Facade. "Facade" means an entire exterior face of a building. See “primary façade”

definition below.

Fixed awning. "Fixed awning" means an awning with a non-retractable metal frame

clad with fabric.

Historic fabric. "Historic fabric" means a building's original or significant historic

facade construction material or ornament, or fragments thereof.

Historic Storefront. “Historic storefront” means the visual appearance of a storefront

as originally built or at a point in time after it has undergone alterations or additions

that enhance or contribute to the building’s or site’s special architectural, aesthetic,

cultural or historic character.

Landmarks Law. "Landmarks Law" refers to §3020 of the New York City Charter

and Chapter 3 of Title 25 of the Administrative Code of the City of New York.

Lintel. "Lintel" means the horizontal member or element above a door, window or

storefront opening.

LPC staff. "LPC staff" means the staff of the Landmarks Preservation Commission

acting in the Commission's agency capacity.

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Pier. “Pier” means an exterior vertical member(s) or element(s), usually of brick, stone

or metal, placed at intervals along a wall that typically separates storefront openings

within a single building or define a single storefront opening.

Primary facade. "Primary facade" means a facade facing a street or a public

thoroughfare that is not necessarily a municipally dedicated space, such as a mews or

court.

Residential awning. "Residential awning" means any awning on a residential building

and any awning on a commercial or mixed-use building except for storefront awnings.

Retractable awning. "Retractable awning" means an awning attached to a frame

which allows it to be extended out or folded or rolled back tight against the building

facade.

Roll-down gate. “Roll-down gate” means a security gate with a retracting mechanism

that allows it to roll up and down.

Security gate. “Security gate” means a movable metal fixture installed in front of a

storefront opening or bay, or inside the display window or door, to protect the store

from theft or vandalism when the store is closed.

Security gate housing (or housing). “Security gate housing,” or “housing,” means the

container that houses the rolling mechanism of a roll-down security gate.

Security gate tracks. “Security gate tracks” means the interior or exterior tracks along

the sides or top and bottom of the storefront opening or bay that hold the edges of the

roll-down gate.

Serving window. “Serving window” means an operable storefront display window, or

window assembly within a larger window or assembly, that allows direct commercial

interaction between the public and the purveyor of goods or services.

Significant feature. "Significant feature" means an exterior architectural component of

a building that contributes to its special historic, cultural, and/or aesthetic character, or

in the case of an historic district, that reinforces the special characteristics for which the

historic district was designated.

Skirt. "Skirt" means a bottom finishing piece of fabric that hangs from the lower edge

of an awning.

Storefront. "Storefront" means the first or second story area of the facade that provides

access or natural illumination into a space used for retail or other commercial purposes.

Storefront bay. “Storefront bay” means the area of a storefront defined by and

spanning two piers.

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Storefront infill. “Storefront infill” means the framing, glazing and cladding

contained within a storefront opening in the façade, including but not limited to display

windows, bulkheads and entranceways.

Storefront opening. "Storefront opening" means the area of the facade between the

piers and lintel which contains storefront infill. Steps and platforms in front of, and

leading up to, an entry door are not part of the storefront opening.

Storefront surround. “Storefront surround” means decorative elements or treatment

on the façade around the storefront opening.

Transom. "Transom" means the glazed area above a display window or door separated

from the display window or door by a horizontal framing member (“the transom bar”).

The glazing in the transom may be fixed or operable.

Terms not otherwise defined in these rules have the meanings given them in the

Landmarks Law.

(b) General.

(1) Type of storefront work. This section sets forth criteria and other standards for

proposals for new storefronts that are not re-creations or restorations of original

or historic storefronts, which instead are addressed in § 2-11(f).

(2) Related storefront work. Storefront work often involves other work that is

covered by different sections of the Commission’s rules. Specifically, applicants

for new storefronts and storefront components may also want to consult the

following rule sections for the applicable standards:

(i) Signage. The design and installation of signage and lighting must meet the

criteria set forth in § 2-13.

(ii) Heating, venting and air-conditioning. The installation of heating, venting

and air conditioning equipment and grilles must meet the criteria set forth

in § 2-21.

(iii) Restoration of storefront façade features. Restoration of storefronts and

specific architectural features must meet the criteria set forth in § 2-11(f).

(iv) Barrier-free access. Work to make storefronts accessible must meet the

criteria set forth in § 2-18.

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(3) This section does not apply to:

(i) Individual landmarks, except where specifically indicated.

(ii) Buildings subject to a building or district master plan, or other special rule

approved by the Commission, governing the installation and characteristics

of a storefront or awning.

(iii) Buildings with three or more uniform storefront openings, where the

Commission after a Public Hearing already has approved a new storefront

but not a storefront master plan

(iv) Awnings on windows that, due to their shape, size or location, will result in

an awning that will detract from the special architectural features of the

building.

(4) No permit is required for the following types of ordinary repair and routine

maintenance work on awnings:

(i) Seasonal removal and installation of Commission approved window

awnings;

(ii) Fabric patching in a matching material;

(iii) Minor repairs or adjustments to the rolling or folding arm mechanism of an

awning's frame; and

(iv) Cleaning of awning material.

storefront openings, including openings that have been infilled, for buildings in historic

districts that were designed with storefronts, and buildings that were altered historically

by the construction of ground floor storefronts, and at service entrances as provided in

paragraph (7)(iii) of this subdivision, where no significant historic fabric exists, if the

proposed work meets all of the relevant criteria set forth below:

(1) Design. The design of the new infill matches the original or historic appearance

determined pursuant to the requirements of section 2-11(f)(1) or is based on

historic storefront prototypes and details within the specific historic district and

for buildings of similar age, type and style, except that storefront infill for a

building that already has storefront infill approved pursuant to this section must

match the previously approved storefront infill in terms of the location, design

and materials of piers, the proportions of the elements of storefront infill and

finish, but allowing for minor variations in detail and finish. If the building

contains three or more uniform storefronts and at least one of the storefronts

contains most of its historic elements, a new storefront must match the historic

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design pursuant to the requirements of section 2-11(f)(1). Where the historical,

architectural or cultural significance of the building or storefront is reflected in

changes to the storefront after the initial construction, the new storefront may be

required to match the historic appearance as represented by such changes

pursuant to the requirements of section 2-11(f)(1). In all cases the design may be

modified to make the storefront meet accessibility requirements.

(2) Configuration. The configuration of the new infill is consistent with the

proportions of display windows, transoms (if necessary, given the size of the

display windows) and bulkheads of historic storefront infill.

(3) Display windows.

(i) Display windows must be fixed, except that the new infill may consist of

operable doors and/or operable windows over a fixed bulkhead provided:

(A) Operable doors feature bottom rails that match the height, and

maintain the design intent, of storefront bulkheads required by

subdivision (6) of this section;

(B) Operable windows are installed over storefront bulkheads required

by this section;

combination of these elements to avoid creating the appearance of a

void at the base of the building when the storefront windows and

doors are open; and

(D) The width of individual operable doors or windows are as large as

practicable, and when closed the operable doors or windows will

read as display windows over a bulkhead and will maintain a sense of

transparency at the base of the building. In the case of a serving

window, such window is no larger than fifty (50) percent of the

width of the storefront bay, and any mullion or other structural

element necessary to accommodate the operable window must match

the material and finish of, and be consistent with, the storefront

framing; and

(ii) Glazing in display windows and transoms must be clear, except that:

(A) a reversible, gray-scale translucent treatment may be applied to the

interior face of display window glazing, the lesser of forty-eight (48)

inches above the sidewalk or half of the height of the display

window, exclusive of transom windows; or to the interior face of a

transom window where existing interior conditions preclude the

installation of clear transom windows; or where a dropped ceiling or

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security roll-gate housing is installed in conformance with this

subdivision; or

(B) In cases where “back-of-house programming” cannot be located

anywhere other than adjacent to a storefront window, and where if

left visible to the public it would detract from the commercial

establishment, building or streetscape, or could otherwise cause a

security issue, staff may approve the application of a reversible grey-

scale translucent film to fully or partially block one (1) or (2) display

windows, subject to the following requirements: Staff may approve

the application of grey scale to one (1) display window if the

establishment has only two (2) display windows, and no more than

two (2) display windows if the establishment has three (3) or more

display windows. No grey scale may be approved if the

establishment has only one (1) display window. In approving the

installation of grey scale, the staff will consider the overall reduction

of transparency of the storefront. The construction of any temporary

partitions behind the approved greyscale film must be removed when

the film is no longer needed for the commercial establishment that

installed it. This subdivision shall also apply to individual landmarks.

(4) Framing. Storefront framing must feature profiled trim that recalls the

articulation of historic storefront framing, and may be a traditional or

contemporary type.

(5) Orientation. New infill must be installed parallel to the building’s sidewalk

and/or consistent with the plane of the facade and the location of the historic

infill, and must be set back from the face of the existing storefront surround the

minimum dimension required to avoid concealing any significant architectural

feature, including features previously concealed by existing storefront infill, but

in no event less than four (4) inches from the face of the storefront surround,

unless conditions indicate otherwise.

(6) Bulkhead. The bulkhead must be between eighteen (18) and thirty (30) inches in

height, including a stone or masonry curb, unless the historic storefront prototype

indicates a lower or higher bulkhead, in which case the bulkhead may match the

height of the historic prototype, and must feature details or materials that recall

the articulation of historic storefronts except:

(i) Where the infill is based on a traditional example or model with paneled

bulkheads, the bulkhead must feature panels and stiles, rails, and moldings

that match historic prototypes; or

(ii) Where a limited amount of existing non-original infill is being modified,

the new bulkhead may match the existing.

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(7) Entrance and Doors.

(i) Recessed entrances may have either splayed or straight returns.

(ii) The width of the entrance will match the proportions of entryways to

display windows found in historic storefronts, and will also meet minimum

requirements for accessibility.

(iii) The design of the new door will maintain the design intent of new entrance

infill required by this section, or will be a re-creation or restoration of the

original or historic door pursuant to the requirements § 2-11(f). New infill

in service entrances, such as those that historically provided egress or

access to freight elevators or had other utilitarian uses and were not

historically used for storefronts or residential entrances, may vary in

design, configuration and material in keeping with similar service

entrances found in the particular historic district where the installation

occurs. Alternatively, provided there is no significant historic fabric, a

service entrance that was not a garage opening or loading bay for vehicles,

may be removed and replaced with a storefront entrance, display window

or other storefront infill pursuant to this section.

(8) Material. If the building was constructed prior to 1900, the material of the new

infill must either match the historic material, if known, or be wood; for buildings

constructed in or after 1900, or built before and altered in or after 1900 to include

storefronts, the material of the new infill may be wood or metal or match the

historic material.

(9) Finish. New storefront infill must have a finish that recalls the finish of historic

storefronts.

(10) Interior Partitions and/or Built-In Features. Interior partitions, built-in

features and vitrines built parallel to a display window must be a minimum of

eighteen (18) inches behind the glass of the display window and:

(i) Have a surface area that blocks no more than fifty (50) percent of the area

of the display window (exclusive of the transom), not including dropped

soffits;

(ii) Have an interior quality finish and/or materials on the street facing side and

feature non-illuminated, or indirectly illuminated display(s) of graphics or

merchandise;

(iii) Are limited to a first floor storefront, except a partition or built-in feature

may also be allowed at second story storefronts of commercial buildings;

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(iv) Where such partition or built-in feature is a free-standing partition or

vitrine within the display window below the transom, the horizontal

dimension shall not block more than seventy-five (75) percent of the width

of the display window; and

(v) Dropped soffits at the ceiling may be no closer than twelve (12) inches to

the glass of the display or transom window and may be dropped the

minimum distance necessary to address the structural or other issues

requiring such dropped soffit.

(vi) This subdivision shall also apply to individual landmarks.

(11) Piers. If original or historic piers have been previously removed, the design must

include the restoration of the piers or the introduction of features that recall the

location, size, and dimension of such piers.

(12) Removal of modern cladding. If an applicant is proposing to remove modern

cladding on the storefront or the area surrounding the storefront, the applicant

must first perform probes of the material to see if historic material or elements

exist behind the modern cladding.

(i) If significant historic storefront material or elements exists underneath the

cladding, the historic material must be restored and the new storefront can

only be approved pursuant to § 2-11(f).

(ii) If a significant portion of the historic storefront surround exists underneath

the cladding, but no historic storefront infill remains, the storefront

surround must be restored, pursuant to § 2-11(f), as part of the application

for new storefront infill under this paragraph.

(13) Restoration of the original storefront opening. If the original storefront

opening has been reduced or increased in size the design must include the

restoration of the height and width of the original opening, except that:

(i) The existing storefront opening may be maintained where the size and

organization of storefront bays and entrances were altered in a way that is

consistent with other buildings within the historic district that include

storefronts, or

(ii) Where interior conditions preclude restoration to the original height (e.g.,

later structural elements or existing interior roll-gate housing or mechanical

systems) the existing storefront opening shall be enlarged or reduced to the

greatest extent feasible, and:

(A) The design of the surround is consistent with the materials and

details of the historic base of the building; and

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(B) If necessary, given the size of the display windows, the design

features an opaque glazed transom window.

(14) New door and door opening. A new door opening and door may be constructed

to provide access to an existing storefront where:

(i) The new door is on the same façade and in close proximity to an existing

storefront display window;

(ii) The new door opening will be installed in non-historic storefront infill or

through plain brick;

(iii) The width of the new door opening is the minimum necessary to provide

for a door that meets accessibility requirements and, if needed, sidelight,

and the height of the door opening is aligned with the height or the

storefront or other storefront feature and does not call undue attention to

itself; and

(iv) The design of the new door is consistent with existing storefront doors or is

consistent with the criteria for a replacement door.

(15) Security gates. LPC Staff may approve an application for roll-down security

gates and grilles on proposed storefronts where:

(i) The security gate is located behind the storefront infill and the gate is open

mesh where it covers glazed areas; or

(ii) If the roll-down security gate is mounted so that the gate rolls down on the

exterior side of the display window and door:

(A) The installation does not affect, obscure or damage historic fabric;

(B) The housing for the roll-down security gates is installed so as not to

protrude, or protrudes the least amount feasible, beyond the face of

the storefront display window or transom, and it is finished to match

the storefront framing;

sides of the storefront; and

(D) The security gate is open mesh where it covers glazed areas of the

storefront.

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(d) Awnings and Canopies at Commercial Storefronts and at Residential and Other

Buildings.

(1) Recladding and retention of existing awnings and sidewalk canopies.

(i) LPC Staff will issue a Certificate of No Effect or a Permit for Minor Work

for recladding existing awnings and sidewalk canopies if the proposed

recladding meets both of the following criteria:

(A) The awning or canopy was present at the time of designation or was

previously approved by an LPC permit; and

(B) The existing frame will be reclad in a material and finish that

conforms to the criteria set forth in subdivision (d)(2)(vii)-(ix) or

(d)(3)(ix)-(xi) of this section.

(ii) If a new storefront is being installed, an existing storefront awning or

canopy in noncompliance with the criteria set forth in paragraph (3) below

cannot be retained unless the applicant can demonstrate to LPC Staff that

the new storefront installation will not require even the temporary removal

of the existing awning or canopy.

(2) Installation of new awnings on windows, doors and porches that are not

associated with storefronts. LPC Staff will issue a Certificate of No Effect or a

Permit for Minor Work for new awnings on residential windows, doors and

porches if the proposed awning meets all of the following criteria applicable for

such installation:

(i) Awnings installed on residential windows, doors and porches will be either

retractable or fixed.

(ii) Awnings will be installed at or below the lintel, or within the window

opening, as close to the top of the window as feasible, and will conform to

the size and shape of the window or door opening.

(iii) The attachment of the awning will not cause the loss of, damage to, or hide

or obscure any significant feature.

(iv) Awnings will project at an angle and be of a length, size and slope which

are proportional to the size and height of the window or door.

(v) Awnings at occupiable terraces and architectural setbacks above the ground

floor may extend over more than one opening, so long as the overall length

of the awning is proportional to the size and length of the terrace or setback

and the depth does not exceed the depth of the terrace or setback.

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(vi) Awnings on porches will conform to the bay structure and proportions of

the porch.

(vii) All awnings on a building or portions of a mixed use building that are not

associated with storefronts must match in terms of fabric color and pattern

if installed on primary or visible secondary facades.

(viii) Awnings will be clad only with water repellant canvas with a matte finish

or other fabric of a similar appearance.

(ix) Awning fabric will consist of a solid color or vertical stripes that

harmonize with the historic color palette of the building. No lettering or

signage is permitted on awnings that are not associated with storefronts

except for an address number on an awning over an entrance, and the

numbers of such address must be no greater than six inches in height.

(3) Installation of new awnings on storefronts, display windows and doorways.

LPC Staff will issue a Certificate of No Effect or a Permit for Minor Work for

new awnings on ground story storefronts, ground or second story display

windows, and doorways if the proposed work meets all of the following criteria

applicable for such installation:

(i) The awning must be retractable on buildings which were designed with

integral retractable awning housings as part of the storefronts. In all other

cases, the awning may be either retractable or fixed. If fixed, the awning

must have a straight slope and be open at the sides. If retractable, the

awning must have a straight or curved slope and may or may not have side

panels. Retractable awnings may follow the curved configuration of the

window or door opening over which they are installed. If a display window

or doorway opening has an arched or segmental head, the awning must be

retractable if it is installed at the head of the window, but may be fixed if it

is installed at the rectilinear transom bar. Both retractable and fixed

awnings may or may not have a skirt. Awning skirts must be unframed.

The skirt height must be proportional to the height and size of the awning,

but cannot be greater than twelve (12) inches.

(ii) The attachment of the awning will not cause the loss of, damage to, or hide

or obscure any significant feature.

(iii) The awning will be installed within the storefront opening, surround or

enframement, or, if that is not possible, at or directly below or above the

lintel or transom bar, except that the awning may be attached above the

lintel where:

(A) a roll-down security gate that either was present at the time of

designation or was previously approved by the Commission makes it

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impossible to install the awning at the lintel or transom bar; or

(B) installing the awning at the lintel or transom bar will result in the

lowest framed portion of the awning being less than eight feet above

the sidewalk, and

encroachment above the lintel will be the minimum required to

accommodate the conditions described above in clauses (A) and (B),

and will not detract from the significant architectural features of the

storefront, building or, where relevant, historic district.

(iv) In cases where the storefront itself projects from the facade, the awning

will be attached to the projecting storefront below the storefront cornice or

cap.

(v) The length of the awning will not exceed the length of the storefront

opening or the associated window opening, and the edges of the awning

shall be aligned as closely as possible with the inside face of the principal

piers of the storefront, or the window or door opening.

(vi) The underside of the awning will be open.

(vii) The lowest framed portion of the awning will be at least eight (8) feet

above the sidewalk. The lowest unframed portion will be at least seven (7)

feet above the sidewalk or otherwise meet applicable Department of

Buildings and/or Department of Transportation criteria.

(viii) The awning will project at an angle and be of a length, size and slope

which are proportional to the size and height of the storefront, window or

door, as relevant.

(xi) The awning will be clad only with canvas with a matte finish or other

fabric of a similar appearance.

(x) Signs, such as lettering or graphics, are permitted to be painted on the

awning skirt only; no lettering or graphics will be permitted on the sloped

portion of the awning. The size of lettering will be proportional to the

height of the awning skirt.

(xi) Awning fabric will consist of a solid color or vertical stripes that

harmonize with the historic color palette of the building, but are not

required to match other awnings on buildings with multiple storefronts.

Incorrectly labeled in adopted text, should be “(ix)”

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(xii) Awnings installed pursuant to approvals issued in connection with a

Modification of Use or Bulk shall continue to comply with such approvals.

Unless otherwise provided for in this section, awnings installed on

Individual Landmarks and on storefront restorations approved by a

restorative approval pursuant to § 2-11(f) may be retractable or fixed, and

if fixed:

(A) Have a “lean-to” frame with no connecting part between the top bar

and the side bar installed perpendicular to the facade;

(B) The side bar perpendicular to the facade is round in shape;

(D) Feature an unframed skirt.

(4) New sidewalk canopies on certain types of buildings. Installation of new

sidewalk canopies on residential, hotel and former residential buildings or

buildings historically constructed with an accessory residential component,

including private clubs. LPC Staff will approve the installation of a sidewalk

canopy where:

(i) There is historic precedent for the installation of a canopy between the

building entrance and the sidewalk on this building, this type of building

or, if the building is located within a historic district, in the historic district;

and

(ii) The construction, installation, attachment, and height of the canopy will

conform to the requirements of the Zoning Resolution and Department of

Buildings and/or Department of Transportation requirements, but in no

event can the bottom of the canopy be less than eight (8) feet above the

sidewalk; and

(iii) The size and basic design of the canopy will be consistent with canopies

historically found at buildings of this type; and

(iv) The canopy will be clad in canvas with a matte finish or other fabric of a

similar appearance, in a color and pattern that matches or recalls historic

designs and does not distract from the building's historic color palette. The

front and side of the canopy may have the building or institutional name

and address number in numbers or letters no taller than twelve (12) inches,

and a logo of not more than 4 square feet on the street-facing end of the

canopy, but shall not have any other signage, numbering or lettering;

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(v) The underside of the canopy will be open, and the framing members may

be exposed or enclosed in canvas that closely follows the profile of the

shape of the canopy or canopy roof;

(vi) Small, simply designed fixtures may be attached to the framing underneath

the canopy, including down-light type fixtures to illuminate the sidewalk

and building entrance/walkway, heat lamps and cameras, provided such

installations are not visible except from underneath the canopy;

(vii) The installation of the canopy will not damage or cause the removal of, any

significant architectural feature;

(viii) The canopy frame will be attached to the façade and sidewalk with the

minimal number of fasteners practical, installed in mortar joints or flat,

unrelieved portions of ornamental materials, and in non-historic paving

where feasible;

(ix) The canopy has round metal poles with a painted or natural finish, in

keeping with style and age of the building;

(x) The canopy has a bowed profile, or to the extent precedents exist for such a

design, relates to the shape of the opening; and

(xi) The canopy is installed within the architectural features enframing the

opening, such as piers, cornices, lintels, and surrounds, except that where

installing the canopy within the opening enframement will result in the

lowest portion of the canopy being less than eight (8) feet above the

sidewalk, or the operation of the door impeded, a canopy may be approved

if:

(A) Sufficient space exists between the high-point of the canopy and the

underside of any projecting cornice or other ornament surround

enframing the entrance doors to visually separate the two elements;

and

(B) At its widest points, it will overlap, extend past, or obscure

ornamental elements enframing the entrance the least feasible

amount.

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§2-13 37

§2-13 SIGNAGE.

(a) Introduction. Signage was a typical feature of historic buildings that contained

commercial or manufacturing uses. Such signage included signs painted or affixed

above storefronts in signbands, signs within display windows, banners, bracket signs,

and signs hanging from underneath canopies. This rule sets forth the requirements for

LPC Staff approval of some types of storefront signage and associated lighting for such

signage. All proposals for signage not seeking a discretionary approval from another

City agency must comply with the Zoning Resolution in terms of size, placement,

projection and illumination.

(b) Definitions. As used in this section, the following words have the following meanings:

Armature. "Armature" means a metal structural support for a projecting sign.

Banner. “Banner” means an outdoor sign made of a non-rigid material with no

enclosing framework, aside from an armature, installed perpendicular to a building

façade and featuring graphics or lettering that are painted, screen-printed, or digitally

printed, which announce an establishment in a building. A banner may also include a

weight or building tie-back.

Bracket Sign. "Bracket Sign" means an outdoor sign, with two display faces, installed

perpendicular to a building façade and attached to an armature, used as an

announcement for an establishment in the building, consisting of the rigid display faces

and all letters, words, numerals, illustrations, decorations, trademarks, emblems,

symbols or their figures or characters associated with the name of the establishment

that are applied to the faces. In addition, a bracket sign may consist solely of an outline

of a shape and/or letters intended to act as a symbol or sign for the establishment.

Canopy means a metal frame clad with fabric that extends from a building entrance

over the sidewalk to the curb, where it is supported on vertical posts.

CNE. "CNE" means Certificate of No Effect as defined by §25-306 of the New York

City Administrative Code.

Establishment. "Establishment" means a manufacturing, commercial or retail business

or profession.

Façade. "Façade" means an entire exterior face of a building.

Flag. “Flag” means fabric containing graphics, an emblem, or message designed to be

flown from a wood or metal structural support mounted perpendicular to a building

façade. A flag is a sign for purposes of this section if it is used to announce an

establishment in the building. No flag as defined herein shall be used for third-party

advertising or accessory business advertising.

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§2-13 38

LPC. "LPC" means the Landmarks Preservation Commission.

LPC or Commission Staff. "LPC staff" or “Commission staff” means the staff of the

Landmarks Preservation Commission acting in the Commission's agency capacity.

PMW means a Permit for Minor Work pursuant to §25-310 of the New York City

Administrative Code.

Pier means an exterior vertical member(s) or element(s) (usually of brick, stone, or

metal), placed at intervals along a wall, which typically separates storefront openings

within a single building or defines a single storefront opening.

Sign means a fixture or area containing lettering or graphics used to advertise a store,

goods, or services.

Signage means any lettering or other graphics used to advertise a store, goods, or

services.

Signband means the flat, horizontal area on the façade, usually located immediately

above the storefront and below the second story window sill where signs were

historically attached. Signbands can also be found immediately above the storefront

display window, but below the masonry opening's lintel. A signband shall not include

the frieze of a cornice that is less than 12” in height. A signband may exist above a

second story storefront.

Significant architectural feature means an exterior architectural component of a

building that contributes to or reinforces its special historic, cultural, and aesthetic

character.

Storefront means the first or second story area of the facade that provides access or

natural illumination into a space used for retail or other commercial purposes.

Storefront infill means the framing, glazing, and cladding contained within a

storefront opening in the façade, including display windows, bulkheads, entranceways,

etc.

Storefront opening means the area of the façade between the piers and lintel, which

contains storefront infill.

Transom means a glazed area above a display window or door that is separated from

the display window or door by a horizontal framing member ("the transom bar"). The

glazing in the transom may be fixed or operable.

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§2-13 39

installations:

(1) Once a staff-level permit has been issued for a banner, a new banner of a

different design may replace the approved or current banner provided that the

original armature is maintained, and all requirements of this section continue to

be met.

(2) Where an armature existed at a location at the time of designation and

documentation shows it was used for a banner or flag, the current banner or flag

may be exchanged for a new banner or flag of a different design provided that the

original armature is maintained, and the new banner or flag is equal to or smaller

than the current banner and meets the relevant criteria in subparagraphs (5)

through (8) of paragraph (e) of this subdivision.

(3) Where an armature and banner or flag was previously approved by the

Commission, the current banner or flag may be exchanged for a new banner or

flag of a different design provided that the dimensions are equal to or smaller

than the Commission-approved installation, and the materials and finish of the

new banner or flag are consistent with the Commission approval. No neon or

other vividly bright colors will be permitted.

(4) Once a staff-level permit has been issued for painted and vinyl signage applied

directly onto the storefront glazing, the applied signage may be exchanged for

new applied signage of a different design provided that all Rule criteria continue

to be met.

(5) “For lease” or “for sale” signs and concealment of interior construction.

Temporary painted and vinyl signage, or posters, advertising that a space is for

sale or lease, or for the purpose of concealing on-going interior construction

work, may be installed at storefront and transom glazing without a LPC permit,

and may exceed the glazing coverage requirements for such signage, but must be

removed once the space is sold or leased or the interior construction is

completed.

(d) Installation of Storefront Signs. The LPC Staff will issue a CNE or PMW for a

storefront sign, other than a bracket sign, if the proposed work meets the relevant

criteria listed below:

(1) The signage is as-of-right pursuant to the Zoning Resolution and the Building

Code.

(2) The installation of signage will not damage, destroy or obscure significant

architectural features or material of the building or storefront.

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§2-13 40

(3) Signs will be installed in the signband above a storefront opening or within the

storefront opening.

(4) Signs will include dimensional letters and logos composed of wood or metal, or

painted plastic, that project no more than two inches if installed directly into

masonry or wood signbands, or directly on wood, metal, or opaque glass sign

panels mounted flat with the signband, or painted directly onto the ground floor

signband and lintels. Pin mounted letters requiring numerous attachments points

to historic masonry signbands should utilize mounting strips where feasible, and

will not be allowed in any instance on cast iron.

(5) Flat sign panels will project no more than 2 inches from the façade, and

dimensional letters on sign panels will project no more than 2 inches beyond the

panel for a total projection of four (4) inches from the façade. In the case of

dimensional letters installed on a metal channel within a transom, the channel

may be straight or slightly bowed, and the letters will not project beyond the

plane of the façade, and will be no larger than 18 inches and in no event higher

than the height of the transom glass, and the channel will be no more than 1 inch

tall. LPC Staff will not approve both a sign in the signband and a sign on a metal

channel within a transom.

(6) The sign will be proportional to the signband, but in no event will it exceed 90

percent of the area of the signband and the letters will not be higher than eighteen

(18) inches in total whether one or two lines of text is used.

(7) Signage mounted on the exterior will not be internally illuminated, except that it

may be “halo” lit with a light source behind opaque letters.

(8) One interior neon sign, or other similar non-flashing illuminated sign that utilizes

tubing and is imitative of a traditional neon sign, per display window is

permissible, provided that the sign is transparent, is installed a minimum of six

(6) inches behind the glass, does not substantially reduce the transparency of the

display window and does not exceed fifteen (15) percent of the area of the

display window or transom. Non-concealed illuminated lighting strips outlining

the display window will not be permitted. Any other illuminated signage,

including LED screens, must be at least eighteen (18) inches set back from the

inside plane of the glass of the display window or transom and must otherwise

meet the requirements in paragraph (10) of subdivision (c) of section 2-12.

(9) Painted and vinyl signage may be applied directly onto the storefront glazing,

including glazing at the doors, transom and display window. Non-illuminated

dimensional letters and logos composed of wood, metal, or painted plastic that

project no more than ¼ inch may be applied directly to the interior or exterior of

transom glazing. Signage cannot exceed more than twenty (20) percent of the

glazed area per door, transom or display window, and cannot be applied to

windows with distinctive glazing as defined in section 2-14(b), “Special

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§2-13 41

Windows and Doors”, of Title 63. For purposes of this paragraph, the percent of

the glazed area covered by signage will be calculated by the total area of the sign

as a visual object and the collective groupings of text and images, without

subtracting for voids between letters, numbers or graphics.

(10) Signage installed on the exterior may be illuminated externally with a shielded

source of light, including “halo” lit with a light source behind opaque letters, or

with a small projecting fixture twelve (12) inches or less in length or width

placed above the sign, with a maximum number of fixtures as follows: one

fixture for the first one to six (1-6) feet of storefront opening; two fixtures if the

storefront opening is between six to twelve (6-12) feet; three fixtures if the

storefront opening is between twelve to eighteen (12-18) feet; and four fixtures if

the storefront opening is between eighteen to twenty-four (18-24) feet. In no

event will the light fixture arm project more than eighteen (18) inches from the

sign. Cove fixtures must have the same finish as the sign, and if the sign projects

from the façade, the cove fixture must be an integral part of the sign.

(11) Light fixtures will be installed in areas of plain masonry, metal, or wood,

provided that the installation does not damage, destroy, or obscure significant

architectural features of the building or storefront.

(12) Lighting conduits will be concealed.

(13) Exterior light fixtures, limited in number as set forth in paragraph (10), may only

illuminate signage at signbands or sign panels, or may illuminate storefronts

and/or awnings where no signbands or sign panels are being utilized.

(14) In approving an application for signage the LPC Staff will consider the overall

amount of approved and grandfathered signage for the storefront and building. If

the LPC Staff determines that the overall amount of signage for the storefront or

building is excessive and will detract from the architectural features of the

building, the adjacent buildings, or the streetscape, the staff will require that

existing or proposed staff approved signage be eliminated or reduced. Such

signage includes but is not limited to plaques, signs on awning skirts, signage in

a signband, signage applied to the storefront glazing, flags and banner or bracket

signs. LPC Staff will not approve new signage that will result in a storefront

having more than three (3) types of signage.

(e) Installation of Banner and Bracket Signs. The LPC Staff will issue a CNE for a

banner or bracket sign if the proposed work meets all of the following criteria:

(1) The armature will be installed below the second story, or above the second story

at the lowest point to meet the minimum height criteria of the Zoning Resolution,

within the storefront opening or on the flat face of a plain masonry, wood or

metal pier, but not including cast iron, and will be mechanically fastened into the

storefront infill or into the mortar joints of a plain masonry pier, or attached to

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the framing members at the underside of a metal canopy on an industrial

building, and such installation will neither damage nor conceal any significant

architectural features of the building.

(2) Bracket signs may be supported by means of one or two projecting armatures or

may be flush mounted with a sleeve and/or concealed attachment. Banner signs

must be supported by means of a single projecting armature at the top of the

banner but may also utilize a tie-back from the bottom of the banner to the

building façade.

(3) The armature will be a metal finished to be harmonious with the storefront finish,

will be proportional to the banner or bracket sign and will be simply designed so

as not to call undue attention to itself.

(4) The display faces of the bracket sign may be made of wood or metal. If the

bracket sign has display faces, the letters, words, numerals, illustrations or

graphics may be painted or applied onto the display faces, and may be raised

slightly from the surface. Any raised features, including letters, words, numerals,

illustrations or graphics, must be made of wood or metal, or painted plastic. The

overall width, as measured from face to face, will not exceed two (2) inches, and,

if there are raised features the bracket sign shall not exceed a width of three

inches as measured from the outside plane of such raised features.

(5) The banner sign may be made of canvas with a matte finish or other fabric of a

similar appearance. Letters, words, numerals, illustrations or graphics may be

painted or applied onto one or both sides of the fabric.

(6) The display faces, fabric, and the letters, words, numerals, illustration or graphics

of a banner or bracket sign will be of a color or colors that do not detract from

the significant architectural features of the building or neighboring buildings. No

neon or other vividly bright colors will be permitted.

(7) The bracket sign will not be internally illuminated, but the display faces of a

bracket sign or banner may be externally illuminated by a lighting fixture that is

integral or attached to the sign or armature, is, if not concealed, as small and

discrete as possible and does not call attention to itself, and is finished to blend

with the sign or armature.

(8) The bracket sign may be fixed or may move freely from its points of attachment

to the armature. A banner sign must move freely from its points of attachment to

the armature, and may be tied back to the building façade. In no event will the

banner or bracket sign be made to move by mechanized or controlled means.

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§2-13 43

(9) Number of banner or bracket signs for ground floor establishments.

(i) Except for signs subject to subparagraphs (ii), (iii) and (iv) below, one

banner or bracket sign per ground floor establishment will be permitted.

(ii) In buildings with more than one ground floor establishment, one banner or

bracket sign per establishment may be installed, provided that there are no

more than two signs per twenty (20) feet of building façade fronting on a

street. The placement of the bracket sign on the building will be in close

proximity to the establishment that is identified on the bracket sign.

(iii) In buildings with more than one ground floor establishment which were

historically designed with uniform storefronts and/or signage, and where

there is not already an approved signage master plan, the design,

placement, materials, and details of all of the bracket or banner signs and

armatures must be of a consistent design that, where applicable, recalls the

historic signs.

(iv) A ground floor establishment with a corner storefront may have one banner

or bracket sign on each building façade with at least twenty (20) feet of

street frontage, provided that each façade has a primary entrance and each

banner or bracket sign is located in close proximity to an entrance, but in

no event will more than one banner or bracket sign be located within

twenty (20) feet of the corner of the building.

(10) Banner or bracket signs for upper story establishments. A single armature for a

banner or bracket sign for an upper story establishment or establishments may be

installed adjacent to the building entrance for such upper story establishments.

This armature may hold one sign for each upper story establishment, provided

such banner or bracket signs hang vertically underneath one another on the same

armature, and further provided that in no event will the total dimensions of such

banner or bracket signs, taken together, exceed the size requirements specified in

paragraph (11) below.

(11) The size of the banner or bracket sign, oriented horizontally or vertically, will

conform to the requirements of the Zoning Resolution, but in no event will the

size exceed twenty-four (24) inches by thirty-six (36) inches in districts that were

historically manufacturing or industrial in character, eighteen (18) inches by

twenty-four (24) inches in districts that were historically commercial, or twelve

(12) inches by eighteen (18) inches in districts that were historically residential in

character. Novelty shapes, such as circles, polygons and irregular shapes are

permitted, as are novelty objects, provided such shapes and objects generally fall

within the parameters described in this paragraph.

(12) The projection of the banner or bracket sign and armature beyond the property

line will conform to the requirements of the Zoning Resolution and Building

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Code, but in no event shall extend more than 40 inches from the façade in

districts that were historically manufacturing or industrial in character, eighteen

(18) inches in districts that were historically commercial, and no more than

twelve (12) inches in districts that were historically residential in character.

(13) The banner or bracket sign will be installed so that the lowest portion of the sign

is at least ten (10) feet above the sidewalk.

(14) In approving an application for a banner or bracket sign, LPC Staff will consider

the overall amount of approved and grandfathered signage for the storefront and

building. If the Staff determines that the overall amount of signage for the

storefront or building is excessive and will detract from the architectural features

of the building, adjacent buildings or streetscape the Staff will require that other

types of existing or proposed staff approved or approvable signage, including but

not limited to plaques, signs on awning skirts and signage applied to the

storefront glazing, be eliminated or reduced.

(f) Signage for Commercial Spaces Below the Sidewalk. Where a commercial

establishment has an entrance below the sidewalk level, LPC staff will issue an

approval for a sign that is installed:

(1) On a plain masonry band above the storefront opening, if one exists, and

provided the signage otherwise meets the criteria set forth in subdivision (c); or

(2) On a flat metal or wood panel attached to an existing areaway fence, and

provided:

(i) The attachment does not damage original or historic fabric or call attention

to itself or detract from significant features of the fence;

(ii) The sign panel is not more than 1 inch thick and the signage is painted or

applied to the panel; and

(iii) The panel is not bigger than twelve (12) inches by thirty-six (36) inches.

(g) Painted Wall Signs. Signs painted directly on a building facade are a traditional

method of advertising that was historically found in commercial and manufacturing

areas, typically on plain secondary facades with exposed common brick. Sometimes

they advertised a business located within the building, while other times they

advertised unrelated products or services. They typically had borders and were

primarily text, although illustrations were also common.

(1) Staff approval for painted wall signs on buildings in a historic district. With the

exception of Individual Landmarks, staff may approve an application for a sign

painted directly on the façade material of a building in a historic district if it

meets all of the following criteria:

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§2-13 45

(i) There is substantial historic precedent for painted wall signs in the historic

district or on the individual building;

(ii) There is no other painted wall sign on the building, but not including a

painted sign in a signband above a storefront opening;

(iii) There is no other painted wall sign on another building within 100 feet of

the proposed location;

(iv) The sign will be located at or above the second floor on a secondary façade

that is (A) plain brick or stucco, (B) will not cover or include any window

openings, but may cover or include bricked-in window openings; and (C)

will not detract from any significant architectural feature of the building or

adjacent building;

(v) The sign, including the border referenced below, will occupy no more than

twenty percent (20%) of the visible wall area and shall be rectilinear in

shape. For purposes of this subsection, the term “visible wall area” shall

mean the area of the secondary façade where it is most visible from the

street within two blocks of the secondary façade. The visible wall area shall

include coplanar wall surfaces that are visually contiguous at the secondary

façade, including parapets, bulkheads and additions on the building;

(vi) The sign will have a black or white solid painted border, at least two (2)

inches wide, around the sign, which contrasts with the background color of

the sign;

(vii) The sign will be set back from the primary façade a minimum of three (3)

feet and will be at least two (2) feet from significant architectural features,

including but not limited to cornices, special windows, window openings,

lintels and sills; and

(viii) The vendor tag will be located within the sign or immediately below the

sign, justified to the side or corner closest to the street, and shall be no

larger than twenty-four (24) inches by thirty-six (36) inches.

(2) The approval of an application that meets the requirements of subdivision (1)

above shall be in the form of a master plan valid for a period of ten (10) years,

unless the applicant requests that it be for a lesser term. The applicant or owner

must obtain an approval for each sign painted on the building. After the ten-year

term has expired, the property owner must reapply for a new master plan.

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§2-13 46

(h) Miscellaneous Commercial Signage.

(1) Plaques. LPC Staff will issue a CNE or PMW for plaque signage identifying

professional services, such as doctors’ offices or building management

companies, or for other retail and commercial establishments, in connection with

a storefront or other primary entrance, or on a primarily non-commercial building

that does not contain a storefront, such as a row house or small apartment

building, if the the

proposed work meets the following criteria:

(i) Is as-of-right under the Zoning Resolution and Building Code;

(ii) The plaque is installed into areas of plain, unornamented masonry or non-

historic storefront infill or otherwise will not conceal or damage significant

architectural features;

(iii) The plaque is not more than one and a half inches thick, inclusive of any

projecting lettering and/or logos; and

(ii) The plaque and letters are made of a traditional material such as metal,

glass, wood, or stone and has a finished quality; and

(v) The plaque is not larger than two (2) square feet (288 square inches) at

small residential or commercial buildings six (6) stories or less in height

and with a street frontage of forty (40) feet or less, and not larger than three

(3) square feet (432 square inches) at any other building, in a square or

rectangular configuration and the LPC Staff determines that due to

quantity, size and proportion the plaque(s) do not call undue attention to

itself or themselves or detract from the significant architectural features or

historic character of the building or district; and

(vi) If attached to a free-standing pole installed in an areaway of a free-standing

house, row house or small residential or commercial building;

(A) The pole has a dark finish and is not taller than six (6) feet;

(B) The pole is installed through non-historic paving, away from the

façade and does not obscure or hid decorative features of the building

or detract from adjacent buildings;

Subsection heading “(h)” missing in the adopted text

Repeated word “the” in the adopted text

Incorrectly labeled in adopted text, should be “(iv)”

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§2-13 47

(D) Each plaque is not larger than six (6) inches by eighteen (18) inches.

(2) Poster Boxes on Certain Types of Buildings. With respect to poster boxes on

the facades of buildings used as theaters, religious institutions, community

centers, libraries, museums, and clubs, or other buildings that traditionally used

poster boxes, LPC staff will issue an approval if the poster box:

(i) Is installed into areas of plain, unornamented masonry or otherwise will not

conceal or damage significant architectural features;

(ii) Consists of a metal or wood frame with clear glass;

(iii) Any lighting is restricted to the inside of the box with concealed wiring;

and

(iv) The LPC staff determines the size of the box does not call undue attention

to itself or detract from significant architectural features.

(3) Menu Boxes. With respect to menu boxes on storefronts used as restaurants,

LPC staff will issue an approval if there is no more than one menu box per

entrance per street and such menu box:

(i) Is installed at or near the entrance;

(ii) Is installed into areas of plain, unornamented masonry, or into non-historic

storefront material, or otherwise will not conceal or damage significant

architectural features, or is attached to an areaway fence in such a way that

does not damage original or historic fabric or call attention to itself or

detract from significant features of the fence;

(iii) Consists of a metal or wood frame with clear glass;

(iv) Is not larger than twenty-eight (28) inches by thirty (30) inches and LPC

Staff determines that because of its size it does not call undue attention to

itself or detract from significant architectural features; and

(v) Any lighting is restricted to the inside of the box with concealed wiring.

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§2-14 WINDOWS AND DOORS.

(a) Introduction.

These rules apply to proposals for work involving the installation of windows and

doors at buildings that are Individual Landmarks or are within a historic district or

scenic landmark in existing window and door openings. The rules are categorized

according to types of facades (e.g., primary facades; visible secondary facades; and

minimally visible and non-visible facades) and building types (e.g., small residential

and commercial buildings; large residential and commercial buildings). In addition,

these rules govern the creation of modified window openings and new window and

door openings, and the installation of windows and doors in such openings. Finally,

the rules cover window and door “add-ons”, such as storm windows and doors, screens

and applied films.

(b) Definitions. As used in this section, the following terms have the following meanings:

Color. "Color" means the sensible perception of hue, value and saturation

characteristics of surfaces of window and door components. In the event of

disagreement, the Munsell system of color identification will govern.

Commission. "Commission" means the Landmarks Preservation Commission as

established by §3020 of the New York City Charter.

Commissioners. "Commissioners" means the eleven Commissioners of the Landmarks

Preservation Commission, including the Chair, as established by §3020 of the New

York City Charter.

Configuration. "Configuration" means the number, shape, organization and

relationship of panes (lights) of glass, sash, frame, muntins, or tracery.

Details. "Details" means the dimensions and contours of both the stationary and

moveable portions of a window or door, and moldings.

Dutchman. “Dutchman” means a repair technique for replacing small sections of a

damaged material with new material that matches the original material.

Entrance infill. “Entrance infill” means the assembly of door(s), transom(s),

sidelight(s), spandrel(s) and other framing elements, as opposed to a singular door,

within an entrance opening.

Existing window or existing door. "Existing window" or “existing door” means the

window and/or door existing at the time of designation or a window and/or door which

has been changed subsequent to designation pursuant to a permit issued by the

Commission.

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Fenestration. "Fenestration" means the arrangement, proportioning and design of

windows in a building.

Finish. "Finish" means the visual characteristics, including color, texture and

reflectivity of exterior material. Finish can be based on the original or historic finish,

or finishes used at similar buildings in later eras of significance typical of a particular

historic district as an alternative to matching the original or historic finish.

Frame. "Frame" means the stationary portion of a window or door unit that is affixed

to the facade and holds the sash or other operable portions of the window or door.

Glazing. "Glazing" means the material, usually glass, that fills spaces between sash

members (rails, stiles and muntins), commonly referred to as panes or lights. Note:

glazing may consist of multiple layers of glass, including laminated glass and insulated

glass with or without low-e coatings, provided the glass is otherwise clear.

Head. "Head" means the upper horizontal part of a window or door frame or opening.

Historic window or historic door. "Historic window" or “historic door” means:

(1) a window or door installed at time of construction of the building; or

(2) a window or door of a type installed at time of construction of similar buildings

in similar periods and styles; or

(3) a window or door installed at time of major facade alterations 30 or more years

ago.

Jamb. "Jamb" means the side parts of a window or door frame or opening, as distinct

from head and sill.

Landmarks law. "Landmarks Law" means Title 25, Chapter 3 of the Administrative

Code of the City of New York.

Light. "Light" means a pane of glass, a window, or a sub-pane of a window or door.

Low-e. “Low-e” means a coating or sheet of material applied to glass that reduces the

amount of heat transferred through the glass, which is considered clear or untinted for

the purposes of these rules.

LPC. "LPC" means the Commission acting in its agency capacity to implement the

landmarks law.

LPC Staff. “LPC Staff” means the staff of the Landmarks Preservation Commission

acting in the Commission’s agency capacity.

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Match. "Match" means either an exact or an approximate replication. If not an exact

replication, the approximate replication must be designed so as to achieve a suitable,

harmonious and balanced result.

Meeting rail. "Meeting rail" means a sash rail in a double-hung window designed to

interlock with an adjacent sash rail.

Member. "Member" means a component part of a window or door.

Molding. "Molding" means a piece of trim that introduces varieties of outline or

curved contours in edges or surfaces as on window or door jambs and heads. Moldings

are generally divided into 3 categories: rectilinear, curved and composite-curved.

Mullion. "Mullion" means a vertical primary framing member that separates paired or

multiple windows within a single opening.

Muntin. "Muntin" means the tertiary framing member that subdivides the sash into

individual panes, lights or panels; lead "cames" are often used in stained glass

windows. Note: Muntins may be traditional true divided, or simulated divided light

(“SDL”) type; however, grids placed between two sheets of glass only are not

considered muntins.

Operation. "Operation" means the manner in which a window or door unit opens,

closes, locks, or functions (e.g., casement or double-hung). If non-operable, a window

unit (such as a side light) is identified as "fixed."

Panning. "Panning" means an applied material, usually metal, that covers the front

(exterior) surface of an existing window frame or mullion.

Permit. "Permit" means any permit, certificate or report issued by the Commission in

accordance with the provisions of the Landmarks Law.

(1) "PMW" means Permit for Minor Work as defined by §25-310 of the Landmarks

Law.

(2) "CNE" means Certificate of No Effect as defined by §25-306 of the Landmarks

Law.

(3) "C of A" means Certificate of Appropriateness as defined by §25-307 of the

landmarks law.

(4) “Report” means the report referenced in §25-318 of the Landmarks Law or a

report issued in connection with a review of work pursuant to § 856(h) of the

New York City Charter.

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Primary facade. "Primary facade" means:

(1) a façade fronting a street or public thoroughfare that is not a street, such as a

mews or court;

(2) A visible façade that possesses a level of design or significant architectural

features that are commensurate with the building’s street-fronting façade(s), and

where such façade (i) faces but does not front a street, such as a setback façade,

or (ii) is part of a dominant massing element where at least one façade is street-

fronting or street-facing, such as a tower element; and

(3) A façade with a primary entrance to the building.

Rail. "Rail" means a horizontal sash member.

Repair. "Repair" means work to correct deterioration or decay of, or damage to, a

window or door or any part thereof and to restore same, as closely as may be

practicable, to its condition prior to the occurrence of such deterioration, decay or

damage. The term "ordinary repair" refers to work that does not require a permit.

Restoration. "Restoration" means the process of returning, as nearly as possible, a

building or any of its architectural features to its original form and condition.

Sash. "Sash" means the secondary part of a window which holds the glazing in place.

It may be operable or fixed, and is usually constructed of horizontal and vertical

members. A sash may be subdivided with muntins.

Secondary facade. "Secondary facade" means a facade that does not front on a street

or a public thoroughfare and that does not possess significant architectural features that

are commensurate with the street fronting façade.

Significant architectural feature. "Significant architectural feature" means an

architectural component of a building that contributes to its special historic, cultural

and aesthetic character, or that in the case of an historic district reinforces the special

characteristics for which the district was designated.

Sill. "Sill" means the lower horizontal part of a window frame or window opening; also

the accessory member which extends as a weather barrier from frame to outside face of

wall.

Special window or special door. “Special window” or “special door” means a

window or door that possesses rare or distinctive traits reflective of its style and age,

including but not limited to:

(1) A rare shape and distinctive pattern, including but not limited to square sash with

complex arched paneling; diamond, round and oval sash; sash with intersecting

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curved muntins; and multi-light sash or door leafs with densely-gridded window

panes of thirty (30) square inches or less; and arch-headed doors. Unless

otherwise classified as a special window or special door, the following window

types are not considered special windows: square sash; square sash with simple

arched paneling (e.g., half-round arch, elliptical arch, quarter-round arch, pointed

arch); fixed or operable sash in simple arched transoms; sash with simply curved

muntins; and multi-light sash or door leafs with large panes of more than thirty

(30) square inches.

(2) Distinctive glazing, including but not limited to leaded; stained; etched; textured;

and curved glazing. Unless otherwise classified as a special window or special

door, clear or frosted glazing is not considered distinctive.

(3) Fine craftsmanship and/or distinctive materials, including bronze; brass; nickel

silver; cast metal; and elaborate carved woodwork. Unless otherwise categorized

as a special window or special door, the following are not considered fine

craftsmanship or distinctive materials: copper or other sheet metal; kalamein;

rolled steel; and extruded aluminum.

(4) Unique typology, including curved sash; bi-folding sash; operable true arch-

headed double-hung or casement sash; and monumental window or door

assemblies. Unless otherwise categorized as a special window or special door,

the following are not considered unique: pivot sash, French doors, and

casements.

(5) Age, including original windows at buildings constructed prior to 1850.

Stile. "Stile" means a vertical sash member.

Story. "Story" means a habitable floor level, including a basement but not including a

cellar.

(1) Maintenance, repair and retrofit of windows, doors and add-ons, except for

special windows and special doors if removal to an off-site location is required to

perform the work. Ordinary maintenance, minor repair and retrofits, including

modifications to improve energy efficiency and weatherization, to windows,

doors and add-ons (e.g., screens, storm windows, and films) at primary facades

and secondary facades of Individual Landmarks and buildings in historic districts

and scenic landmarks, including:

(i) In-kind replacement of clear glass, glazing putty and stops, and screens;

(ii) Prepping and repainting of windows, doors and add-ons to match the

existing color and finish;

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(iii) Replacing or installing perimeter caulking and sealants;

(iv) Repairing or replacing window or door hardware, such as hinges, knobs

and handles, but excluding ornate historic exterior hardware on special

doors;

(v) Replacing or installing weather-stripping;

(vi) Patching or straightening metal window and door components;

(vii) Patching or consolidating wood fibers or partially rebuilding wood window

and door components with Dutchmen.

(2) Interior add-ons. New interior window and door add-ons at primary facades and

visible portions of secondary facades, if the work meets all of the following

criteria applicable to the work:

(i) The work is not occurring in an Interior Landmark;

(ii) The interior add-ons have no mullions, muntins or wide frames that are

conspicuous as seen through the glazing of the primary window or door

from the exterior of the building;

(iii) The interior add-ons have clear glass or clear acrylic (including plexiglass)

or screens with a dark fabric; and/or

(iv) The add-on is an applied film and is clear.

(3) Interior and exterior add-ons at non-visible facades. New interior and exterior

window and door add-ons at non-visible portions of secondary facades if the

work is not occurring in an Interior Landmark and no significant exterior

architectural feature of the window, door or building will be lost or damaged.

(d) Installation of Exterior Add-Ons for Windows and Doors in Individual

Landmarks and Buildings in Historic Districts and Scenic Landmarks.

(1) Storm windows and doors and screens. LPC Staff may approve an application

for new exterior window and door add-ons at primary facades and visible

portions of secondary facades, provided the work meets all of the following

criteria applicable to such work:

(i) The add-on fits tightly within the window or door opening with minimal or

no sub-frame around the perimeter, and is set as far back from the plane of

the exterior wall as possible;

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(ii) The add-on will be made of wood, metal or fiberglass with a finish that

matches the color of the primary window or door frame, with clear glass;

(iii) A window add-on will have horizontal mullions or meeting rails that match

the primary window’s meeting rail or substantial mullions, is placed in the

same relative location, with no additional divisions;

(iv) A door add-on will have horizontal mullions only in conjunction with the

rails of the primary door, with no additional divisions; and

(v) The installation of the add-on will not damage or destroy any significant

feature of the window, door or building.

(2) Applied films. LPC Staff may approve an application for applied films on

windows or doors at primary facades and visible portions of secondary facades,

provided the work meets all of the following criteria applicable to such work:

(i) The applied film is clear or translucent and/or tinted in greyscale, except

that only clear film may be used for special windows or doors;

(ii) The installation is on the interior face of the glass and is reversible; and

(iii) If translucent and/or tinted, the overall installation is limited in scope so as

to not change the character of the overall fenestration of the building (for

example, applied only at bathroom windows).

(e) Special Windows and Special Doors; Any Facade.

(1) If existing original or historic special windows or special doors are deteriorated

beyond reasonable repair, as described in a condition assessment submitted by

the applicant, new windows or doors may be approved if they match the original

or historic windows and doors in terms of details, materials, operation,

configuration and finish. The assessment should generally be prepared by a

qualified architect or engineer; however, for more limited scopes of work a

contractor or other professional with preservation experience may be deemed

acceptable. For purposes of this subdivision, the criteria established for window

replacement at Primary Facades of Individual Landmarks will be used, with the

additional variations and exceptions as described in paragraph (f)(1).

(2) A window that is special due only to its glazing can be removed and reinstalled

in a new window sash that otherwise complies with the relevant criteria for

replacement of non-special windows.

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(f) Primary Facades.

(1) General criteria. New windows or doors may be approved if they match the

original or historic windows and doors in terms of details, materials, operation,

configuration and finish. Historic doors may be replaced only if they are

deteriorated beyond reasonable repair, as described in a condition assessment.

For purposes of this subdivision, the following variations and exceptions apply,

except as noted in each provision.

(i) Details. Variations in details will be permitted if such variations do not

significantly affect the visual characteristics of the window or door. LPC

Staff may approve a diminution of glazing area from the historic window

not to exceed ten (10) percent for metal windows and six (6) percent for

wood windows, except that the diminution percentages may be slightly

exceeded for specific window types due to their small size or muntin

pattern, or due to building, energy, accessibility or other code requirements

that must be met, provided that LPC Staff determines that the proposed

window will not call attention to itself or detract from the significant

architectural features of the building. In addition to the window sashes,

door leafs and frames, the new window’s or door’s muntins, mullions and

brickmolds must also match the historic condition. Simulated divided light

(“SDL”) muntins are acceptable substitutes for true divided light muntins,

provided the exterior muntins are built into the frames of the sashes and are

of the same material and there are spacers between multiple layers of glass

and interior muntins. At large residential and commercial buildings in

historic districts, spacers and interior muntins are not required.

(ii) Materials.

(A) A historic wood window or door can be replaced with wood of any

species. A historic metal window or door can be replaced with a

different metal, including replacing metal-clad windows with a non-

metal substrate material. However, Special Windows and Special

Doors may require matching the original material exactly.

(B) At small residential and commercial buildings in historic districts,

straight- and arch-headed, double-hung wood windows for which the

historic condition had no divided lights (without muntins) may be

replaced with windows of a different material, including aluminum

and fiberglass, but not including vinyl, provided the historic wood

brickmolds are retained or replicated in wood, aluminum or

fiberglass; the new windows are installed in the same plane as the

historic window; and the window and brickmolds have a matching

finish that replicates the historic finish;

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or leaded glass but did not retain such glass at the time of

designation, the replacement window does not have to match the

stained glass but can be either clear glass or recall the stained or

leaded glass window.

(iii) Operation.

(A) The upper sash of a double-hung window, or of a transom window,

may be fixed, and the direction of the swing (e.g., outward or inward)

of a casement, awning or hopper window may be changed.

(B) Except at Individual Landmarks, the historic operation of the lower

sash of a double-hung window may be changed to a hinged operation

to meet high-performance energy-efficiency or accessibility

standards or goals provided that:

(a) The operation of the lower sash is limited to an inward tilting

hopper for ventilation, except for additional inward turning

capabilities for maintenance purposes only, and the plane of the

lower sash approximates that of the historic sash;

(b) The details closely match that of the historic double-hung

window, with additional dimensional tolerances (typically

deeper sashes and frames) to accommodate thicker insulated

glazing and the change in operation at the lower sash, and such

additional minor changes do not call attention to themselves or

detract from the appearance of the building or adjacent

buildings, if in a district; and

excluding special windows, are being replaced at the same time

or as part of an approved master plan to ensure a uniform

installation and appearance.

that the historic operation of a swinging door may be changed to

fixed or reversed in swing or hinging; in addition, the historic

operation of a swinging, sliding, roll-down or overhead garage or

loading door may be substituted interchangeably;

(D) Except at Individual Landmarks, the historic operation of a pivot

window may be changed to a hinged operation matching the vertical

or horizontal orientation of the pivot operation; and

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(iv) Configuration of a door. The following exception to matching the

configuration of a historic door may apply if the door is not a Special Door

or located on an Individual Landmark: the historic configuration of equal

leaf paired doors may be changed to unequal leafs or a single leaf, if the

applicant can demonstrate an inability to meet accessibility requirements

through other modifications, provided that the new door(s) will match or

recall the configuration and details of the historic door(s), and the work

meets other relevant criteria in § 2-18.

(2) Specific criteria for primary facades.

(i) Individual Landmarks.

(A) Existing original or historic window and door openings. If original or

historic windows or doors are deteriorated beyond reasonable repair

due to physical conditions as described in a condition assessment

submitted by the applicant, new windows or doors will be approved

if they match the original or historic windows and doors in terms of

configuration, operation, details, material and finish. The assessment

should generally be prepared by a qualified architect or engineer;

however, for more limited scopes of work a contractor or other

professional with preservation experience may be deemed

acceptable.

(B) Existing non-original or non-historic window and door openings. If

the window or door opening is not original or historic, or has been

substantially modified, such as a window opening installed after the

removal of a stoop and entrance door, or a door opening installed

after the installation of a fire escape, a new window or door may be

approved if it matches or otherwise harmonizes with the

configuration, details and materials of the original or historic

windows and doors on the building.

(ii) Small residential and commercial buildings in historic districts.

(A) Applicability. For purposes of this subparagraph, a small residential

or commercial building is a building which is six stories or less in

height and has a street frontage of forty (40) feet or less, and includes

rowhouses, townhouses, mansions, detached and semi-detached

houses and carriage houses; small apartment buildings, tenements

and hotels; and small, utilitarian, commercial and loft buildings,

including cast-iron fronted buildings, department stores, banks and

office buildings. Notwithstanding the above, a corner rowhouse,

town house, mansion, detached and semi-detached house and

carriage house shall be deemed a small residential and commercial

building regardless of the length of its longest street frontage.

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(B) Existing original or historic window and door openings. New

windows installed in existing original or historic openings will be

approved if they match the historic windows in terms of

configuration, operation, details, material and finish. If original or

historic doors are deteriorated beyond reasonable repair due to

physical conditions as described in a condition assessment submitted

by the applicant, new doors replacing historic doors will be approved

if they match the historic doors in terms of configuration, operation,

details, material and finish, and new doors replacing non-historic

doors will be approved if they match the historic doors in terms of

operation, material and finish, and recall the configuration and details

of the historic doors. The assessment should generally be prepared by

a qualified architect or engineer, however for more limited scopes of

work a contractor or other professional with preservation experience

may be deemed acceptable.

the existing window or door opening is not original or historic, or has

been substantially modified, such as a window opening installed after

the removal of a stoop and entrance door, or a door opening installed

after the installation of a fire escape, the new window or door will be

approved if it matches, or otherwise harmonizes with, the

configuration, operation, details, material and finish of the historic

windows and doors on the building. The design may maintain the

existing opening or may include the modification of the height and

width of the existing opening, and may introduce new architectural

features on the area surrounding the opening, provided that:

(a) The design of the surround is consistent with or harmonious the

materials and details of the building.

(b) For modifications to entrances at the base of the building, see §

2-14(i).

(iii) Large residential and commercial buildings in historic districts.

(A) Applicability. For purposes of this subparagraph, a large residential

or commercial building means a building that is seven or more

stories in height, or has a street frontage of more than forty (40) feet,

and includes large apartment buildings and hotels, and large

commercial and loft buildings, including cast-iron fronted buildings,

department stores, banks and office buildings.

(B) Existing original or historic window and door openings. New

windows installed in existing original or historic openings will be

approved if they match the historic windows in terms of

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configuration, operation, details and finish. New doors installed in

existing original or historic openings will be approved if they recall

the historic doors in terms of configuration, operation, details and

finish.

the existing window or door opening is not original or historic, or has

been substantially modified, such as a window opening installed after

the removal of a stoop and entrance door, or a door opening installed

after the installation of a fire escape, the new window or door will be

approved if it matches, or otherwise harmonizes with, the

configuration, operation, details, material and finish of the historic

windows and doors on the building. The design may maintain the

existing opening or may include the modification of the height and

width of the existing opening, and may introduce new architectural

features on the area surrounding the opening, provided that:

(a) The design of the surround is consistent or harmonious with the

materials and details of the building.

(b) For modifications to entrances at the base of the building, see §

2-14(i).

(iv) Other buildings in historic districts.

(A) Applicability. For purposes of this subparagraph, “other buildings”

include buildings such as churches and synagogues, hospitals,

schools, libraries and the one- or two-story commercial building

known as a "taxpayer."

(B) Existing original or historic window and door openings. New

windows and doors installed in existing original or historic openings

will be approved if they satisfy the criteria in set forth in paragraph

(2) of subdivision (f) as determined by whether the other building

type is seven or more stories in height or has more than forty (40)

feet of street frontage.

the existing window or door opening is not original or historic, or has

been substantially modified, such as a window opening installed after

the removal of a stoop and entrance door, or a door opening installed

after the installation of a fire escape, the new window or door will be

approved if it matches or otherwise harmonizes with the

configuration, details, material and finish of the historic windows and

doors on the building. The design may maintain the existing opening

or may include the modification of the height and width of the

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existing opening, and may introduce new architectural features on the

area surrounding the opening, provided that:

(a) The design of the surround is consistent or harmonious with the

materials and details of the building.

(b) For modifications to entrances at the base of the building, see §

2-14(i).

(v) Buildings in Scenic Landmarks.

(A) Applicability. This subparagraph shall apply to buildings in Scenic

Landmarks that are not Individual Landmarks, and shall include such

buildings as educational centers, sports-related buildings, utility

buildings (including sheds and maintenance buildings), stables,

carriage houses, garages, boat houses, historic houses, police

stations, zoo buildings, theater and performance buildings, and

comfort stations.

(B) Existing original or historic window and door openings. New

windows and doors installed in existing original or historic openings

will be approved if they satisfy the criteria in set forth in paragraph

(2) of subdivision (f) as follows: buildings six or less stories in height

and with less than forty (40) feet of primary façade shall follow the

criteria in paragraph (2)(ii) of subdivision (f), and shall follow the

criteria in paragraph (2)(iii) of subdivision (f) if taller or with more

than forty (40) feet of primary façade.

(g) Secondary Facades; Visible Facades. This subdivision applies to new windows and

doors, and modified and new window and door openings, at visible portions of

secondary facades for all building types.

(1) Existing window and door openings. New windows and doors installed in

existing openings, whether original, historic or modified, will be approved if they

match the historic windows and doors in terms of configuration and finish.

(i) Existing window and door openings that do not contain a special window

or door can be filled in provided:

(A) If the façade is masonry, the window and door opening will be filled

in with new masonry to match the surrounding masonry, except if an

original or historic window opening is being filled in, the new

masonry must be set flush with but not toothed into the surrounding

masonry, or set slightly back of the plane of the façade, and the lintel

and sill retained, provided that the filled in openings will not detract

from the existing windows or doors on the secondary façade or the

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primary façade if such filled in windows can be seen in conjunction

with the primary façade. Notwithstanding the foregoing, original or

historic window openings at the top floor of a building built as part

of a row of identical or similar buildings, where the building retains

its original height, cannot be filled in.

(B) If the façade is sided with wood, the window or door opening can be

filled in with wood to match the existing façade, except at the top

floor of a building that was built as part of a row.

(2) Modified and new window and door openings. New windows and doors

installed in existing openings being modified by enlarging or reducing the

opening in height and/or width, or new windows and doors installed in newly

created openings, on visible portions of secondary facades will be approved if the

modified or new opening, and the window or door, meet all of the following

criteria as applicable:

(i) Modified and new window and door openings.

(A) A modified or newly created window or door opening will retain the

same general shape and pattern as existing windows and doors on the

same facade, or, where there are no existing openings, the newly

created opening will be located in a place and be of a size and shape

where it can form the basis for a regular and consistent pattern; and

that the number, size or placement of the new window or door

opening does not change the character of the facade as a secondary

and subservient facade with a high solid to void ratio;

(a) With respect to proposals for creating new window or door

openings at secondary facades of row houses or townhouses,

mansions, detached and semi-detached houses and carriage

houses, staff may approve new window openings provided that,

together with the existing openings, there is no more than one

window opening on a secondary façade of less than twenty (20)

feet, two window openings if the façade is between twenty-one

(21) and forty (40) feet, and 3 window openings if more than

forty (40) feet; the placement, pattern and sizes of windows on

the façade do not detract from significant architectural features

of the buildings or neighboring buildings if in a district; and the

original window openings on the top floor of a rear facade are

not modified, with the exception of one window opening which

may be lowered to provide access to an approved or

grandfathered balcony, terrace or deck. However, previously

altered window openings on the top floor of these building

types may be enlarged or reduced to restore or more closely

match the original window openings, as deemed appropriate by

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LPC Staff.

(b) No opening with a special window or door may be modified.

(ii) New windows and doors installed in modified and new window and door

openings approved pursuant to subparagraph (i) of this paragraph will be

approved if they match the historic windows and doors in terms of

configuration and finish, and

(A) The new window or door will not replace a Special Window or

Special Door;

(B) The new and/or modified window or door opening, and window or

door, will not detract from the significant architectural features of the

building or adjacent buildings by virtue of their proximity to such

features.

(h) Secondary Facades; Nonvisible and Minimally Visible Facades. New and modified

window and door openings, and new windows and doors installed in existing openings,

new openings, and modified openings will be approved if the proposed work meets all

of the following relevant criteria:

(1) New windows and doors in existing openings.

(i) LPC Staff will approve a new window or door in an existing opening,

provided the window or door being removed is not a special window or

special door, except that if the “Special Window” is limited to distinctive

glazing, the glazing can be removed and installed in a new window and in a

new location on the façade;

(ii) Existing window and door openings that do not contain a special window

or door can be filled in with new masonry to match the surrounding

masonry or filled in with new façade cladding to match the surrounding

façade cladding for non-masonry facades, except at the top floor of a

building built as part of a row or identical or similar buildings where the

building retains its historic height, and provided that the filled in opening

does not detract from the existing windows or doors on the secondary

façade. One (1) original or historic window opening at the top floor of a

building built as part of a row may be filled in, if the new masonry is set

slightly back of the plane of the façade and the lintel and sill are retained.

(2) Modified window and door openings.

(i) Existing window and door openings on the same floor, except as provided

below for the top floor and bottom two floors, may be modified by

enlarging or reducing the opening in height and/or width or combining

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horizontally adjacent openings, provided that at least one bay of windows

is not combined and the modified opening maintains the existing masonry

wall or cladding at the outer piers, other mullions or muntins break down

the scale of the window and the enlarged opening does not extend above or

below a floor, and there are at least eighteen (18) inches between the

enlarged opening and the windows above and below;

(A) With respect to the top floor, the historic window openings cannot be

modified except that one window opening may be lowered to provide

access to an approved or grandfathered balcony, terrace or deck,

including a new Juliette-style balcony, and the modified window

opening may be widened if necessary to meet minimum code

requirements;

(B) With respect to the bottom two floor levels of the existing building, a

modified window and door opening can combine all windows and

doors on a floor, and may span vertically between the bottom two

floor levels to create a single large opening, if the modified opening

will maintain at least twenty-four (24) inches of masonry or wall

cladding at the outer piers and between the floors above the modified

opening, and provided there is a spandrel or horizontal element of at

least twelve (12) inches that marks the location of the missing floor

and other mullions or muntins that break down the scale of the

window, except that if the modified window is to be installed in an

addition or extension that does not extend the full width of the

building, 12 (twelve) inches of masonry or wall cladding must

remain at the outer piers; and

(ii) At intersecting facades, such as those occurring at partial rear extensions,

modified and enlarged openings may not wrap continuously around the

outside or inside corners and must maintain at least 12 (twelve) inches of

separation with masonry or wall cladding.

(3) New window and door openings. The new opening must:

(i) Match or be consistent with the size and scale of existing openings and

placed so as to be consistent with an existing pattern or to create a

consistent pattern; or

(ii) Match or be consistent with the modifications to existing window and door

openings provided for in this section; and

(iii) Not detract from significant architectural features of the building or

adjacent buildings.

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(4) New windows and doors in modified existing openings and in new openings.

LPC Staff will approve new windows and doors to be installed in new openings

and existing openings modified as permitted under this subsection, provided that:

(i) The new window or door does not detract from any significant exterior

architectural feature of the building or neighboring buildings by virtue of

its proximity to such feature(s); and

(ii) If the opening has been widened, combined horizontally and/or vertically,

the new windows and doors are subdivided to give the window scale and

texture and, for purposes of this subparagraph, sliding glass doors may be

installed in a modified or new opening if the opening faces onto a deck or

the ground.

(5) For purposes of this subdivision (h), a secondary façade is “minimally visible”

if the façade is seen at such an angle that the configuration of the windows

cannot be seen or is very difficult to discern, or only a small portion of the façade

is seen through a gap in the streetwall and is visually disconnected from the

primary façade of the building.

(i) Entrance Infill, Excluding Entrances in Storefront Infill. LPC Staff will issue an

approval for new entrance infill for existing entrance openings (e.g., at primary and

secondary entries for lobbies, vestibules, service areas or egress), but not including

entrance openings in Individual Landmarks, where no significant historic fabric exists,

if the proposed work will restore the historic infill pursuant to the requirements of § 2-

11(f) or meets all of the relevant criteria set forth below:

(1) Design. The design of the new infill is based on the historic entrance prototypes

and details within the specific historic district and for buildings of similar age,

type and style, except that entrance infill for a building that already has entrance

infill approved pursuant to this section must be harmonious with the previously

approved entrance infill in terms of the design, materials and finish. At

commercial and mixed-use buildings where entrance infill and storefront infill

was installed in similar openings historically, the entrance infill can also be

removed and replaced with storefront infill pursuant to § 2-12(c) of these rules.

(2) Configuration. The configuration of the new infill is consistent with the

proportions of doors, sidelights, transoms and other features of historic entrance

infill or previously approved entrance infill.

(3) Door, transom and sidelight glazing. Glazing in doors, transoms and

sidelights must be clear, except that a gray-scale translucent treatment may be

applied the interior face of glazing where existing interior conditions preclude

the installation of clear transom windows; or at a service entrance.

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(4) Framing. Entrance framing must feature profiled trim that recalls the

articulation of historic entrance framing, and the details will be traditional or

contemporary, except that at small residential buildings the framing details

must recall traditional framing.

(5) Orientation. New infill must be installed parallel to the building’s sidewalk

and consistent with the plane of the facade, and must be set back from the face

of the existing entrance surround the minimum dimension required to avoid

concealing any significant architectural feature, including features previously

concealed by existing entrance infill, but in no event less than four (4) inches

from the face of the entrance surround.

(6) Entrances and doors.

(i) The new entrance will be accessible if feasible or required by law; and

(ii) The design of the new door will maintain the design intent of new entrance

infill required by this section, or will match the original or historic door

pursuant to the criteria for door replacement addressed in subdivision (f) of

this section.

(7) Material. If the building was constructed prior to 1900, the material of the new

infill must match the historic material, if known, or be wood; for buildings

constructed in or after 1900, or built before and altered in or after 1900 to

include entrances, the material of the new infill may be wood or metal or match

the historic material, except that:

(i) At small residential buildings of six (6) stories or less and with a street

frontage of forty (40) feet or less, the material of the new infill must match

the historic material, except that corner rowhouses, town houses, mansions,

detached and semi-detached houses and carriage houses are subject to this

clause regardless of the length of the façade with the longest street

frontage.

(ii) Service entrances, such as those that historically accessed freight elevators

or had other utilitarian uses, may be wood or metal regardless of when the

building was constructed, in keeping with similar service entrances found

within the specific historic district and for buildings of similar age, type

and style.

(8) Finish. New entrance infill must have a finish that recalls the finish of historic

or approved entrances or is otherwise harmonious with the building.

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(9) Removal of modern cladding. If an applicant is proposing to remove modern

cladding on the entrance or the area surrounding the entrance, the applicant

must first perform probes of the material to see if historic material or elements

exist behind the modern cladding.

(i) If significant historic material or elements exists underneath the cladding,

the historic material must be restored and the new entrance can only be

approved pursuant to § 2-11(f).

(ii) If a significant portion of the historic entrance surround exists underneath

the cladding, but no historic entrance infill remains, the entrance surround

must be restored, pursuant to § 2-11(f), as part of the application for new

entrance infill under this paragraph.

(10) Restoration of the original entrance opening. If the original entrance opening

has been reduced or increased in size the design may maintain the existing

entrance opening, or may include the restoration of the height and width of the

original opening, except that where interior conditions preclude restoration to

the original height (e.g., later structural elements or existing interior roll gate

housing or mechanical systems):

(i) The existing entrance opening may be enlarged or reduced to the greatest

extent feasible; and

(ii) The design of the surround is consistent with or harmonious the materials

and details of the historic base of the building.

(11) Modification of the existing entrance opening. If the existing entrance

opening is not original to the building, the proposed work may maintain the

existing entrance opening or may include the modification of the height and

width of the existing opening, and may introduce new architectural features on

the area surrounding the entrance, provided that the design of the surround is

consistent or harmonious with the materials and details of the historic base of

the building.

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§2-15 ADDITIONS: ROOFTOP AND REAR YARD ADDITIONS OR

ENLARGEMENTS.

(a) Applicability.

(1) This section addresses LPC Staff approvals for additions to existing buildings,

including rooftop, rear and side yard additions. It does not apply to additions to

buildings in scenic landmarks.

(2) This section does not apply to any building already subject to a District Master

Plan that includes criteria for additions. (See Chapters 4, 6 and 12, and the

Sunnyside Gardens Historic District guidelines.)

(3) The design and installation of additions consisting of heating, ventilation and air-

conditioning equipment must meet the requirements set forth in § 2-21. Flues and

chimneys that are part of an addition or that must be raised as a result of an

addition are included in this section.

(4) For purposes of this section, “minimally visible” means the visibility of a

portion of an addition or enlargement which, from its maximum point of

visibility, when viewed from any public thoroughfare:

(i) Projects into the maximum line of sight from such public thoroughfare no

more than twelve (12) inches in height if the addition or enlargement is less

than sixty (60) feet above the ground, projects no more than 18 inches if

the addition or enlargement is between sixty-one (61) and eighty (80) feet

above the ground, and projects no more than 24 inches if the addition or

enlargement is between eighty-one (81) and one hundred (100) feet above

the ground, and projects no more than thirty-six (36) inches if the addition

is more than one hundred (100) feet above the ground, and the visible

portion of the addition does not span more than fifty (50) percent of the

length of the façade it is seen above unless it is an open railing or other

installation with a similar open quality; or

(ii) Otherwise does not call attention to itself or detract from any significant

architectural features of the building or other buildings if in a historic

district. In determining whether an addition does not call attention to itself

or detract, LPC Staff will consider the following factors:

(A) The addition is visible at a significant distance;

(B) The addition is visible from limited vantage points, including through

alleyways, yards, or similar open portions of sites which are not

building sites;

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(D) The addition is visible in combination with other existing additions

or structures that share a similar level of visibility.

(5) For purposes of this section, the term “primary façade” means:

(i) a façade fronting a street or public thoroughfare that is not a street, such as

a mews or court;

(ii) A visible façade that possesses a level of design or significant architectural

features that are commensurate with the building’s street-fronting

façade(s), and where such façade (A) faces but does not front a street, such

as a setback façade, or (B) is part of a dominant massing element where at

least one façade is street-fronting or street-facing, such as a tower element;

and

(iii) A façade with a primary entrance to the building.

(b) Rooftop Additions of Occupiable Space; General Requirements. The following

criteria apply to all additions of occupiable space approvable by LPC Staff, subject to

specific exemptions described below. For purposes of this section, “occupiable space”

means a room or enclosure and accessory installations that are intended for human

occupancy or habitation.

(1) The addition is as-of-right for bulk, massing and height under the Building Code

and the Zoning Resolution;

(2) The installation of the addition will not damage or remove a significant feature of

the roof;

(3) The addition is not on top of an existing rooftop addition but may expand an

existing addition horizontally, and is not more than one story, with a maximum

height of eleven (11) feet as measured from the mid-point on the existing roof of

the structure on which such addition is to be constructed; and

(4) The addition is back at least three feet from the plane of the rear façade.

criteria set forth in subdivisions (b) and (g) of this section, the following criteria apply:

(1) Individual landmark. LPC Staff may approve an addition of occupiable space if

the addition and any chimney or flue that needs to be raised because of the

addition, or any railing associated with such addition, is not visible from a public

thoroughfare.

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(2) Building within a historic district. LPC Staff may approve an addition of

occupiable space if:

(i) The addition is not visible from a public thoroughfare in connection with

the primary façade, except that a required enlargement of an existing

chimney and/or exhaust flue associated with the construction of the

addition may be minimally visible in combination with either a primary or

secondary facade where:

(A) The quantity and dimension of the flue extension will be limited to

the greatest extent feasible;

(B) The proposed chimney or exhaust flue extension will be seen in

combination with other existing additions, enlargements, or other

construction of a comparable size; and

or detract from significant features of the building on which it is

located or neighboring buildings; and

(ii) The addition is not visible in connection with a secondary façade of the

building or neighboring buildings, except that an addition constructed on

top of a building seven (7) stories or greater in height can be minimally

visible over a secondary façade.

(d) Rooftop Additions of Non-occupiable Space; Specific Requirements. In addition to

the criteria set forth in subdivision (b), the following criteria apply to additions of non-

occupiable space. For purposes of this subdivision, “non-occupiable space” means

structures; stair and elevator bulkheads, skylights, satellite dishes, unenclosed decks,

pergolas, trellises, and privacy screens, fences and railings. Criteria for the installation

of heating, ventilation and air-conditioning equipment (“HVAC”) and other equipment

such as alternative or distributive energy equipment (including solar panels and wind

turbines), batteries, water tanks and emergency generators and their dunnage, are

codified in § 2-21 (“Installation of Heating, Ventilation, Air Conditioning and Other

Mechanical Equipment) of these rules.

(1) Individual landmarks.

(i) The addition or structure will not be visible in connection with the primary

façade, except such addition may be minimally visible if installed more

than sixty (60) feet above the ground; and

(ii) The addition or structure may be minimally visible in connection with a

secondary façade if the addition:

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(A) Will not be seen in connection with a distinguishing architectural

feature; and

(B) Will be finished to blend with the predominant finish of the

predominant material and/or finish of the secondary facade, or

adjacent structures or comparable adjacent features so as not to call

attention to itself.

(2) Building within a historic district.

(i) The addition or structure is no more than minimally visible in connection

with the primary façade, provided the applicant demonstrates that it is not

feasible to make the addition not visible, except that LPC Staff will

approve work that increases visibility of an existing addition or structure if

such increase is required by the Building Code or Fire Code and there is no

feasible alternative. For purposes of this paragraph, LPC Staff will

approve an elevator bulkhead adjacent to the front façade that is more than

minimally visible where the elevator shaft is in its historic location, the

elevator is not being extended to service an additional floor or floors, the

bulkhead is the minimum necessary to meet relevant codes, the bulkhead is

in a material and with a finish that relates to the primary façade or is

utilitarian and does not call undue attention to itself, and buildings with

elevator bulkheads adjacent to the front façade are commonly found in the

historic district, including the Soho-Cast Iron Historic District and the

SoHo-Cast Iron Extension, the Tribeca East, West, North and South

Historic Districts, the NoHo Historic District, the NoHo East Historic

Districts, The NoHo Extension and the Ladies Mile Historic District;

(ii) The addition or structure may be minimally visible in connection with a

secondary façade of the building or neighboring buildings.

(e) New and Enlarged Dormers on the Rear Façade of a Building within a Historic

District. LPC Staff may approve the installation of one or more non-visible dormers on

a peaked or pitched roof, where such roof is considered a significant feature, where:

(1) The design and materials of the new dormer(s) will be in keeping with the style

and type of dormers on buildings of a similar age and style, and will harmonize

with the building's fenestration pattern; and

(2) The dormer(s) is to be constructed on a peaked or pitched roof facing the rear

yard and:

(i) A new dormer or an enlarged dormer does not encompass the entire width

of the roof, and the historic roof pitch is maintained for at least twenty-four

(24) inches at both sides of the dormer; and

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(ii) The highest point of the dormer is at least eighteen (18) inches below the

existing ridgeline of the roof and set back at least eighteen (18) inches from

the plane of the rear façade, unless the building is of a type or style that

historically had a higher or lower dormer, and retains a portion of the roof

below the dormer.

(f) Rear Yard Additions on Buildings in Historic Districts but not including

Individual Landmarks. LPC Staff may approve a rear yard addition if the addition

meets the following relevant criteria:

(1) The addition is not visible from a public thoroughfare;

(2) The addition is as-of-right for bulk, massing and height under the Building Code

and Zoning Resolution;

(3) The proposed work satisfies the criteria for excavations (see § 2-16,

“Excavation”);

(4) No significant architectural features, including but not limited to decorative

lintels and/or sills, and projecting bays, but not including simple corbeled

brickwork at the top of a facade or parapet, will be lost or damaged as a result of

the construction of the addition;

(5) A majority of the buildings of a similar type that share the open space within the

interior of the block, within the historic district, feature rear yard additions or els;

(6) The depth and height of the proposed addition is not deeper than the predominant

depth or taller than the predominant height of additions or els on buildings of a

similar type, and in no event shall the proposed addition rise to the full height of

the rear facade, except that parapets and railings may extend above the

predominant height of additions, up to forty-two (42) inches above the roof or

deck surface of the addition required by the Building or Fire Codes, but must be

at least fifty (50) percent open using railings at the façade of the addition facing

the central open space of the block;

(7) The façade(s) of the addition recall(s) the character of rear facades and additions

of buildings of its type within the historic district in terms of materials and

fenestration, including:

(i) Traditional and modern materials and finishes at the façade facing the

central open space, such as brick, stucco or fiber cement siding, but

excluding exposed or painted concrete or concrete masonry units, vinyl

siding, and exterior insulated finish systems (“EIFS”). The lot-line walls

must have a neutral finished surface, but cannot be exposed or painted

concrete or concrete masonry units or vinyl siding;

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(ii) Window and door openings and configurations that will be consistent with

the criteria established in § 2-14 for new and modified windows and doors

at minimally or non-visible secondary facades; and

(iii) If the work involves combining adjacent buildings the addition expresses

the original width of each of the historic buildings.

(8) The proposed addition or enlargement will not extend to the rear lot line or

substantially eliminate the presence of a rear yard; except an addition may be

approved which fills in an enclosed central or side court that is not open to the

rear yard, and the addition is no more than one story above the existing grade.

(9) Decks. A rear façade of a building, or an existing addition or proposed addition

may include a projecting wood or metal deck that is minimally visible, provided

the deck projects from the ground or parlor floor and extends no more than eight

(8) feet from the façade it projects from, excluding steps from the deck down to

the rear yard, but in no instance shall the deck intrude into a required rear yard.

If the deck is proposed to be projecting from a proposed addition, the existence

of the deck shall not be a factor in determining the depth of the proposed

addition, as determined by paragraph (6) above.

(g) Rooftop and Rear Yard Additions; Cumulative Impact of Additions. LPC Staff

will consider the cumulative impact of occupiable rooftop and rear yard additions when

considering an application for an addition. LPC Staff will not approve a new

occupiable rooftop addition if there is an existing or approved rear yard addition, but

not including an original partial width “el”, or a new rear yard addition if there is an

existing or approved occupiable rooftop addition. For purposes of his subdivision, a

deck above the rear yard off the historic rear façade shall not count as a rear addition.

Nothing in this subdivision shall prevent LPC Staff from approving the rebuilding of

an existing rear yard or rooftop addition.

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§2-16 EXCAVATION.

(a) Introduction. Excavation on landmark sites or within historic districts must comply

with all requirements of the Department of Buildings. The purpose of this section is to

ensure that applicants demonstrate they have an understanding of the physical and

structural conditions of the building and, where relevant, adjacent buildings, and to

protect these buildings.

(b) Application Materials. Except for work exempt from these requirements as described

in paragraph (5) of this subdivision, an application for excavation work must, in

addition to any other plans and materials required for the work, include:

(1) A structural conditions report that addresses the building’s age and original

construction type, and the condition of the foundations and facades;

(2) A pre-construction site survey;

(3) A finished draft of the Department of Buildings Structural and Support of

Excavation filing drawings;

(4) A plan for monitoring the facades of any building of six (6) stories or less which

(i) was constructed before 1901;

(ii) is constructed of wood;

(iii) has an unreinforced masonry foundation; or

(iv) has a foundation of stone or brick that is affected by or adjacent to the

excavation; and

(5) An application for excavation that does not require underpinning, or requires

only limited underpinning and does not occur at or adjacent to any designated

building that falls under any of the categories described in paragraph (4), will not

be required to include the additional materials listed in paragraphs (1) through (4)

of this subdivision.

below, provided the work meets all of the following criteria and pertains to:

(1) The lowering and replacing of the lowest existing floor slab (e.g., the basement

or cellar) to increase the floor-to-ceiling height to no more than ten feet from

floor to ceiling.

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(2) The construction of new structural elements, or repairs to existing structural

elements related to a building’s infrastructure, including but not limited to

footings and foundation walls, retaining walls, pits for elevators and escalators.

(3) The construction of new architectural elements, or repairs to existing

architectural elements (including but not limited to light wells, stair-wells,

sunken terraces, in-ground pools or water features, planting beds and other

significant landscape features and significant re-grading); provided the LPC Staff

determines the effect of such work will not substantially eliminate the presence

of a rear yard, will provide for at least a five (5)-foot unexcavated planting area

at the rear of the lot, and will have no effect on significant architectural features

of the building or adjacent buildings if the work is occurring within a historic

district.

(4) The construction of a new crawlspace or cellar or basement story below an

existing addition or new, approved addition, to a depth not to exceed the lowest

story of the original building, taking into account a modification approved

pursuant to paragraph (1) of this subdivision.

(5) The work will be designed and executed in compliance with Department of

Buildings regulations under the supervision of a licensed professional engineer or

registered architect, with the goal of protecting the building’s facades and the

facades of adjacent buildings.

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§2-17 FRONT, SIDE AND REAR YARDS.

(a) Alterations to Front Areaways of Rowhouses, Townhouses, Flats, Tenements and

Other Attached Buildings.

(1) General. Areaways historically have been modified to address access and safety

concerns, and to add greenery. This includes the addition of, and modification to,

walls and fences around areaways, modification of the areaway itself,

modifications to main entrances and entrances underneath stoops, and the

addition of planting areas and planters.

(2) Alterations to areaway paving, steps, or planted areas. LPC Staff will issue an

approval for alterations to or involving paving, steps or planted areas if the work

meets all of the following relevant criteria:

(i) The work will be contained within the areaway, which is defined as the

area in front of a rowhouse, townhouse, flat, tenement or other attached

building typically constructed without a side yard, which often is enclosed

by a fence, balustrade or wall;

(ii) The work will not result in the removal or destruction of significant

architectural features;

(iii) The proposed paving materials are consistent with the paving materials

historically found in areaways and yards of buildings of a similar age and

type, or will match the adjacent sidewalk in terms of material and color;

(iv) The size and placement of the planted area, including at-grade planting

beds and built-in or attached planters, will not call undue attention to itself

or detract from significant architectural features of the building or adjacent

buildings if in a historic district;

(v) Adjustments to steps or planted areas will not substantially alter the

apparent grade of the areaway or yard. For purposes of this subparagraph:

(A) Lowering the entire areaway, including the removal of one step, to

allow at-grade access from the sidewalk to the areaway;

(B) Excavation to accommodate new steps or reconfiguration of existing

steps to improve access to a basement level entrance, including

enlarging or widening steps, will be approved, provided:

(a) The excavation and steps will occupy fifty (50) percent or less

of the square footage of the areaway;

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(b) The excavation, steps and landing are in keeping with

expanded basement entrances found on buildings of similar age

and style within the historic district; and

significant architectural features of the building or, if the

building is part of a row, do not detract from adjacent buildings

or the streetscape;

access to a basement entrance, which does not require railings or

only minimal railings (such as well-mounted handrails or simple

posts with top rails), provided the work does not affect more than

fifty (50) percent of the areaway; and

(vi) The proposed areaway changes will be compatible with the special

architectural and historic character of the building and the historic district.

(3) Garbage enclosures. LPC Staff will issue an approval for new or replacement

garbage enclosures that are not easily moveable if the work satisfies all of the

following relevant criteria:

(i) The work will be contained within the areaway defined by an existing

fence, balustrade or wall, and will not result in damage to or the removal of

architectural fabric from the building’s façade, or areaway enclosure;

(ii) The garbage enclosure will not be physically attached to the building,

areaway fence or wall, but instead will be attached to the areaway paving,

but not through historic paving material;

(iii) The garbage enclosure will be of a simple design and painted to match the

immediately adjacent façade or areaway enclosure material, or otherwise

will have a neutral or dark finish that does not call undue attention to itself;

(iv) The enclosure will be limited in footprint and height to the general

dimensions of the garbage receptacles it contains, and its size does not

detract from the overall areaway proportions and configuration, or the

building.

(4) Lampposts. LPC Staff will issue an approval for the installation of lampposts in

the areaway, defined by an existing fence, balustrade or wall, if the work meets

all of the following relevant criteria:

(i) The lamppost will not be installed through historic paving material;

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(ii) The proposed lamppost will be situated at least several feet from the

primary façade so as not to directly obscure significant architectural

features;

(iii) The proposed placement of the lamppost relates to the spacing of elements

within the areaway, such as the steps, planted areas and under-stoop

entrance, and does not conflict with the façade’s composition;

(iv) The proposed installation will not result in exposed conduit;

(v) The lamppost and lantern will be of a simple and proportional design, and

will not exceed the sills of the parlor (or second) floor windows in height;

(vi) The lamppost and lantern will be metal and have a black painted finish; and

(vii) The proposed lamppost is in keeping with similar lamppost and areaway

configurations within the streetscape and historic district.

(5) Basement/cellar level access hatches. LPC Staff will issue an approval for

basement/cellar access hatches if the work satisfies all of the following relevant

criteria:

(i) The proposed hatch will not be installed through historic paving material

where feasible;

(ii) The placement of the hatch will not damage or directly obscure any

significant architectural features of the building; and

(iii) The hatch will be constructed in wood or metal with a dark or neutral

finish, in keeping with similar utilitarian installations.

(b) Installation of New Ironwork.

(1) Scope. This subdivision concerns applications for ironwork on top of areaway or

stoop walls, or at alleyways, where the building has not previously had such

ironwork of a type found on similar building types. For example, many stoops

have been altered over time by the addition of handrails on the side or on top of

stoop walls. Applications to restore or re-create original or historic ironwork

must be made consistent with the criteria set forth in § 2-11.

(2) New ironwork at areaways, stoops, service alleys or facades where no

historic ironwork exists. LPC Staff will approve such work as follows:

(i) The installation of the new ironwork will not conceal, damage, or cause the

removal of significant architectural features;

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(ii) The new ironwork, with respect to its location on the building or property

(e.g., on top of the areaway wall or stoop wall) and its scale and visual

characteristics (including details and finish), will match or recall ironwork

typically found on buildings of similar age, style and type; and where the

building is part of a row, it is harmonious with other ironwork in the row;

(iii) The installation of the new ironwork will be harmonious with the special

architectural and historic character of the building and the historic district.

(1) Scope. This subdivision concerns applications for walls and fences at small

residential buildings, including rowhouses, townhouses, flats, and tenement

buildings. LPC Staff will approve proposals that satisfy the criteria set forth

below:

(i) New areaway wall or fence.

(A) The new wall or fence will not conceal, damage, or cause the

removal of significant architectural features; and

(B) The scale, visual characteristics and location on the building or

property of the new wall or fence will be in keeping with the age and

style of the building, and, where the building is part of a row, is

harmonious with other walls or fences in the row.

(ii) New fences at small residential buildings, including rowhouses,

townhouses, flats and tenement buildings.

(A) LPC Staff will issue an approval for a rear yard fence if the work

meets all of the following relevant criteria:

(a) The fence will not exceed six (6) feet in height;

(b) The fence will have a perforated or open design, which can

include a portion of the fence being solid, if installed along the

sidewalk at a corner building; and

most compatible with the building’s age and style, and finished

in a dark or neutral color, or clear finish. If visible, the design

and finish of a metal fence should be simple and based on

ironwork found in the district on buildings of similar type. If

the fence is made of wood, the finished side must face away

from the property if installed at the sidewalk of a corner

rowhouse.

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(d) Variations in material will be considered if the fence is not

visible from a public thoroughfare and otherwise complies with

applicable codes.

(e) A masonry wall, but not including cement masonry units

enclosing a rear yard shall be approved if not visible and is no

more than six (6) feet in height.

(B) LPC Staff will issue an approval for a metal picket fence at the side

yard of a corner rowhouse if the work meets the following relevant

criteria:

(a) The fence will match the height of an areaway fence but shall

not exceed 36 inches in height;

(b) The fence will be simply designed and have a black or dark

finish.

(2) Garden historic districts. This paragraph applies to proposals to install walls

and fences in garden-style houses and apartment buildings in districts designated

in part for the relationship between gardens and plantings and the buildings,

including but not limited to buildings in the Sunnyside Gardens Historic District

and the Jackson Heights Historic District. LPC Staff will approve applications

for walls and fences if the following relevant criteria are met:

(i) Sunnyside Gardens Historic District. In the case of the Sunnyside Gardens

Historic District, a new rear yard fence will be approved by LPC Staff if

the fence:

(A) Will enclose the immediate rear yard behind the building that was

not part of what was historically the shared common space. An

application to enclose some or all of the rear yard that was

historically part of the shared common space must be accompanied

by proof that the restrictive easement providing for common space

has lapsed and is no longer in place;

(B) Will not exceed thirty-six (36) inches in height; and

(ii) Jackson Heights Historic District. In the case of an apartment building in

the Jackson Heights Historic District, a new fence will be approved by LPC

Staff if the fence:

(A) Will be limited to the planting area around the building;

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(B) Has a black painted metal picket design that has an open quality; and

height.

(iii) Jackson Heights Historic District. In the case of an original single- or two-

family house in the Jackson Heights Historic District, LPC Staff will

approve a low brick retaining wall at the border of the sidewalk and front

yard if:

(A) The retaining wall will be as short as possible to contain erosion and

in no event is higher than five brick courses, inclusive of a coping of

brick or cast stone;

(B) The brick will closely match the brick façade of the building;

(D) The retaining wall will not incorporate a perpendicular run from the

sidewalk to the house, except a return to meet the lower stairs, which

would divide the continuous front lawns of the row; and

(E) The retaining wall will match the height and design of an adjacent

low garden wall that meets the requirements of this section or, if

there is no adjacent retaining wall, is compatible with other low

retaining walls on the block that meet the requirements of this section

in terms of height and design.

(3) Free-standing houses. LPC Staff will issue an approval for the installation of a

fence at free-standing houses if the work satisfies all of the following relevant

criteria:

(i) The fence will be placed in the side or rear yard, behind the street-facing

façade(s);

(ii) The fence will not exceed six (6) feet in height and is constructed of wood

with the finished side facing away from the property;

(iii) Variations in the height and material will be considered if the fence is not

visible from a public thoroughfare or the fence is permanently obscured

from view by vegetation and the building otherwise complies with

applicable codes.

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(d) Driveways.

(1) General criteria.

(i) New driveway. LPC Staff will approve a new driveway only in districts

where driveways are a common feature. As a general matter, these districts

are comprised of what were historically detached single-family dwellings.

If there is currently no existing curb cut, the applicant must provide

documentation that the new curb cut will comply with the Zoning

Resolution and the City Administrative Code, and that the applicant has

filed for the curb cut with the Department of Buildings and the Department

of Transportation.

(ii) Proposals to install a driveway or parking pad within the areaway or front

yard of an attached or semi-attached house, or a row house, will require

review by the full Commission at a Public Hearing.

(2) Specific criteria. LPC Staff will issue an approval to repair, alter or replace an

existing driveway, and for a new driveway and a curb cut at the front, side or rear

yard, if the work satisfies all of the following relevant criteria:

(i) Repair, alteration and replacement of an existing driveway.

(A) Repairs will match the existing driveway in terms of materials,

details and finish;

(B) The existing footprint of a driveway may be altered by widening or

creating a bump-out for turning or parking, provided the materials

match the existing materials; the alterations do not significantly

reduce the amount of green space of the yard; and the driveway is

well scaled to the yard and building;

existing driveway may be replaced as follows:

(a) If the existing driveway is an original or historic driveway and

retains its original material and design, the replacement must

match the material and design but the footprint may be altered

as provided in clause (B) of this paragraph;

(b) If the existing driveway is not an original or historic driveway,

it may be replaced with a driveway with different materials and

design provided the new driveway satisfies the criteria of

clause (E) of subparagraph (ii) of this paragraph.

(ii) New driveway where none currently exists.

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(A) The installation of the driveway and curb cut will not eliminate any

significant architectural feature, paving, or fabric from the building

or site;

(B) The proposed location and design of the driveway and curb cut will

be consistent with other buildings found in the historic district;

space within the yard and will not result in the loss or damage of a

significant landscape improvement or feature identified in the

relevant designation report;

(D) The driveway and curb cut are well scaled to the yard and building;

and

(E) The proposed driveway paving materials match the predominant

paving material and pattern within the streetscape, except staff may

approve a substitute paving material that recalls the predominant

paving material if the substitute meets applicable standards for

improving the permeability of the paved surface and otherwise does

not detract or call undue attention to itself.

(e) Accessory Ramps. LPC Staff will issue an approval for an accessory ramp for loading

or other service functions that are not intended or required for barrier-free access, if the

work satisfies all of the following relevant criteria:

(1) It is located within a service alley, or side or rear yard of a large apartment, hotel,

or commercial building;

(2) The installation will be significantly obscured by existing masonry walls or

ironwork;

(3) The proposed installation or any required excavation will not result in damage to

or the removal of significant architectural features or historic fabric, including

historic paving;

(4) The ramp will not block a window or obscure any significant architectural

features of the building;

(5) The ramp will have no switchbacks and will be constructed in a material that

matches the predominant paving or façade material, or is otherwise neutral in

appearance and does not detract from the building or streetscape; and

(6) The railings will be simply designed or based on existing ironwork found on the

building, and will have a black or neutral finish.

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§2-18 BARRIER-FREE ACCESS.

(a) Introduction.

(1) Historic structures can and should be made accessible.

(2) Accessible routes should coincide with or be located in the same general area of

regular circulation paths, and the primary entrance should be accessible wherever

possible.

(3) Proposed alterations to make a building or space accessible must comply with

applicable statutes and codes, including the American National Standard (ANSI),

the New York City Building Code, and the Americans with Disabilities Act

Standards for Accessible Design.

(4) Applications for barrier-free access should take into consideration changes to

interior spaces that may reduce grade changes at the entrance which will lessen

the level of impact of, or eliminate the need for, exterior changes.

(5) Where there is more than one acceptable approach for making a building or space

accessible, LPC Staff will approve the proposal that will allow barrier-free access

with the least impact on significant architectural features of the building and

neighboring buildings if the work is occurring in a historic district.

(6) Where proposed alterations to make a building accessible will have a major

impact on significant architectural features, LPC Staff may ask an applicant to

seek a waiver. Accessibility waivers may be granted by the Department of

Buildings after consulting with the Mayor’s Office of People with Disabilities. If

no waiver is granted the application shall be reviewed by the full Commission at

a Certificate of Appropriateness public hearing.

(7) Proposed work that does not conform to these rules, such as a wheelchair

platform lift on an Individual Landmark, will be reviewed by the full

Commission at a Certificate of Appropriateness public hearing.

(b) At-Grade Entrances. LPC Staff may issue a permit for a proposal to lower an

existing entrance at a building in a historic district or a building in a scenic landmark

that is not an individual landmark to provide an accessible at-grade entrance if the work

meets all of the following relevant criteria:

(1) The work required to bring the entrance to grade, including the removal of the

existing steps, landings, ramps, or other elevated elements at the entrance point,

will not result in damage to or the removal of significant architectural features of

the building, except as noted below;

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(2) Except as note below in clause (4), the proposal involves dropping or raising the

entrance no more than eighteen (18) inches at a prominent primary entrance and

no more than thirty (30) inches at other entrances to the building;

(3) Historic materials and features removed in connection with the work will be re-

used where possible;

(4) If the treads contain cast iron vault lights, only one tread can be removed to

create the at-grade entrance and the tread is installed flush at the entry to recall

the presence of the vault lights;

(5) A sidewalk may be modified, including sloping a sidewalk to make an entrance

accessible, provided the work meets the requirements of § 2-19 of these rules;

(6) A new door for the modified entrance shall have proportions that recall the

historic door, which may require the addition of a transom to the door opening;

and

(7) The proposed work will allow for barrier-free access for the building in the least

obtrusive manner possible.

to alter doors and door surrounds for buildings in historic districts and scenic

landmarks that are not individual landmarks to meet accessibility requirements, such as

clearance, if the work meets all of the following relevant criteria:

(1) If the existing door is original or historic:

(i) The proposed work will retain the historic fabric at the entrance, such as

sidelights, door(s), transoms, framing or door surround detailing; and

(ii) Historic doors and vestibule entrances may be altered with respect to door

swing, changing hardware and hinges, and the installation of automatic

opener hardware provided the door configuration and details are

maintained.

(2) If the existing door is not original or historic:

(i) The proposed work will retain a maximum amount of historic fabric at the

entrance, such as sidelights, transoms, framing or door surround detailing;

(ii) The door opening may be widened up to eight (8) inches if necessary to

meet applicable codes, provided that the door surround is recreated in-kind

with the necessary adjustments for the new door opening;

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(iii) The operation of replacement doors may be altered to meet required

clearances, such as paired doors that may be changed to a single door with

a fixed leaf or sidelight condition, or a single door with the appearance of

paired doors;

(iv) The width of operable leafs and sidelights may vary from the historic

condition provided that the replacement door(s) recalls the historic

detailing and general configuration;

(v) A replacement door in an alternate material may be installed to meet force

limitations in operating the leaf;

(vi) The replacement doors and accompanying elements must recall the historic

condition in terms of configuration, detailing, material (if it meets code),

and finish; and

(vii) The proposed changes to the door and door opening will not detract from

the special architectural and historic character of the building.

(d) Actuators for Automatic Doors. LPC Staff may issue an approval for proposals to

install an actuator device if the work meets all of the following relevant criteria:

(1) Door actuators installed on building facades.

(i) The push plate or actuator will be as small as feasible and located in the

least obtrusive place possible;

(ii) The actuator will not be installed through decorative features or cast iron;

(iii) The actuator will be installed on flat unornamented masonry, brick, or

metal, or at non-historic storefront infill, at a door return or side of a plain

masonry pier, and will be attached through mortar joints or seams to

minimize damage to historic fabric. Such proposed installation will to the

greatest extent feasible not result in exposed conduit; and

(iv) The installation will not call undue attention to itself or otherwise detract

from significant architectural features of the building or adjacent buildings.

(2) Door actuators installed on free-standing bollards, stanchions or posts

(collectively “posts”). If the actuator cannot be installed pursuant to paragraph

(1) of this subdivision due to façade conditions or other constraints, LPC Staff

will approve an actuator installed on a post where the post is:

(i) Installed into non-historic paving;

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(ii) Simply designed and finished to match the adjacent façade material or

other neutral finish; and

(iii) The post will be an unobtrusive presence in conjunction with the façade

and will not detract from or obscure any significant architectural features of

the building.

(e) Handrails and Areaway Alterations.

(1) LPC Staff will issue an approval for a proposed handrail on an existing

stoop or areaway steps on a building in a historic district or scenic landmark

if the work meets all of the following relevant criteria:

(i) The installation of the handrail will not damage any decorative features of

the masonry stoop walls, ironwork, or areaway enclosure;

(ii) The handrail will be simply designed and will not detract from the

significant architectural features of the building; and

(iii) The handrail will be attached to the coping of the stoop wall, inside the

stoop wall, or at the treads, whichever location the LPC Staff determines is

the least obtrusive, taking into account other such installations on the block

and the purpose of the handrail.

(2) LPC Staff will issue an approval for a proposal to alter an areaway

enclosure to accommodate an accessible entrance:

(i) If the areaway enclosure consists of historic ironwork or masonry, the

alterations are as minimal as possible to meet accessibility requirements

and the ironwork and/or masonry is finished to match the historic

condition; and

(ii) If no historic fabric exists in the areaway, the ironwork and/or masonry is

finished to match the existing conditions.

(f) Ramps. LPC Staff may issue an approval for certain ramps as specified below. For

purposes of this subdivision, a “ramp” includes the associated landing(s) and any steps

integrated into the ramp.

(1) Ramps without handrails. Ramps that do not require a handrail may be

approved on individual landmarks and buildings in historic districts and scenic

landmarks if:

(i) The installation will not result in damage to significant historic fabric,

including sidewalk paving materials or vault lights, steps and landings, or

will involve the removal or modification of discrete portions of historic

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fabric, and the fabric that is removed is re-used in connection with the

ramp work where possible;

(ii) The ramp will be constructed in materials to match the immediately

adjacent façade material or sidewalk and threshold paving, or with

utilitarian materials with a neutral finish so as to have an unobtrusive

presence on the building;

(iii) The ramp will be as short as possible, with no switch-backs, except that

LPC Staff may approve a longer ramp, with no switch-backs, if the longer

ramp will have less visual impact on the façade; and

(iv) The proposed changes will not detract from the special architectural and

historic character of the building.

(2) Ramps with handrails. Ramps that require a handrail may be approved for

buildings in historic districts and scenic landmarks that are not individual

landmarks if:

(i) The installation of the ramp and handrails will not eliminate or conceal any

significant architectural features of the building or sidewalk, or landscape

feature if in a scenic landmark, except as provided for below;

(ii) The installation is obscured or partially obscured by existing architectural

features where possible, such as ironwork or masonry walls;

(iii) The ramp will be as short as possible, with no switch-backs and

intermediate landings, except that LPC Staff may approve a longer ramp,

with no switch-backs, if they determine that the longer ramp will have less

visual impact on the façade;

(iv) For storefronts, the ramp will be confined to the storefront or building

associated with the entrance being made accessible;

(v) For buildings with deeply recessed entrance courts or areaways, a ramp

must be located within the recess, unless LPC Staff determines that a

different location provides equal accessibility with less impact on the

building;

(vi) The presence and location of the ramp will not disrupt, or will be consistent

with, the façade’s composition. For purposes of this rule, steps and landing

leading to the entryway that are extending outward to receive the ramp

should retain the historic orientation where feasible, and the favored

position for a ramp in a recessed court or areaway is presumed to be off to

one side so that it is as inconspicuous as possible, but, depending on the

façade’s composition, LPC Staff may determine that another location is

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more consistent and harmonious with the design of the façade;

(vii) Minimal excavation will be permitted to facilitate barrier-free access;

(viii) The handrail will be simply designed with the minimum number of vertical

elements permitted;

(ix) The ramp will be simply designed and constructed in materials to match

the immediately adjacent façade material or ironwork, or with utilitarian

materials with a neutral finish, whichever will result in the least obtrusive

presence on the building; and

(x) The proposed work will not detract from the special architectural and

historic character of the building, district or scenic landmark.

(g) Lifts. LPC Staff may issue an approval for a wheelchair platform lift or a chair lift on a

rail on a building in a historic district or scenic landmark, other than an individual

landmark, if the proposed work meets all of the following relevant criteria:

(1) Wheelchair platform lifts.

(i) The lift will not require significant alterations to existing fabric at the

proposed location, and any such alterations are reversible;

(ii) Only minimal historic fabric will be removed to access the lift at the

elevated position;

(iii) The lift will be located in a recessed location on the façade, or otherwise

located to not disrupt the façade’s composition, and will be obscured or

partially obscured by existing features such as ironwork or masonry walls;

(iv) The lift will be stored in the down position to minimize its visual presence;

and

(v) The lift will be finished to match the immediately adjacent façade

materials, or will have a neutral finish; and

(vi) The proposed work will not detract from the special architectural and

historic character of the building, streetscape or scenic landmark.

(2) Wheelchair and chair lifts on rails.

(i) The installation does not require any significant alterations to the existing

areaway, stoop, handrail, or building façade, and is reversible;

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(ii) The installation will require minimal attachment points through non-

decorative elements; and

(iii) The lift will be painted to match the finish of the adjacent ironwork or

masonry, or will have a neutral finish.

(iv) The proposed work will not detract from the special architectural and

historic character of the building, streetscape or scenic landmark.

(h) Replacement or Modification of Existing Commission-Approved or

Grandfathered Ramps and Lifts. If an applicant can demonstrate that it is not

feasible to replace or modify an existing ramp to meet the requirements of this section,

LPC Staff may issue an approval to modify or replace an existing Commission-

approved or grandfathered ramp or lift to meet current accessibility codes if the work

meets all of the following relevant criteria:

(1) The replacement ramp will match or be smaller and/or shorter than the existing

ramp in terms of footprint and overall rise, or is altered to the minimum degree

necessary for compliance;

(2) The replacement ramp will be constructed using materials that either match the

materials and handrail design of the existing ramp or match the adjacent façade

material and/or railing, or utilitarian materials with a neutral finish. A change in

handrail design to the minimum number of vertical elements required by code is

permitted;

(3) The platform lift and guiderails will be installed in the same locations using

existing penetrations in the building façade or other elements. Some additional

penetrations may be approved if required to meet code.

(4) The lift mechanicals will be located in the same location and will match the

footprint and height of the existing mechanicals, or will be reduced in size;

(5) The lift may be fully enclosed if necessary to meet code; and

(6) The previously approved finishes will be maintained or modified to better blend

with the adjacent façade material.

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§2-19 SIDEWALKS.

(a) General Requirements.

(1) Scope. Except as otherwise provided in subdivision (h), this section applies to

sidewalk replacement in historic districts where the paving material is a

significant feature (e.g., bluestone, granite and brick) or the location of the

sidewalk is a significant feature (e.g., “ribbon sidewalks where there is a planted

area between the curb and the sidewalk not limited to tree pits) and where the

existing sidewalks adequately recall the historic paving, either by the amount of

historic paving that remains or due to the combination of historic paving and

tinted sidewalks that exists in the district, or the location of the sidewalk. For

purposes of this section, the term “sidewalk” means the portion of the sidewalk

and curb fronting upon specific property.

(i) Appendix A of this section sets forth the list of historic districts that are

subject to the provisions of this section, except as otherwise provided in

subdivision (h). These historic districts are districts where historic paving

was a significant feature and where there currently exists sufficient historic

or tinted paving to adequately recall this historic condition. For these

districts the long-term regulatory goal is to replace non-historic paving

with paving that matches the historic paving material in terms of standard

characteristics or which adequately recalls the historic paving material

through a tinted concrete.

(ii) For historic districts designated after the effective date of these rules, the

designation report must explicitly state whether the sidewalk paving is a

significant feature and will be subject to these rules. The Commission will

maintain a list on its website and at its offices of all historic districts

subject to this rule.

(iii) In all other historic districts no approval is required from the Commission

for replacing sidewalks.

(2) Other approvals. In addition to the requirements set forth in this section, all

methods and materials for sidewalk work must conform to all applicable rules,

requirements and guidelines of the Department of Transportation (“DOT”) and

the Department of Design and Construction.

(b) Repairing, Resetting and New Bluestone Sidewalks. LPC Staff will issue an

approval to repair and/or reset existing bluestone pavers, or to install new bluestone

pavers, if the work satisfies all of the following relevant criteria:

(1) Resetting and repairing existing bluestone pavers. If intact pavers exist, they

must be preserved if they meet applicable DOT standards for thickness and size,

and must be reset pursuant to DOT standards. Small amounts of cementitious

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patching, tinted to match the color of the pavers, can be applied to preserve

existing pavers that have spalled, and the joint between pavers may be ground

down to produce a level surface.

(2) New bluestone pavers. If the existing sidewalk is missing one or more bluestone

pavers, or the existing bluestone pavers are beyond reasonable repair due to

cracking or other conditions, or the owner is proposing to install a new bluestone

sidewalk where no bluestone exists, new bluestone pavers may be installed,

consistent with the DOT specifications and installation requirements, if:

(i) The pavers will closely match the existing bluestone pavers, if any, with

respect to dimension, color and paver pattern; and

(ii) The edges of the pavers can be sawn, rubbed or thermal.

(3) Consolidation of existing bluestone pavers. If the existing sidewalk is missing

bluestone pavers, or some of the existing bluestone pavers are beyond the point

of reasonable repair due to cracking or other conditions, the existing bluestone

pavers that meet DOT standards for thickness and size may be consolidated and

tinted concrete pavers installed in the remaining area, provided:

(i) The maximum number of intact bluestone pavers will be consolidated

within the sidewalk;

(ii) Resetting of bluestone pavers will meet the requirements of paragraphs (1)

and (2) of this subdivision;

(iii) New concrete pavers are tinted and scored to match the historic bluestone

pavers;

(iv) An existing bluestone or granite curb will be retained if possible, and any

replacement curb will be granite or tinted/untinted concrete to match

adjacent curbing; and

(v) For purposes of this paragraph and subdivision (h) of this section, if the

enlargement of an existing sidewalk tree pit or sidewalk planting area, or

the installation of a new tree pit, sidewalk planting area or bioswale

requires the removal of some or all of a bluestone paver:

(A) The removal of bluestone will be the minimum necessary to meet the

applicable requirements, and

(B) The bluestone paver, or the part that is removed, will be consolidated

within the property lines if there are areas of the sidewalk that do not

have bluestone pavers, provided the paver, or part thereof, otherwise

meets applicable DOT standards.

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the sidewalk exists is not part of a bluestone sidewalk, and the owner does not intend to

install a new bluestone sidewalk consistent with the requirements of subdivision (b),

the new sidewalk must:

(1) Consist of concrete pavers scored to match the size of pavers on adjacent

sidewalks, with saw-cut joints. If the sidewalk is adjacent to a bluestone or

bluestone-tinted concrete sidewalk the new sidewalk must be tinted to match the

bluestone. If the sidewalk is not adjacent to a bluestone or bluestone-tinted

concrete sidewalk the sidewalk may be either untinted concrete to match the

adjacent sidewalk or bluestone-tinted concrete; and

(2) An existing bluestone or granite curb will be retained if possible, and any

replacement curb will be bluestone, granite or tinted/untinted concrete to match

adjacent curbing.

(3) Unique or decorative scoring patterns may be used at front entryways of large

apartment buildings, hotel or commercial buildings in historic districts if there is

evidence that the building once had such decorative paving or if decorative

scoring is a characteristic of the building type (e.g., hotel, large apartment

building or club building) and the design does not call undue attention to itself or

detract from the significant architectural features of the building or streetscape.

(4) Metal post plates, and/or bolt holes associated with detachable flood protection

barriers, may be installed in concrete sidewalks, provided the post plates are set

flush with the sidewalk and the installation does not call undue attention to itself

or detract from the building or streetscape.

(d) Vault Lights. LPC Staff will issue an approval to repair or replace existing vault

lights, re-create missing vault lights, or recall the presence of missing historic vault

lights with diamond plate if the proposed work satisfies all of the following relevant

criteria:

(1) New vault lights.

(i) New vault lights may be approved to restore missing vault lights, or to

replace existing vault lights, whether uncovered or covered by diamond

plate steel or concrete, that are beyond reasonable repair;

(ii) New vault lights will match the existing or historic vault lights in terms of

approximate panel size and overall footprint, material, finish and details;

(iii) Where no vault lights exist, the basis for the design and materials of the

new vault lights will be based on photographic or physical evidence

relating to the building or adjacent buildings, or, if no documentation

exists, the design and materials will be based on vault lights found at

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buildings of similar age, style and type;

(iv) New vault lights may be set flush with the existing sidewalk over the

original or new metal framing or over a solid concrete substrate where the

historic condition occurred at grade, or set on the original or new metal

platform where the historic condition was raised above grade.

(2) Protection of existing uncovered and deteriorated vault lights. Existing

uncovered vault lights that are in a deteriorated state and are no longer water-

tight may be protected by covering the vault lights with dark-finished diamond

plate steel. Vault lights at vertical surfaces and lower-traffic areas such as steps

and landings should remain uncovered where feasible.

(3) Protection of existing covered vault lights.

(i) Existing vault lights that are covered by diamond plate steel or concrete

may be re-covered with new dark-finished diamond plate steel;

(ii) If the existing vault lights underneath the diamond plate or concrete are

highly deteriorated or broken, they may be removed and replaced with new

vault lights in accordance with paragraph (1).

(4) Replacing diamond plate. If no vault lights are present under existing diamond

plate steel, the diamond plate steel will be replaced with new dark finished

diamond plate steel, except that if the historic district in which the building exists

is not characterized by vault lights and/or diamond plate, the staff may approve

replacing the diamond plate with concrete to match the adjacent concrete.

(e) Granite Sidewalks. LPC Staff will issue an approval to repair or reset existing granite

sidewalks, or to install new granite sidewalks, and new concrete pavers tinted to match

the existing granite pavers, if the work satisfies all of the following relevant criteria:

(1) The maximum number of intact granite pavers will be maintained or consolidated

within the property lines;

(2) Areas no longer covered by granite pavers will be replaced with new granite

pavers or concrete pavers tinted and scored to recall the size of the historic

granite pavers and saw cut;

(3) Existing granite pavers will be sliced horizontally to create new or lighter pavers,

provided that (i) the footprint of each paver is maintained and the paver is

reinstalled in approximately the same location, and (ii) the resulting paver(s) will

maintain a minimum of three to four (3-4) inch thickness and otherwise meet

DOT requirements and comply with Department of Buildings structural

requirements; and

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(4) New granite pavers will match the color, texture, dimensions and edge treatment

of the existing granite pavers and will have a slip-resistant finish in accordance

with DOT requirements.

(f) Other Sidewalk Materials. LPC Staff may issue an approval to repair, reset or

replace in-kind sidewalks of different historic materials, such as Belgian Block, brick

or special concrete aggregates, provided such material is typically found in the district.

For ribbon sidewalks, defined as sidewalks located with a grass or planting strip

between the sidewalk and the curb, the material should match the historic material or

the predominant material in the district, and the width of the sidewalk is not increased.

For unique or atypical sidewalk treatments, such as a brick sidewalk in front of a

carriage house in a district characterized by bluestone sidewalks, or a special sidewalk

approved by the Public Design Commission or its predecessor, LPC Staff may require

repair or in-kind replacement if the sidewalk treatment represents a significant historic

alteration or if removal is deemed to result in the loss of a significant historic feature.

(g) Accessible Sidewalks.

(1) Pedestrian ramps at sidewalk intersections. LPC Staff will issue an approval

to install accessible pedestrian ramps at sidewalk intersections if the proposed

work satisfies all of the following relevant criteria:

(i) For new or existing concrete sidewalks, accessible pedestrian ramps will

consist of tinted concrete to match the color, texture and scoring of the

adjacent or predominant sidewalk paving;

(ii) For existing bluestone and granite sidewalks, bluestone or granite pavers

may be cut, honed or otherwise modified to form the slope and flared sides

of the ramp, or replaced in kind to accommodate the ramp. In addition:

(A) If the existing sidewalk is predominately bluestone or granite, but the

portion of the sidewalk at the intersection that needs to be modified is

concrete, the ramp may consist of concrete tinted to match the

adjacent historic paving material;

(B) Existing bluestone or granite at the corner may be cut and moved

within the property lines to replace missing or deteriorated bluestone

pavers, and a concrete ramp, tinted to match the adjacent historic

paving material, installed at the corner; or

“neckdown” (an expansion of the sidewalk at the intersection into

the road to shorten the pedestrian crosswalk) tinted to match the

adjacent paving installed to accommodate the ramp and preserve the

historic paving material in place;

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(iii) Detectable warning units, designed to alert people who are vision impaired

that they are at an intersection, may be surface applied or imbedded into

the concrete or stone; and

(iv) The dimensions and slope of the ramp, and color differentiation for

detectable warning units comply with applicable federal, state and city

codes and requirements.

(2) Sloping sidewalks. LPC Staff will issue an approval to slope a sidewalk in order

to make a store or space accessible if the work will not damage or detract from

historic paving or, if the sidewalk is concrete, the color and scoring pattern of the

concrete matches the existing sidewalk, and the work complies with all

applicable federal, state and City codes and requirements, including the

requirements of § 2-18 of these rules, and provided that the work will not result

in damage to or concealment of significant architectural features of the building.

(h) Street trees, sidewalk planting beds and bioswales. Street trees and their associated

planting pits, sidewalk planting beds and bioswales provide important environmental

and social benefits, including providing shade and cooling, cleaning the air and

absorbing rainwater and runoff, which have important functions in addressing climate

change impacts in urban and suburban settings. LPC does not regulate the trees or

plantings, unless specifically referenced in the designation report or through historical

documentation, but only the physical change to the sidewalk to accommodate them.

Every application to expand or install a new tree pit or planting area in the sidewalk

area must also be approved by the New York City Parks Department. In historically

residential areas, and in some cases commercial areas, the presence of these features is

commonplace and has existed since the blocks were developed or shortly thereafter.

LPC Staff will issue an approval to enlarge existing tree pits and sidewalk planting

beds, or to install new tree pits, sidewalk planting beds and bioswales, if the work

satisfies all of the following relevant criteria:

(1) Existing tree pits or planting beds in portions of sidewalks abutting the curb of

the streetbed may be enlarged to accommodate tree roots or otherwise provide

additional area for planting beds and bioswales.

(2) Tree pits, planting beds and bioswales may abut and/or connect continuously

across property lines, however in no case should three or more properties be

connected continuously, to maintain at least minimal separation of these in

elements in keeping with the typical historic condition of the sidewalks, unless a

continuous planning area is documented as a historic condition at the site or

district.

(3) Tree pits, planting beds and bioswales should generally be limited to the course

of paving parallel to and abutting the sidewalk curb, and any enlargements

perpendicular to the curb should be the minimum amount necessary as

determined by an arborist due to the potential disruption to the pattern and

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clearances of the remainder of the sidewalk abutting the buildings, areaways

and/or yards of the properties.

(4) Modification of curbs for bioswales. Work affecting existing curbs must comply

with the requirements of this section with respect to replacement material, except

that a portion of an existing curb can be removed or lowered if such work is

necessary for the installation or operation of a bioswale.

(5) This subdivision applies to all sidewalks under the jurisdiction of the LPC, and

not just the sidewalks in the historic districts listed in Appendix A.

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APPENDIX A: Historic Districts Having Continued Sidewalk Regulation

List of Historic Districts as approved by adoption on December 11, 2018:

Addisleigh Park Historic District

African Burial Ground and The Commons Historic District

Audubon Terrace Historic District

Bedford Historic District

Bedford Stuyvesant/Expanded Stuyvesant Heights Historic District

Boerum Hill Historic District

Brooklyn Academy of Music Historic District

Brooklyn Heights Historic District

Carroll Gardens Historic District

Charlton-King-Vandam Historic District

Chelsea Historic District

Chelsea Historic District Extension

Clinton Hill Historic District

Cobble Hill Historic District

Cobble Hill Historic District Extension (3 buildings)

Ditmas Park Historic District

Douglaston Historic District

DUMBO Historic District

Eberhard Faber Pencil Historic District

Fieldston Historic District

Fiske Terrace-Midwood Park Historic District

Gansevoort Market Historic District

Governors Island Historic District

Gramercy Park Historic District

Gramercy Park Historic District Extension

Greenpoint Historic District

Greenwich Village Historic District

Hunters Point Historic District

Jumel Terrace Historic District

Ladies' Mile Historic District

Manhattan Avenue Historic District

Metropolitan Museum Historic District

Noho East Historic District

NoHo Historic District

NoHo Historic District Extension

Park Slope Historic District

Park Slope Historic District Extension

Park Slope Historic District Extension II

Prospect Park South Historic District

Riverdale Historic District

Sniffen Court Historic District

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SoHo-Cast Iron Historic District

SoHo-Cast Iron Historic District Extension

South Village Historic District

South Street Seaport Historic District

South Street Seaport Historic District Extension

St. George/New Brighton Historic District

St. Mark's Historic District Extension

St. Mark's Historic District

St. Nicholas Historic District

St. Paul’s Avenue-Stapleton Heights Historic District

Stone Street Historic District

Stuyvesant Heights Historic District

Stuyvesant Square Historic District

Tribeca East Historic District

Tribeca North Historic District

Tribeca South Historic District

Tribeca South Historic District Extension

Tribeca West Historic District

Vinegar Hill Historic District

Wallabout Historic District

List of Historic Districts added after adoption:

Boerum Hill Historic District Extension

Fort Greene Historic District

Park Terrace Historic District

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§2-20 HEALTH, SAFETY AND UTILITY EQUIPMENT.

(a) Introduction. Buildings may be required to have a variety of equipment related to

particular health, safety and utility maintenance. These types of installations can be

mandated by the Fire and Building Codes (e.g., fire alarm bells and Siamese

connections) or by utilities (e.g., gas and electricity meters). Other equipment is not

required by law but is commonly used for safety reasons (e.g., window security bars,

security cameras, lighting and intercom panels). Given the relatively small and/or

discrete nature of these types of installations, their physical requirements and

constraints, and their ubiquitous presence throughout the city, these types of equipment

can be installed without having a significant effect on architectural features or

detracting from such features or the building or, in the case of buildings in historic

districts, from adjacent buildings or the streetscape.

(b) General Installation Criteria. LPC Staff may issue an approval for work on

individual landmarks, buildings in historic districts and scenic landmarks to install

health, safety and utility equipment, such as the examples listed below in subdivision

(c), if the proposed work meets all of the following relevant criteria:

(1) The installation will not occur on or in front of a primary façade unless there is

no feasible alternative for the installation or the location is mandated by another

law or rule. In making a determination that there is no feasible alternative, LPC

Staff will consider whether the need for such equipment on the primary façade is

necessitated by recent or related discretionary interior renovations;

(2) The equipment will be attached in a manner that minimizes damage to, or loss of,

any significant architectural features and will be installed at mortar joints or

through plain brick, stone or wood to the greatest extent possible;

(3) If the installation is proposed to be made through areaway or sidewalk paving,

the installation will not be installed through historic paving unless there is no

feasible alternative;

(4) If the installation is required by applicable law or rule it will be as small as

feasible;

(5) The finish of the equipment if not otherwise required by law or rule, will match

the surrounding building material or will not call undue attention to its presence;

(6) If the installation requires a conduit: there will be no visible conduit or, if this is

not feasible, a maximum of approximately ten (10) inches of visible conduit will

be permitted; the conduit will not be placed on decorative surfaces; the visible

conduit will be painted to match the background surface and will be secured into

mortar joints where possible; and, if there are multiple proposed or existing

installations, the proposed installation of conduit will, to the maximum extent

feasible, combine and minimize the amount of conduit;

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(7) The installation will be either not visible from a public thoroughfare or as

minimally visible as possible (e.g., beneath a band course, underneath a stoop,

behind an areaway wall or fence, or behind plantings). Unless the installation

meets the requirements of paragraph (1) of this subdivision, the installation will

be on a secondary facade; and

(8) The proposed installation will not call undue attention to itself or detract from

any significant architectural feature(s) of the building or of adjacent buildings if

the work is occurring in a historic district, by virtue of its size or proximity to any

such features or buildings.

of installations addressed by this section, including, where appropriate, installation

criteria that are in addition to the general criteria set forth in subdivision (b) of this

section:

(1) Utility meters, including electrical, gas and water meters.

(2) Fire alarm bells.

(3) Light fixtures and intercom panels. These installations must be installed within

the door opening or adjacent to the door opening, and will be limited to a

maximum of two light fixtures and one intercom panel per door opening, except

that an intercom panel may also be installed on a fence or wall in front of the

entranceway.

(4) Security cameras. These installations must be as small and as limited in number

as feasible, with no more than two (2) security cameras for every twenty-five

(25) feet of street frontage for small residential or commercial buildings of six (6)

stories or less and with a street frontage of forty (40) feet or less, and no more

than three (3) security cameras for every twenty-five (25) feet of street frontage

for larger commercial, residential and institutional buildings. In every case the

security camera(s) will be located to avoid a cluttered or haphazard appearance,

and must be attached in a manner and location that minimizes their visible

impact.

(5) Hookups for temporary generators and boilers, electrical boxes, inverter

boxes.

(6) Mailboxes and mail key lockboxes. These installations must be installed within

or adjacent to the door opening. If a building has a stoop, the mailbox may be

attached to a gate or door underneath the stoop or, provided the installation meets

the requirements of paragraphs (1), (2), (3), (4), (5) and (8) of this subdivision, to

the façade of the building or stoop adjacent to the doorway underneath the stoop.

A mailbox may also be attached to an areaway fence, or may be free-standing in

the areaway if the attachment does not damage original or historic fabric or call

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undue attention to itself or detract from significant features of the building or

adjacent building.

(7) Exterior Siamese connections/standpipes, oil fill pipes, boiler and dryer

vents, water spigots.

(8) Rooftop security fences installed between properties. These installations may

be installed only on small commercial buildings or large commercial or

residential buildings, provided that they:

(i) Will not cause damage to any significant architectural feature of any façade

or the roof;

(ii) Will be as low as is practicable and allowed by the Fire Code or the

Building Code;

(iii) Will not be installed in front of or below a cornice where there is a

continuous cornice line; and

(iv) Will either not be visible or will be minimally visible, or the visibility will

be in the context of other rooftop features and will not call undue attention

to itself or detract from the significant architectural features of the building

or adjacent buildings.

(9) Certain heating, venting or air-conditioning equipment (“HVAC”). HVAC

(including air intakes or exhausts at basement, cellar or areaway windows, walls

or floors) that, due to existing structural or other physical constraints, must be

installed below the second story at or in front of the primary façade or visible

secondary façade. Staff may decide not to approve such installation if staff

determines that the structural or other condition necessitating such installation

was the result of recent or related discretionary interior changes.

(10) Window security bars installed at cellar, basement or parlor floor windows.

These installations may be installed on any building, provided they:

(i) Will not cause damage to any significant architectural feature of any

façade;

(ii) Will match historic ironwork or be of a simple design and will not call

undue attention to themselves or detract from the significant architectural

features of the building;

(iii) Will fasten to the window frame or surround at limited attachment points,

and will not include continuous perimeter framing.

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(11) Security gates at door openings below or under stoops. These installations

can be installed on any building, provided that they:

(i) Will not cause damage to, or detract from, any significant architectural

feature of any façade;

(ii) Will match historic ironwork or be of a simple design and will not call

undue attention to itself or detract from the significant architectural

features of the building;

(iii) Will fasten to the door surround at limited attachment points, and will not

include continuous perimeter framing.

(iv) If replacing a grandfathered door where no door existed originally or

historically, a new door may be approved if it maximizes the amount of

transparency, with or without new ironwork, in keeping with the

appearance of open gates below stoops.

(12) Detachable flood protection barriers. Penetrations through plain areas of the

façade (excluding decorative masonry or metalwork, and cast iron) at discrete

locations for mechanical fastening of flood barriers, with plugs finished to match

the surrounding material, and permanent posts at service and garage door

openings and loading bays, with associated hardware finished to match the

surrounding material or otherwise neutral in finish, may be installed, provided

the installation does not call undue attention to itself or detract from the building

or streetscape.

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§2-21 INSTALLATION OF HEATING, VENTILATION, AIR CONDITIONING AND

OTHER MECHANICAL EQUIPMENT.

(a) Introduction. These rules set forth criteria for LPC Staff approval of heating,

ventilation and air conditioning (“HVAC”) or other mechanical equipment in buildings

which are designated landmarks or are within designated historic districts or scenic

landmarks. These rules are based on the following principles:

(1) The distinguishing historical qualities or character of a building or its site should

be protected. The removal or alteration of any significant architectural feature

should be avoided.

(2) The visual integrity of the building's exterior walls should be maintained.

(3) In general, HVAC and other mechanical equipment are part of a building’s

infrastructure that must be installed in compliance with various building and

energy codes, and health and safety standards. These codes and standards

change over time due to technological advances, and as a result of the changing

needs of occupants.

(4) HVAC and other mechanical equipment play a critical role in the sustainability

and resiliency of historic buildings. Applicants are encouraged to install

appropriate HVAC and mechanical equipment that meet or exceed the

requirements of the New York City Energy Conservation Code, even if the

equipment is exempt from such standards.

(5) Applicants are strongly encouraged to develop building master plans for the

installation of HVAC equipment, which will facilitate expeditious review and

approval of applications.

(b) Definitions.

Decorative masonry. The term "decorative masonry" means terra cotta, cast-stone or

natural stone (such as limestone, marble, brownstone or granite) and brick facade areas

and/or any ornamental feature which is a component of the facade such as belt courses,

banding, water tables, cornices, corbelled brick work, medallions, enframements, and

surrounds, and ornamental bonding patterns, e.g., tapestry or diaper brick patterns. The

term does not include entirely plain units of stone, masonry or brick laid up with

simple, non-decorative coursing.

HVAC equipment. The term "HVAC equipment" includes through-window, through-

wall, rooftop, areaway, and façade and yard mounted heating, ventilation, and air

conditioning equipment, including louvers, wall-mounted louvers and stove, restaurant,

bathroom and/or dryer vents.

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Mechanical equipment. The term “mechanical equipment” means equipment other

than HVAC equipment, such as solar and wind power equipment, batteries and

emergency generators, and including any associated elements such as safety railings

and sound attenuation screens, baffles and other structures.

Minimally visible. The term “minimally visible” means visibility of any portion of the

HVAC or other mechanical equipment which, from its maximum point of visibility,

when viewed from any public thoroughfare:

(1) Projects into the maximum line of sight from such public thoroughfare no more

than twelve (12) inches in height if the equipment is less than sixty (60) feet

above the ground, projects no more than eighteen (18) inches if the equipment is

between sixty-one (61) and eighty (80) feet above the ground, and projects no

more than twenty-four (24) inches if the equipment is between eighty-one (81)

and one hundred (100) feet above the ground, and projects no more than thirty-

six (36) inches if the equipment is more than one hundred (100) feet above the

ground; or

(2) Does not call attention to itself or detract from any significant architectural

features of the building or other buildings if in a historic district. In determining

whether equipment does not call attention to itself or detract the LPC Staff will

consider the following factors:

(i) The visibility meets the requirements of paragraph (1) above;

(ii) The equipment is visible at a significant distance;

(iii) The equipment is visible from very limited vantage points, including

through alleyways, yards, or similar open portions of sites which are not

building sites;

(iv) The equipment is visible from an oblique angle; or

(v) The equipment is visible in combination with other existing equipment,

additions or structures that share a similar level of visibility.

Primary facade. The term "primary facade" means:

(1) a façade fronting a street or public thoroughfare that is not a street, such as a

mews or court;

(2) A visible façade that possesses a level of design or significant architectural

features that are commensurate with the building’s street-fronting façade(s), and

where such façade (i) faces but does not front a street, such as a setback façade,

or (ii) is part of a dominant massing element where at least one façade is street-

fronting or street-facing, such as a tower element; and

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(3) A façade with a primary entrance to the building.

Secondary facade. The term "secondary facade" means a facade that does not front on

a street or a public thoroughfare and that does not possess significant architectural

features that are commensurate with the street fronting facade.

Terms not otherwise defined in these rules have the meanings ascribed to them in the

Landmarks Law.

(1) No permit required. No permit is required for installing seasonal and non-

permanent HVAC equipment in windows if the following relevant criteria are

satisfied:

(i) Seasonal window air-conditioning unit installations.

(A) The installation requires only raising or lowering the sash of a

double-hung window, or opening the sash of a casement, hopper or

awning window or transom, and temporarily fixing the sash in place

without removing it;

(B) The window unit and any filler panel (glazed or solid) will be

installed at any location within the window frame, and will not fully

rest on an architectural element of the façade outside of the window

frame, such as a cornice, parapet or sill; and

the interior side of the wall opening, and/or may brace against the

exterior wall without mechanical attachments.

(D) If the installation is visible from a public thoroughfare, the window

unit does not need to be painted; however, any filler panel (if solid)

must have a finish that matches or approximates the color of the

window frame.

(ii) New non-permanent louver and vent installations.

(A) The installation requires only the raising or lowering of the sash of a

double-hung window, or opening the sash of a casement, hopper or

awning window or transom, and temporarily fixing the sash in place

without removing it;

(B) The louver or vent, and any filler panel (glazed or solid), will be

installed at any location within the window frame; and

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vent, and any solid filler panel, will have a finish that matches or

approximates the color of the window frame.

(2) Permit required. A permit, certificate or report is required for all other types of

HVAC equipment installations within windows in individual landmarks and

buildings in historic districts and scenic landmarks.

(i) Primary facades. Installations of HVAC equipment within window

openings on primary facades of Individual Landmarks and building in

historic districts and scenic landmarks, where there is no feasible

alternative to installing the HVAC equipment on a secondary facade.

(A) Rowhouses, detached houses, carriage houses, small apartment

buildings, tenements, and hotels. Except for installations on the

primary façade that meet the requirements of § 2-20, for buildings

originally constructed as private residences (rowhouses, town houses,

detached and semi-detached houses) or carriage houses, as well as

small apartment houses and other types of multiple dwellings which

are six (6) stories or less in height and with a street frontage of forty

(40) feet or less, the small scale and potential for affecting the

significant architectural and historic character of the buildings

require that proposals for installations on primary facades be

reviewed by the full Commission for a Certificate of Appropriateness

(“C of A”) or report.

(B) Large apartment buildings and hotels and commercial and loft

buildings. This clause (B) applies to large apartment buildings, hotels

and other types of multiple dwellings that have a street frontage of

more than forty (40) feet or are seven (7) or more stories in height,

and all commercial and loft buildings originally designed to serve

commercial, retail or warehouse uses, including cast-iron fronted

buildings, department stores, banks and office buildings. LPC Staff

will approve permanent installations of HVAC equipment, louvers

and vents in window openings if the proposal meets the following

relevant criteria:

(a) The window is not a special window as defined in § 2-14; and

(b) The installation involves removing only glazing or modifying

or removing the window sash and retaining the window frame.

At large apartment buildings and hotels, only one of the

double-hung sashes or a portion of a casement window

assembly may be removed. If the exterior louver is flush-

mounted, it will be mounted flush with or behind the plane of

the window frame and behind the existing or reinstated

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brickmold or panning. If the window unit is projecting, it will

be mounted within the window frame. In either case, if the

exterior louver or window unit fills only a part of the window

frame, it can be placed anywhere within the modified or

removed sash, and the remainder will be filled with a filler

panel (glazed or solid) or partial height window sash to

otherwise match the configuration, size permitting, of the

overall window; or

projecting window unit in conjunction with installing a new

window at the same time, and the resulting installation

complies with both the criteria set forth in this clause (B) and

the applicable new window criteria; and

(d) The exterior louver and any solid filler panel will be finished to

match the window frame; however, a window HVAC unit does

not need to be painted; and

(e) The installation will not damage or remove a significant

architectural feature of the building and, for buildings in

historic districts, will not detract from the significant

architectural features of adjacent buildings.

(ii) Secondary facades. Installations of HVAC equipment within window

openings on secondary facades of Individual Landmarks and buildings

within historic districts and scenic landmarks. LPC Staff will approve the

installation of HVAC equipment if the proposal meets the following

relevant criteria:

(A) The window is not a “special window” as defined in § 2-14;

(B) The installation will occur within an existing window opening, either

as an exterior louver, projecting window unit or a small vent with a

flush or minimally projecting cap and filler panel, set back from the

plane of the façade to approximate the depth of the window; or

window at the same time, and the resulting installation complies with

both the criteria of this subparagraph and the applicable new window

criteria; and

(D) If the installation is visible from a public thoroughfare,

(a) The installation is only part of the full height of the sash being

removed, the remainder will be filled with a filler panel (glazed

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or solid) or partial height window sash to otherwise match the

configuration, size permitting, of the overall window; or

(b) The installation involves an exterior louver or small vent with a

flush or minimally projecting cap, the louver, vent, cap and

solid filler panel will be finished to match the window frame;

and

(E) The installation will not damage or remove a significant architectural

feature of the building and, for buildings in historic districts or scenic

landmarks, if visible will not detract from the significant architectural

features of adjacent buildings.

(d) Installations of Through-Wall HVAC Equipment.

(1) Primary facades. Through-wall installation of HVAC equipment on primary

facades.

(i) Individual Landmarks. Except for installations on the primary façade that

meet the requirements of § 2-20, proposals for through-wall installations on

primary facades must be reviewed for a C of A.

(ii) Buildings within historic districts.

(A) Through-wall installations approvable only by C of A. Except for

installations that meet the requirements of § 2-20, proposals for

installations of through-wall HVAC equipment on primary facades of

the following building types must be reviewed for a C of A due to

their small scale, limited areas of plain masonry and/or the potential

for affecting significant the significant architectural and historical

character of the buildings:

(a) Rowhouses, townhouses, detached and semi-detached houses,

carriage houses, flats, small apartment buildings, tenements,

hotels and other types of multiple dwellings. For purposes of

this item (a), this means buildings originally constructed as

private residences, carriage houses or multiple dwellings,

which are six (6) stories or less in height and with a street

frontage of forty (40) feet or less, except that a corner

rowhouse, townhouse, detached or semi-detached house or

carriage house may have one street frontage that is larger than

forty (40) feet;

(b) Manufacturing and loft buildings, originally designed to serve

commercial, retail, or warehouse uses, including cast-iron

fronted buildings, department stores, and banks.

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(B) Through-wall installations approvable by LPC Staff. LPC Staff

will approve through-wall installations if the proposal meets the

following relevant criteria:

(a) Large apartment buildings, hotels and other types of multiple

dwellings which either have a street frontage greater than forty

(40) feet or which are seven (7) or more stories in height, if the

proposal meets all of the following relevant criteria:

(1) The installation will be centered beneath the window

opening, or, if the window opening is wide enough to

accommodate more than one set of sashes, is placed

beneath the window opening in accordance with the

predominant existing pattern of through-wall

installations;

(2) The exterior louver will be a rimless type architectural

louver with flat metal blades;

(3) The exterior louver will be mounted as flush as possible

with the surrounding masonry and with the minimum

projection feasible;

(4) The exterior louver will be finished to match the color of

the surrounding masonry;

(5) The location corresponds to a regular pattern of

installations, or where demonstrated to be impractical or

unfeasible, the location will form the basis for a new

pattern of installations or will otherwise not detract from

the façade or, if in a historic district, adjacent buildings;

and

(6) The installation will not damage or remove decorative

masonry or a significant architectural feature of the

building and will not detract from the significant

architectural features of adjacent buildings. For purposes

of this clause (B), removal of small areas of plain

masonry to accommodate the through-wall unit shall not

be considered damage or removal of a significant

architectural feature.

(iii) Other buildings. For other buildings that do not fall into any of the

previously described categories, including specialized building types such

as churches and synagogues, hospitals, schools, and libraries, with a street

frontage of more than forty (40) feet or are seven (7) or more stories in

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height, LPC Staff will approve through-wall installations of HVAC

equipment if they determine that:

(A) There is no feasible alternative to installing the HVAC equipment on

the primary façade;

(B) The installation will satisfy the criteria set forth in subdivision

(d)(1)(ii)(B)(a)(2)-(4) of this section; and

feature of the building, or detract from such features of the building

or adjacent buildings if in a historic district. For purposes of this

item (b), removal of small areas of plain masonry or non-decorative

brick to accommodate the through-wall unit shall not be considered

damage or removal of a significant architectural feature.

(2) Secondary facades. LPC Staff will approve the installation of through-wall

HVAC equipment on a visible secondary facade of any building if the proposal

meets the following relevant criteria:

(i) The unit will be:

(A) Centered beneath or above a window opening if the vent or louver

exceeds one hundred forty-four (144) square inches in surface area;

(B) Installed below, above, or to the side of a window opening if the vent

or louver is one hundred forty-four (144) square inches or less in

surface area; or

devoid of windows (variations from the predominant existing pattern

on the building may be permitted if the applicant does not have

interior space which would permit such installation in conformance

with such pattern). For purposes of this paragraph (2), louvers

greater than one hundred forty-four (144) square inches shall only be

permitted through a masonry facade; and

(ii) The exterior louver will be mounted as flush as possible with the exterior

wall or façade cladding and with the minimum projection feasible, except

that if the louver is one hundred forty-four (144) square inches or less in

surface area, a minimally projecting cap may be permitted if the projection

does not call undue attention to itself or otherwise have an adverse effect

on the secondary façade; and

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(iii) The exterior louver will be finished in a manner which approximates the

color of the surrounding façade cladding; and

(iv) No decorative masonry or other façade cladding, or other significant

architectural feature of the building, will be affected by the installation, and

the installation will not detract from adjacent buildings. For purposes of

this subparagraph (iv), removal of small areas of plain masonry or other

façade cladding to accommodate the through-wall unit will not be

considered damage or removal of a significant architectural feature.

(3) Installation of HVAC equipment on non-visible secondary facades. LPC

Staff will approve the installation of through wall HVAC equipment on a non-

visible secondary facade of any building if the proposal meets the following

relevant criteria:

(i) The installation will not be visible from any public thoroughfare; and

(ii) The exterior louver will be mounted as flush as possible with the

surrounding masonry or façade cladding, except that if the opening is one

hundred forty-four (144) square inches or less in surface area, a minimally

projecting cap may be permitted if the projection does not have an adverse

effect on the secondary facade; and

(iii) No decorative masonry or other decorative façade cladding, or any

significant architectural feature of the building, will be affected by the

installation.

(e) Wall Mounted Installations of HVAC and Other Mechanical Equipment on

Secondary Facades. LPC Staff will approve the installation of wall mounted HVAC

and other mechanical equipment on secondary facades if the proposal meets the

following relevant criteria:

(1) Visibility.

(i) Wall mounted HVAC, such as ductless split system HVAC equipment and

other mechanical equipment on platforms and/or brackets, may be

minimally visible from a public thoroughfare. Such equipment may be

more than minimally visible if they are seen in conjunction with utilitarian

features (e.g. fire escapes; fences) that mitigate the presence of the new

equipment, will be located in the least visible location so as to not disrupt

the composition of the façade, and will not protrude further from the side

façade than required by relevant laws. Such installations may include a

screen to conceal the equipment. In scenic landmarks, such installations

may be made minimally visible by the introduction and maintenance of

plantings.

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(ii) Wall-mounted flues and ducts required by applicable governmental laws

and rules (including, but not limited, to Building, Fire and Health Codes)

may be minimally visible from a public thoroughfare, or where more than

minimally visible, will be located in the least visible location and so as to

not disrupt the composition of the façade, and will not extend higher than

required by such laws or rules;

(2) The attachment of associated platforms, brackets and straps to the façade will be

designed to maximize reversibility and minimize damage to the building fabric

(e.g., installed through the mortar joints where possible in masonry walls);

(3) Any penetrations for associated conduits or ducts through the facade will be as

small as possible in conformance with the manufacturer’s recommended

dimensions;

(4) If the installation is visible from a public thoroughfare, the HVAC and other

mechanical equipment, flues and ducts, and associated platforms, brackets and

straps, will have a finish that matches the color of the underlying material, or is

otherwise neutral so as to not call attention to itself; and

(5) The installation will not damage or remove a significant architectural feature of

the building and, for buildings in historic districts, if visible will not detract from

the significant architectural features of adjacent buildings.

(f) Installation of HVAC Equipment in Storefronts and Storefront Doors. LPC Staff

will approve the installation of HVAC equipment in storefronts and storefront doors if:

(1) The installation involves removing only glazing, or modifying or removing the

transom window sash and retaining the storefront or door frame.

(i) The exterior louver will be mounted flush with or behind the plane of the

transom window frame and behind the existing or reinstated brickmold or

panning, and

(ii) If the exterior louver will replace only part of the transom window sash

being removed, the remainder of the space will be filled with a flat panel

(glazed or solid) or partial height transom window sash to otherwise match

the finish and configuration, size permitting, of the overall transom

window; or

(2) At recessed storefront entrances only, the installation involves removing only

glazing, or modifying or removing the transom window sash and retaining the

storefront or door frame, and the window unit (projecting or flush) will be

mounted within the transom window frame, and if the window unit only fills part

of the opening, it can be placed anywhere within the modified or removed

transom window sash, the remainder will be filled with a filler panel (glazed or

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solid) or partial height transom window sash finished to otherwise match the

finish and configuration, size permitting, of the overall transom window; or

(3) The installation involves installing the exterior louver in conjunction with

installing a new storefront or door at the same time, and the resulting installation

complies with both the criteria in this subdivision and the applicable new

storefront or door criteria set forth in § 2-12; and

(4) The exterior louver and any solid filler panel will be finished to match the

storefront or door frame; or

(5) The installation will be through a non-historic storefront bulkhead, integrated

into the design of the bulkhead or will otherwise not detract from the storefront;

and

(6) The exterior louver will be rimless with horizontal blades finished to match the

color of the surrounding storefront bulkhead, and will be mounted as flush as

possible with the surrounding material and the minimum projection feasible; and

(7) The installation will not damage or remove a significant architectural feature of

the building and, for buildings in historic districts, will not detract from the

significant architectural features of adjacent buildings.

(g) Installation of HVAC and Other Mechanical Equipment on Rooftops or Terraces.

With respect to individual landmarks and buildings in historic districts and scenic

landmarks, LPC Staff may approve the installation of HVAC and other mechanical

equipment on rooftops and terraces if the proposal satisfies the following relevant

criteria:

(1) Primary façade.

(i) The installation will not damage or remove significant architectural

features.

(ii) The installation will not be visible. If it is not practicable or feasible to

make the installation not visible, and the visibility is not caused by the

equipment being placed on an LPC-approved addition, LPC Staff may

approve a minimally visible installation.

(iii) With respect to existing HVAC installations, LPC Staff may (A) approve

work that increases existing visibility slightly if such increase is required

by building or fire codes or for compliance with energy or environmental

codes, laws or standards and there is no feasible alternative; and (B)

approve replacement of a grandfathered or approved installation with a

matching or smaller, one even if the new installation is more than

minimally visible, provided there is no feasible alternative location that

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would be not visible or minimally visible, and the visibility of the new

installation is less than the existing installation.

(2) Secondary façade. The installation will not be more than minimally visible over

a secondary façade. If it is not practicable or feasible to make the installation

minimally visible, staff may approve an installation that is more than minimally

visible, provided the visibility is not caused by the equipment being placed on an

LPC-approved addition and the installation is seen only through a gap view

between buildings, regardless of the presence of other rooftop installations of any

type in the surrounding context. Such installations may include a required

guardrail and/or a screen to conceal the equipment. If the installation is occurring

within a scenic landmark, the visibility will be controlled by existing or new

trees, plantings or other foliage. For purposes of this paragraph (2), “gap view”

shall mean an opening in the streetwall no greater than 25 feet that allows

visibility of secondary facades and rooftops from a public thoroughfare. A gap

can be an empty lot, yard, alley, driveway, area way, garden or park, and can also

be a building that is shorter than the adjacent building and allows views above it,

including a garage or rear addition.

(3) Installation of Solar Panels. LPC Staff may approve the installation of solar

panels on flat roofs and sloped roofs, and on other rooftop structures, as well as

related framing and equipment, if the proposal meets the following relevant

criteria:

(i) Installations on flat roofs.

(A) Solar panel installations on a flat roof, including flat or sloped arrays

and arrays on elevated canopies, may be minimally visible over a

primary or secondary façade if they have been located to minimize

visibility to the greatest extent possible; and

(B) Solar panel installations on a flat roof, including flat or sloped arrays

and arrays on elevated canopies, may be more than minimally visible

over a secondary façade, if the installation is only seen through a gap

view between buildings, even if there are no other rooftop

installations of any type in the surrounding context. For purposes of

this paragraph (3), a “gap view” shall mean an opening in the

streetwall no greater than 25 feet that allows visibility of secondary

facades and rooftops from a public thoroughfare. A gap can be an

empty lot, yard, alley, driveway, area way, garden or park, and can

also be a building that is shorter than the adjacent building and

allows views above it, including a garage or rear addition; and

as part of a solar panel installation, but not part of a more expansive

application for work (e.g., constructing a new roof top deck), may be

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more than minimally visible over a primary or secondary façade if

the staff determines that such installation does not detract from

significant architectural features of the building or district, provided

that:

(a) Documentation is provided demonstrating that safety tie-back

anchors have been deemed unacceptable under DOB and/or

FDNY review and fencing or guardrails are required instead;

and

(b) The height and length of the required fencing or guardrail is the

minimum required by law and is set back to the greatest extent

permissible, and any adjustment to the solar panel arrays to

facilitate a shorter height or length and/or a greater setback has

been explored and executed if feasible; and

thinnest members possible (e.g., bars or cables instead of

pipes), and is finished in a neutral black or gray color; and

(d) If the fencing or guardrail is more than minimally visible or

will significantly interrupt an otherwise pristine roofline above

the building and/or its row, the number of panels will be

reduced to make the guardrail less visible.

(ii) Other rooftop installations. Solar panel installations on an existing pergola,

bulkhead, or other rooftop structure that does not have a flat roof may be

visible and may increase the overall visibility of the pergola, bulkhead or

other rooftop structure if the staff determines that it does not detract from

the building or the streetscape, provided that;

(A) the installation is parallel to the surface of the pergola, bulkhead or

other rooftop structure that does not have a flat roof and is mounted

as close to the surface as technically feasible; and

(B) the solar panels will be “black on black” with black edge framing and

black PV surfacing that masks the grid of photovoltaic cells, or an

alternative color that better relates to the appearance of the roofing it

is installed on may be considered, if the installation is more than

minimally visible from a public thoroughfare and the color will result

in a more harmonious installation overall.

(iii) Sloped roof installations.

(A) Solar panel installations on a front-facing or side-facing slope of a

roof, including at free-standing houses, rowhouses and semi-attached

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houses, and other building types with pitched roofs, but not on

designed roofs, may be visible over a primary façade, if other

locations are deemed infeasible due to the lack of sufficient sunlight

as documented in the application materials. For purposes of this

subparagraph (iii), the term “designed roof” shall mean a roof that is

part of the composition of the building, such as a mansard roof, has a

character-defining architectural feature, such as a spire, turret or

cupola, and in some cases a dormer, or a crowning element seen in

the round, such as a tower or dome. Staff may approve an installation

if it meets all of the following relevant criteria:

(a) the installation is discrete and limited in footprint, unless the

slope of the roof is sufficiently shallow to render the number of

panels indistinguishable as viewed from a public thoroughfare

and/or a larger footprint would result in a less conspicuous

installation;

(b) the installation is parallel to the surface of the sloped roof and

is mounted as close to the surface as technically feasible, and

all mounting framework is concealed beneath the solar panels

to the greatest extent possible;

features (e.g., dormers) as viewed from a public thoroughfare;

(d) the solar panels are not installed on significant historic roofing

materials (e.g., slate or clay tiles);

(e) the installation will not detract from any significant

architectural features of the façade(s) or roof(s); and

(f) the building is not an individual landmark.

(B) Solar panel installations on a rear-facing slope or side-facing slope of

a roof may be visible over a secondary façade, if the installation is

parallel to the surface of the sloped roof and is mounted as close to

the surface as technically feasible, and all mounting framework is

concealed beneath the solar panels to the greatest extent possible.

Solar panel installations that are not visible from a public throughfare

may be mounted at an angle to increase performance.

simple, rectilinear footprint, and avoids stepping or separation of

panels, to the greatest extent possible, if the installation is visible

from a public thoroughfare.

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(D) The solar panels must be “black on black” with black edge framing

and black PV surfacing that masks the grid of photovoltaic cells, or

an alternative color that better relates to the appearance of the roofing

it is installed on may be considered, if the installation is visible from

a public thoroughfare.

(E) A black-finished “skirt”, “critter guard” or other element must be

installed at the base and/or sides of the solar panels if the installation

is visible from a public thoroughfare and the addition of the skirt will

improve the overall appearance of the installation.

(F) If the installation of the solar panels requires the removal of historic

roofing material (e.g. slate or clay tiles), where allowed pursuant to

these rules, the tiles must be retained and stored on site for future

reuse.

(iv) Related equipment.

(A) The electrical conduit must be minimized in length to the greatest

extent possible, and located at the least visible side of the roof and

wall where possible, or otherwise placed in inconspicuous locations

(e.g., adjacent to gutters and leaders, at inset joints of abutting walls,

etc.), and must be painted to match the adjacent surfaces finishes if

feasible, if the installation is visible from a public thoroughfare; and

(B) The inverter box must be located adjacent to the existing electrical

meter where possible, or otherwise placed in an inconspicuous

location, if the installation is visible from a public thoroughfare.

(h) Installation of HVAC Equipment and Mechanical Equipment in Yards and

Areaways of Landmarks and Buildings in Historic Districts and Scenic

Landmarks. LPC Staff will approve the installation of HVAC and mechanical

equipment in the front, side or rear yard if the proposal meets the following relevant

criteria:

(1) Primary facades. Installations fronting primary facades of individual landmarks

and buildings in historic districts and scenic landmarks:

(i) There is no practical or feasible alternative to installing the equipment in

front of the primary façade;

(ii) The installation of HVAC and other mechanical equipment, at grade or on

platforms, will not be visible from a public thoroughfare, or will be

minimally visible due to location and/or screening by architectural or

hardscape features of the building (e.g., behind an areaway wall or within a

below-grade light-well);

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(iii) Any penetrations for associated conduits or ducts through the facade will

be as small as possible in conformance with the manufacturer’s

recommended dimensions;

(iv) If there is any visibility of the installation from a public thoroughfare, the

HVAC and other mechanical equipment, and associated platforms, will

have a finish that matches the color of the underlying material, or is

otherwise neutral so as to not call attention to itself; and

(v) The installation will not damage or remove a significant architectural

feature of the building and, for buildings in historic districts and scenic

landmarks, will not detract from the significant architectural features of

adjacent buildings or significant landscape features.

(2) Secondary facades. Installations fronting secondary facades:

(i) The installation of HVAC and other mechanical equipment at grade or on

platforms will be minimally visible to the greatest extent possible. For

purposes of this subparagraph (i), visibility can be reduced or eliminated

through the use of permanent plantings or the installation of a new fence or

screen.

(ii) The installation is set back from the public thoroughfare to the greatest

extent feasible;

(iii) Any penetrations for associated conduits or ducts through the facade will

be as small as possible in conformance with the manufacturer’s

recommended dimensions;

(iv) If the installation is visible from a public thoroughfare, the HVAC and

other mechanical equipment, and associated platforms, will have a finish

that matches the color of the underlying material, or is otherwise neutral so

as to not call attention to itself; and

(v) The installation will not damage or remove a significant architectural

feature of the building and, for buildings in historic districts and scenic

landmarks, detract from the significant architectural features of adjacent

buildings or significant landscape features.

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§2-22 FIRE ESCAPES.

(a) Removal of an Existing Fire Escape. LPC Staff will approve the removal of an

existing fire escape if the proposal satisfies the following relevant criteria:

(1) The fire escape is not a significant protected feature of the building based on

a finding that:

(i) The fire escape is not original to the building;

(ii) The fire escape does not have architectural merit in itself; and

(iii) The fire escape is not mentioned or otherwise called out as significant in

the LPC designation report; or

(iv) The fire escape is not located on a building within a historic district in

which fire escapes are identified as significant architectural features that

contribute to the special architectural and historic character of the district.

(2) Damage to the façade caused by the installation, presence or removal of, or

exposed by the removal of, the fire escape will be repaired to match the historic

fabric; and

(3) Architectural elements removed, damaged or altered by the installation of the fire

escape will be reinstalled, repaired or, if beyond repair, replaced or replicated.

(b) Alteration, Restoration and Maintenance of an Existing Fire Escape. LPC Staff

will approve work on an existing fire escape if the proposal satisfies the following

relevant criteria:

(1) Replacement of a fire escape drop ladder with a swing stair or a swing stair with

a drop ladder matches the material, general details and color of the existing fire

escape;

(2) Installation of a horizontal and/or vertical extension matches the material, details,

color and dimensions of the existing fire escape, provided the installation will not

conceal or damage any significant architectural features of the building; and

(3) Restoration and maintenance, including replacing any parts in kind with parts,

match the existing fire escape in terms of material, details and color, or

repainting of the existing color, a dark color such as black or brown that is

typical of the historic district, or a color that matches or is similar in hue to the

existing color of the façade.

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fire escape if the proposed work satisfies all of the following relevant criteria:

(1) Primary façade of a building in a historic district.

(i) Similar installations are commonly found on historic buildings in the

district;

(ii) The fire escape is simple and utilitarian in design;

(iii) The installation will not cause the removal or, or damage to, any significant

architectural features of the building;

(iv) The installation will not detract from the special historic and architectural

character of the building or adjacent buildings;

(v) The fire escape cannot be located on a secondary façade; and

(vi) There is no feasible alternative to installing the fire escape. In making a

determination that there is no feasible alternative, LPC Staff will consider

whether the need for a fire escape on the primary façade is necessitated by

recent or approved interior renovations.

(2) Visible secondary façade of a building in a historic district.

(i) The fire escape is simple and utilitarian in design;

(ii) The installation will not cause the removal or, or damage to, any significant

architectural feature of the façade;

(iii) The installation will not detract from the special historic and architectural

character of the building or adjacent buildings;

(iv) The fire escape cannot be located on a nonvisible secondary façade; and

(v) There is no feasible alternative to installing the fire escape. In making a

determination that there is no feasible alternative, LPC Staff will consider

whether the need for a fire escape on a visible secondary façade is

necessitated by recent or approved interior renovations.

(3) Nonvisible secondary façade of any building.

(i) The fire escape is simple and utilitarian in design; and

(ii) The installation will not cause the removal of, or damage to, any significant

architectural feature of the façade.

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§2-23 RULES RELATING TO INSTALLATION OF PUBLIC PAY TELEPHONES AND

PUBLIC COMMUNICATIONS STRUCTURES.

(a) Introduction. Public pay telephones have been part of the city’s streetscape for half a

century. First introduced in the 1950s pursuant to a franchise agreement with the city,

legally permitted public pay telephones contribute to the urban experience as well as

provide an important communication link for business, pleasure and public health and

safety. Public pay telephones have traditionally had a quiet presence on the streetscape

that allowed for their identification without calling undue attention to themselves. The

provisions set forth below are intended to ensure that public pay telephones and public

communications structures installed in areas under the jurisdiction of the Landmarks

Preservation Commission are installed in a manner that does not damage or destroy

historic fabric and that the design and placement of such phones and structures shall

not call undue attention to themselves or detract from the significant architectural

features of an improvement or a historic district or adversely affect a historic district’s

distinct sense of place.

(b) Definitions. As used in this section, the following terms have the following meanings:

(1) Curbfront. The term “curbfront” means the sidewalk curb that divides the

sidewalk from the roadway.

(2) PCS Franchise Agreement. The terms “PCS Franchise Agreement” means a

valid franchise granted by the City Department of Information Technology and

Telecommunications (“DoITT”) to provide public pay telephone and wireless

internet service on the inalienable property of the City of New York.

(3) PPT Enclosure. The term “PPT Enclosure” means any associated housing or

enclosure that partially or fully surrounds a PPT, and including an associated

pedestal, which has been approved by the Art Commission.

(4) PPT Franchise Agreement. The term “PPT Franchise Agreement” means a

franchise granted by the City pursuant to the revised solicitation issued by the

Department of Information Technology and Telecommunications ("DoITT") on

June 9, 1997 pursuant to Resolution No. 2248 or any subsequent solicitation with

a similar purpose whether or not such subsequent solicitation includes all or part

of the components of the June 9, 1997 solicitation.

(5) Public communications structure or PCS. The term “public communications

structure” or “PCS” means a structure installed on public property pursuant to a

valid PCS Franchise Agreement.

(6) Public pay telephone or PPT. The term “public pay telephone” or “PPT” is

defined by Section 23-401(f) of the Administrative Code of the City of New

York.

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(1) PPT Enclosure and Installation. No application to the Commission, and no

certificate, approval, permit or report shall be required for a proposal to install a

PPT Enclosure if such proposal meets the following criteria:

(i) The PPT Enclosure is proposed to be installed no farther than 24 inches

from and no closer than 18 inches to the curbfront in an area zoned for

commercial or manufacturing uses pursuant to the New York City Zoning

Resolution;

(ii) Each PPT Enclosure shall be designed to be inconspicuous and to not call

undue attention to itself, and shall have an exterior dimension no greater

than 35" wide x 44" long x 90" high. A maximum of two PPTs may be

installed in-line together, but in such instance the enclosure shall be no

greater than 35" wide x 88" long x 90" high. The height limitation shall

include the height of a mast if one is installed. The PPT Enclosure may

have clear glazing panels and shall be rectilinear if the PPT Enclosure is

designed to have advertising panels;

(iii) The PPT Enclosure shall not be installed in or on, or in the mortar joints

between, bluestone, granite, slate or brick paving material, nor shall such

paving material be disturbed in any manner in connection with the

installation of the PPT;

(iv) The PPT Enclosure shall not be installed in front of an improvement

designated as a landmark;

(v) The telephone and power lines to and from such PPT Enclosure, or any

conduit containing such lines, shall not be visible;

(vi) The nonglazed portion of the PPT Enclosure shall be a dark brown, dark

green, black or dark grey color, or is uncolored stainless steel or clear-

finished aluminum. If the PPT Enclosure is less than 15 inches by 36

inches, all portions of the PPT Enclosure shall be stainless steel or clear-

finished aluminum;

(vii) If the PPT Enclosure has advertising panels, the advertising panels shall be

limited to two side panels, each of which is not larger than 27" wide x 57"

high. There shall be no advertising panel on the rear of the PPT Enclosure

facing the street. The advertising panels shall not be illuminated in any

fashion. Advertising shall be limited solely to the PPT Enclosure. No

advertising shall be permitted on a PPT Enclosure that is smaller than 27"

wide x 57 inches high. No PPT Enclosure shall have any light emitting

diode (L.E.D.) lettering, design or advertising. In addition to the above, a

PPT Enclosure may identify the name or logo of the owner of the PPT and

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the fact that it is a public telephone. Where such identification is

illuminated, it shall be illuminated internally from behind the lens, be

limited to the top two inches of the PPT Enclosure, and may occur on all

sides of the PPT Enclosure; and

(viii) The proposed PPT installation meets all applicable terms, conditions and

requirements of the PPT Franchise Agreement, and all applicable distance,

clearance and other siting requirements set forth in Title 67 of the Rules of

the City of New York.

(2) PCS Installation. No application to the Commission, and no certificate,

approval, permit or report shall be required for installation of a PCS if:

(i) The PCS is to be installed in accordance with the siting criteria described in

the applicable PCS Franchise Agreement and in an area zoned for

commercial or manufacturing uses pursuant to the New York City Zoning

Resolution, or, if the PCS does not include advertising, in an area zoned for

residential use, except that:

(A) in addition to the siting criteria in the applicable PCS Franchise

Agreement, if the PCS is to be installed in an area zoned for

commercial or manufacturing use and the installation would replace

an existing PPT Enclosure, the proposed installation shall not be

within 100 linear feet on the same blockfront of another PCS

structure or PPT Enclosure; and

(B) if the PCS is to be installed in an area zoned exclusively for

residential use the installation is to replace an existing PPT

Enclosure. No new installation of a PCS in an area zoned exclusively

for residential use shall be covered by this rule;

(ii) No more than one PCS shall be installed at the same location;

(iii) If the PCS has advertising panels, the advertising panels are limited to two

side panels, each of which is not larger than 27” by 47.5”. There shall be

no advertising panel on the rear of the PCS facing the street. Static digital

advertising shall be permitted in commercial or manufacturing districts.

For purposes of this rule, “static digital” shall mean advertising in which a

series of fixed digital images are displayed electronically, and each fixed

image must be displayed for a minimum of 15 seconds and fade in and fade

out no faster than 1 second;

(iv) The PCS conforms to the design and materials that have been approved by

the New York City Art Commission, also known as the Public Design

Commission, and has an exterior dimension no greater than 11” wide x 35”

deep x 122.9” high;

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§2-23 128

(v) The PCS shall not be installed in or on, or in the mortar joints between,

bluestone, granite, slate or brick paving material, nor shall such paving

material be disturbed in any manner in connection with the installation of

the PCS;

(vi) The PCS is not installed in front of an improvement designated as an

individual landmark, unless the PCS is replacing an existing public pay

telephone that was previously operated pursuant to a valid franchise

agreement with DoITT; and

(vii) The telephone and power lines to and from such PCS, or any conduit

containing such lines, are not visible.

(3) Other Proposals.

(i) All proposals to install a PPT Enclosure or a PCS that does not satisfy the

requirements of subsections (1) or (2) of this section shall be reviewed and

approved by the Landmarks Preservation Commission by a certificate of

appropriateness public hearing, report, permit for minor work or certificate

of no effect, as appropriate, as set forth below.

(ii) Application Procedures for Proposals to Install a PPT Enclosure or PCS

Requiring a Certificate, Permit or Report. An application form shall be

filed for each proposed PPT Enclosure or PCS. Notwithstanding the

requirements of section 2-01 of Title 63 of the Rules of the City of New

York, the application form for the installation of a PPT Enclosure or PCS

shall be signed by the person who owns the PPT or PCS or the agent or

principal of such person, or any other person authorized to apply for a

permit to install a PPT or PCS pursuant to the relevant franchise agreement

or Title 67 of the Rules of the City of New York. No advertising shall be

permitted on a PPT, PPT Enclosure, or PCS that is not located at the curb.

(4) Nothing in this rule shall be interpreted to obviate the need to obtain all

necessary approvals from the Department of Information Technology and

Telecommunications, or any other governmental agency, for all installations of a

PPT Enclosure or a PCS.

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Subchapter C 129

SUBCHAPTER C: EXPEDITED REVIEW OF CERTAIN

APPLICATIONS FOR CERTIFICATES OF NO

EFFECT

§2-31 DEFINITIONS

§2-32 EXPEDITED REVIEW PROCEDURES

§2-33 EFFECT OF FAILURE TO MEET CONDITIONS FOR AN EXPEDITED

REVIEW

§2-34 REMEDIES FOR FALSE STATEMENTS AND PROCEDURES FOR

ACTION

§2-31 DEFINITIONS.

As used in these Rules, the following terms have the following meanings:

Architect. "Architect" means an individual, partnership, corporation or other legal entity

licensed to practice the profession of architecture under the education law of the State of

New York.

CNE. "CNE" means a Certificate of No Effect as defined by §25-306 of the Landmarks Law.

Day. "Day" means any day other than a Saturday or Sunday or legal holiday.

Engineer. "Engineer" means any individual, partnership, corporation or other legal entity

licensed to practice the profession of engineering under the education law of the State of

New York.

Landmarks Law. "Landmarks Law" refers to New York City Charter §3020 and Chapter 3

of Title 25 of the Administrative Code of the City of New York.

Landmarks Preservation Commission. "Landmarks Preservation Commission" means the

Commission acting in its agency capacity to implement the Landmarks Law.

LPC staff. “LPC Staff” means the staff of the Landmarks Preservation Commission acting

in the Commission’s agency capacity.

Summons. “Summons” means a notice from the Landmarks Preservation Commission that

work on a landmark site or within an historic district was performed without a permit or was

not performed in accordance with a permit issued by the Landmarks Preservation

Commission. With respect to Chapter 63

of the Rules of the City of New York and sections

Typographical error in adopted text should be “Title 63”

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Subchapter C 130

25-301 through 25-322 of the Administrative Code, the term “Summons” will be construed

to include and apply to any previously issued “Notice of Violation.”

Story. "Story" is defined as a habitable floor level, including a basement but not including a

cellar.

Terms not otherwise defined in these rules have the meaning given them in the Landmarks

Law.

§2-32 EXPEDITED REVIEW PROCEDURES.

(a) General. The expedited review procedures set forth in this section are available for

certain interior work as detailed below. Expedited review is predicated upon the

statements and representations of the architect or engineer and the owner and upon the

satisfaction of certain terms and conditions, all as set forth in this section.

(b) Work Eligible for Expedited Review. The following work is eligible for expedited

review:

(1) Interior work which is to be performed at or above the third full story and which

does not involve any change to, replacement of, or penetration of, an exterior

wall, window, skylight or roof, including but not limited to penetrations,

replacements or changes for ducts, grilles, exhaust intakes, vents or pipes, may

qualify for an expedited review;

(2) Interior work which is to be performed at or below the second full story in a

building where there is no commercial use below the second full story, where the

proposed work does not involve change to, replacement of, or penetration of an

exterior wall, window, skylight or roof, including but not limited to penetrations,

replacements or changes for ducts, grilles, exhaust intakes, vents or pipes;

(3) Interior work which is to be performed in the cellar or basement, provided the

work does not require excavation, except for minimal excavation related to

elevator or mechanical work that does not require underpinning, and the work

does not involve any change to, replacement of, or penetration of, a visible

exterior wall or window;

(4) Expedited review will not be permitted for work proposed to be performed

within a designated Interior Landmark.

must be satisfied in order to obtain an expedited review:

(1) The work will be eligible work as described in §2-32(b) above.

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Subchapter C 131

(2) The application for which an expedited review is requested will be accompanied

by a completed Landmarks Preservation Commission expedited review form

which must include:

(i) a statement signed and sealed by the architect or engineer that:

(A) the architect or engineer has prepared, or supervised the preparation

of, the plans and specifications submitted with the application;

(B) all work shown on such plans and specifications is:

(a) interior work only,

(b) to be performed only at or above the third full story or in the

cellar or basement, or at or below the second full story in a

building where there is no commercial use on the ground floor,

Interior Landmark,

(d) does not involve excavation, except for minimal excavation

related to elevator or mechanical work, or any change to,

replacement of, or penetration of, a window, skylight, exterior

wall or roof or any portion thereof, and

(e) for floors one through six (1-6) does not involve a dropped

ceiling greater than one foot (1’0”) below the head of a

window, a perpendicular partition abutting a window, or a

parallel partition blocking more than one foot (1’0”) of a

window, any of which is less than a minimum of one foot (1'-

0") back from interior window sill or frame, whichever is

further from the glass.

likewise join in the request for an expedited review of the

application;

(D) that the architect or engineer and associate architects or engineers, if

any, are aware that the Landmarks Preservation Commission will

rely upon the truth and accuracy of the statements contained in the

application made by them, and any amendments submitted in

connection therewith, as to compliance with the provisions of the

Landmarks Law and these rules;

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Subchapter C 132

(ii) a statement signed by the owner of the property that:

(A) the proposed work meets the criteria for expedited review as

described in subdivision (b);

(B) no change to, or modification of, the proposed work will be

undertaken by the owner, his or her architect or engineer or any other

agent of the owner without the prior approval of the Landmarks

Preservation Commission; and

if the same becomes necessary;

(3) No Summons from the Landmarks Preservation Commission is in effect against

the property which is the subject of the proposed work for which an expedited

review is requested; and

(4) The application is complete in all other respects.

(5) The architect or engineer and associate architects or engineers, if applicable, have

not been excluded by:

(i) the Chair of the Landmarks Preservation Commission from the procedures

for expedited review pursuant to §2-34 of these rules; or

(ii) the Commissioner of the Department of Buildings from the Department's

procedures for limited supervisory check of applications and plans set forth

in 1 RCNY §21-02.

(d) Issuance of Permit or Report. If all conditions to an expedited review have been

satisfied, LPC Staff will:

(1) issue a CNE or a report to the applicant within five business days of receipt of a

complete application; and

(2) perforate all drawings accompanying such application to indicate approval

thereof.

§2-33 EFFECT OF FAILURE TO MEET CONDITIONS FOR AN EXPEDITED

REVIEW.

The Landmarks Preservation Commission shall notify any applicant who has requested an

expedited review of his or her application under these rules of the reason for their failure to satisfy

the conditions for expedited review.

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Subchapter C 133

§2-34 REMEDIES FOR FALSE STATEMENTS AND PROCEDURES FOR ACTION.

(a) Grounds for action.

(1) The Chair of the Landmarks Preservation Commission may exclude any architect

or engineer from the procedures for expedited review of applications if the Chair

of the Landmarks Preservation Commission finds that:

(i) In connection with the Landmarks Preservation Commission expedited

review form described in §2-32(c)(1) of these rules the architect or engineer

has:

(A) knowingly or negligently made any false or misleading statement; or

(B) knowingly or negligently omitted a statement or failed to state a

material fact; or

(D) willfully induced another person to do any of the above; or

(ii) A Summons, a previously issued Notice of Violation, or "Notice to Stop

Work" has been issued by the Landmarks Preservation Commission against

work performed pursuant to any plans, prepared by or under the supervision

of such architect or engineer, and such architect or engineer knew, or had

reason to know, that the work performed pursuant to such application, plan,

certification, or report was not carried out in accordance with approved plans

or exceeded the scope of such approved plans and such architect or engineer

failed to act to stop such work and/or correct such work.

(2) The powers, rights and remedies of the Landmarks Preservation Commission set

forth in this §2-34(a) are non-exclusive and will not be deemed to limit or

supersede any other power, right or remedy of the Landmarks Preservation

Commission.

(b) Procedures.

(1) Written notice of a preliminary determination, together with the basis for such

action to exclude from expedited review must be served on the Architect or

Engineer of record pursuant to the provisions of New York State Civil Practice

Law and Rules §308.

(2) The Architect or Engineer notified under §2-34(b)(1) will be entitled to, and

scheduled for, a hearing on the preliminary determination in accordance with §2-

34(c) if written objection to the preliminary determination and the grounds for such

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Subchapter C 134

objection are submitted to the Chair of the Landmarks Preservation Commission

within fifteen (15) days after the date that the notice of preliminary determination

is served.

(3) If no hearing is requested pursuant to §2-34(b)(2) above, the preliminary

determination of the Chair of the Landmarks Preservation Commission will be

deemed confirmed and will become final and effective on the sixteenth 16th day

after the preliminary notice of determination is served.

(4) If after a hearing in accordance with §2-34(c), the Chair of the Landmarks

Preservation Commission confirms the preliminary determination, the Chair must

notify the Architect or Engineer of such decision and such notice must include a

written statement indicating the reason for his or her determination.

(5) On or after the effective date of the final determination to exclude an Architect or

Engineer from participation in expedited review procedures all of the plans

prepared by or under the supervision of such Architect or Engineer must be subject

to full review by the Landmarks Preservation Commission.

(1) Any hearing described in §2-34(b)(2) will be held at, and conducted by the Office

of Administrative Trials and Hearings in accordance with their rules and

procedures.

(2) The Architect or Engineer may be represented by counsel and may present

evidence in his or her behalf. A transcribed or tape-recorded record must be kept

of the hearing.

(3) The Chair of the Landmarks Preservation Commission must notify the respondent

of the final determination within ten (10) days after the receipt of the findings of

fact from the Office of Administrative Trials and Hearings on such matters. The

determination of the Landmarks Preservation Commission must be supported by

substantial evidence.

(d) Review of Determination. At the expiration of two (2) years from the date of the initial

determination to exclude an Architect or Engineer from participation in the procedures

for expedited review of applications, and at intervals of no more than six months

thereafter, upon request of the Architect or Engineer, the Chair of the Landmarks

Preservation Commission must reexamine such determination. If the Architect or

Engineer has not committed any of the acts described in clause (2) of §2-34(a) above

during such period, the Chair of the Landmarks Preservation Commission may rescind

such determination.

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Chapter 3 1

CHAPTER 3: [Reserved]

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Chapter 4 1

CHAPTER 4: DESIGNATED BROADWAY THEATERS

§4-01 TREATMENT OF DESIGNATED BROADWAY THEATER INTERIORS

(THEATER INTERIOR GUIDELINES)

§4-02 TREATMENT OF DESIGNATED BROADWAY THEATER EXTERIORS

(THEATER EXTERIOR GUIDELINES)

§4-01 TREATMENT OF DESIGNATED BROADWAY THEATER INTERIORS

(THEATER INTERIOR GUIDELINES).

(a) Preface. Work may be done on designated interior portions of theaters either without

application to the Commission, or with a Certificate of No Effect on Protected

Architectural Features (CNE) if the proposed work is in accordance with the following

guidelines:

(1) For production-related work, no application to Landmarks Preservation

Commission is needed if the guidelines set forth in 4-01(b)(1) below are

followed, but owner must submit a written description to the Landmarks

Preservation Commission (LPC), prior to undertaking the work, clearly

delineating the scope of the proposed work. This description should also include

steps to be taken after the end of the production to return the interior to its prior

condition if significant architectural features are proposed to be altered, unless

further changes are mandated by an incoming production, in which case the

interior would be returned to its prior condition following the latter production.

(2) For permanent alterations, application to LPC is necessary and a CNE will be

issued by staff if in accordance with the guidelines set forth in 4-01(b)(2) below.

(3) Applications for work not in accordance with the guidelines will be subject to the

usual landmark review procedure as set forth in Chapter 3 of Title 25 of the

Administrative Code.

Note: The guidelines are keyed to underlined portions of the Description Section of

the Designation Reports, which identify architecturally significant features requiring

protection.

(b) Guidelines.

(1) Production-related changes. No permit needed for work, if the following

conditions are met:

(i) Interior configuration of the theater is maintained.

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Chapter 4 2

(ii) Any alteration to architectural features underlined in the Description

Section of the Designation Report is reversible. (It should be noted that

alterations to certain architectural features may not be reversible; for

example, murals or heavily three-dimensional decorative features such as

putti.)

(iii) Following a production in which a theater interior is to be painted a non-

contrasting color scheme, the theater interior will be painted in contrasting

colors, unless some other color scheme is mandated by the incoming

production, in which case the interior would be painted in contrasting

colors following the latter production. (A contrasting color scheme is one

in which the ornamental architectural details are painted a different color or

a different value or hue of the same color than the background.)

(iv) If the Buildings Department requires a permit for the work, a CNE will be

issued by staff within five working days of the receipt of a completed

application.

(2) Permanent changes. A CNE will be issued by the staff within five working

days of receipt of a completed application for alterations to the theater if the

following conditions are met:

(i) Interior configuration is maintained.

(ii) Staff has determined that the alteration would not affect significant

architectural features underlined in the Description Section of the

Designation Report. In theaters which are only designated on the interior,

such alterations could include exterior build-overs.

(iii) Any installation of state-of -the-art changes, as certified by the owner, such

as light bridges, sound booths, and balcony rail light housings, provided

that staff finds that

(A) their installation will have no effect on the physical fabric of the

significant architectural features of the interior, or

(B) such effect is reversible and that adequate steps will be taken to

assure that affected features can be replaced in the future.

§4-02 TREATMENT OF DESIGNATED BROADWAY THEATER EXTERIORS

(THEATER EXTERIOR GUIDELINES).

(a) Preface. Work may be done on designated exterior portions of theaters either without

application to the Commission, or with a Certificate of No Effect on Protected

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Chapter 4 3

Architectural Features (CNE) if the proposed work is in accordance with the following

guidelines:

(1) For production-related work, no application to LPC is needed if the guidelines set

forth in 4-02(b)(1) below are followed, but the owner must submit a written

description to the LPC, prior to undertaking the work, clearly delineating the

scope of the proposed work. This description should also include steps to be

taken after the end of the production to return the exterior to its prior condition if

significant architectural features are proposed to be altered.

(2) For permanent alterations, application to LPC is necessary and a CNE will be

issued by staff if in accordance with the guidelines set forth in 4-02(b)(2) below.

(3) Applications for work not in accordance with the guidelines will be subject to the

usual landmark review procedure as set forth in Chapter 3 of Title 25 of the

Administrative Code.

Note: The guidelines are keyed to underlined portions of the Description Section of

the Designation Reports, which identify architecturally significant features requiring

protection.

(b) Guidelines.

(1) Production-related changes. No permit is needed for the following work, if the

stated conditions are met:

(i) The installation of new signage or alteration of existing signage, lighting,

or other advertisement, provided that anchorages do not physically affect

architectural features underlined in the designation report description.

(Changing of light box fillers, posters, photos, etc. would not require

review or notice to the Commission.)

(ii) Painting of exterior surfaces, if they were previously painted.

(iii) Alterations or additions to any undeveloped portions of the theater exterior,

provided that the protected features of a designated interior are not

affected.

(iv) Any alterations to underlined exterior architectural features in the report

that are reversible. (A reversible alteration is one in which the altered

feature can be returned to its appearance prior to the alteration.)

(v) Removal of any feature which has not been identified in the Description

Section of the Designation Report of the theater.

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Chapter 4 4

(vi) For theaters in which the exterior is designated only for cultural and

historical significance, any alteration to the facade may be made provided

that:

(A) Lighted signage and advertisements for productions are utilized.

(B) Continuous entrance doors are maintained between the lobby and the

street and the auditorium and the street, where they presently exist.

doors referred to in 4-02(b)(1)(vi)(B).

(2) Permanent Changes. A CNE will be issued by the staff within five working

days of receipt of completed application for the following work, if the stated

conditions are met.

(i) The installation of new signage or alteration of existing signage, lighting,

awnings, marquees or other advertisements, provided that anchorages do

not physically affect architectural features underlined in the Description

Section of the Designation Report and that the signage, lighting, or awning

of marquee is not architecturally significant in itself.

(ii) Any alteration or additions to any portion of the theater exterior not visible

from the public way, provided that the protected features of the exterior of

any designated interior are not affected.

(iii) Removal of any feature which has not been identified and underlined in the

Description Section of the Designation Report of the theater.

(iv) For theaters in which the exterior is designated only for cultural or

historical significance, any alterations to the exterior of the theater may be

made provided that:

(A) Lighted signage and advertisements for productions are utilized.

(B) Continuous entrance doors are maintained between the lobby and the

street and the auditorium exit and the street, where they presently

exist.

doors referred to in 4-02(b)(2)(iv)(B).

(D) The existing proportions of the facade (width to height) are not

altered.

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Chapter 5 1

CHAPTER 5: HISTORIC PRESERVATION GRANT PROGRAM

§5-01 INTRODUCTION

§5-02 GENERAL ELIGIBILITY REQUIREMENTS

§5-03 SELECTION BOARD AND CRITERIA

§5-04 APPLICATION MATERIALS

§5-01 INTRODUCTION.

The Historic Preservation Grant Program provides grants to eligible nonprofit organizations and

homeowners for the preservation of designated landmark properties through restoration, repair

and rehabilitation work. All grants must meet the guidelines laid out for historic preservation

activities under the federal Community Block Grant program regulations. 24 CFR Sec.

570.202(d).

Application forms and fact sheets for the Historic Preservation Grant Program may be obtained

from the Commission’s website or by contacting the Commission's Director of the Historic

Preservation Grant Program.

§5-02 GENERAL ELIGIBILITY REQUIREMENTS.

In addition to any applicable federal regulations regarding the Community Block Grant Program,

grant applicants must also meet the following criteria:

(a) Eligible Structures. Structures which are designated or calendared individual

landmarks, are located in designated historic districts, or contain Interior Landmarks.

Eligible structures may also include those improvements located in New York City that

are listed or eligible for listing on the National Register.

(b) Eligible Repairs. Grants may be made for the following work:

(1) To repair and restore exterior features of an eligible structure;

(2) To address structural damage or severe deterioration that threatens to undermine

the integrity of an eligible structure;

(3) To repair and restore eligible interiors;

(4) To make alterations which will protect the landmark from physical damage,

including the installation of appropriate flood barriers; and

(5) To make alterations that will make the landmark more energy efficient.

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Chapter 5 2

(1) Homeowners. Owners of eligible residential properties are eligible to receive

grant funds if:

(i) the owner and/or occupants meet §8 income limits as they appear in the

federal Community Block Grant Program regulations as defined in 24 CFR

§570.208(a)(2)(i)(B) and (C); or

(ii) the work is eligible historic preservation or building rehabilitation work as

defined in 24 CFR §570.208(b)(2).

(2) Nonprofit organizations.

(i) Nonprofit organizations applying for grant funds must either own or hold a

long term lease on the property for which funds are sought.

(ii) To be eligible for consideration as a non-profit organization, the applicant

must be a charitable, cultural, educational, scientific, literary, or other

entity organized under §501(c)(3) of the Internal Revenue Code.

(d) Grant Beneficiaries. All grant-funded work must (1) principally benefit low and

moderate income persons or (2) address slum and blight conditions as set forth in and

defined under the federal Community Block Grant Program regulations. 24 CFR

§570.208.

§5-03 SELECTION BOARD AND CRITERIA.

(a) Grant applications will be evaluated and funds will be awarded by a board composed

of the director of the Historic Preservation Grant Program and other staff members of

the Landmarks Preservation Commission as the Chair shall in his or her discretion

appoint.

(b) In awarding grants, the Historic Preservation Grant Program board will give preference

to properties designated or calendared by the Landmarks Preservation Commission and

will consider the following factors, among others:

(1) The architectural and historical importance of the building;

(2) The condition of the building and the degree to which the proposed work will

materially address the building's condition;

(3) The applicant's financial resources;

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Chapter 5 3

(4) Whether the applicant is proposing to use other funds along with the grant to pay

for the proposed work; and

(5) The effect the grant will have on improving the building and/or the district.

§5-04 APPLICATION MATERIALS.

In addition to any other material required by LPC Staff, the following documents, as applicable,

must be submitted in support of an application for a grant:

(a) Individuals. An applicant who is an individual, or is comprised of multiple

individuals, must submit for each individual, as applicable, the following documents:

(1) Signed current federal tax forms, or, if no tax return was required to be filed, a

signed statement with an explanation. If income has changed substantially, the

applicant must submit relevant tax forms for the last three (3) years;

(2) W-2 Forms and Schedules A, B, C, D, and E filed with each 1040 Tax Form;

(3) A signed list of all properties owned and related rent receipts in lieu of Schedule

(4) Pension receipts;

(5) Notification of Social Security, disability or other benefits;

(6) Records of all other income or distributions;

(7) List of sources of funding for restoration project; and

(8) The property deed in the name(s) of the applicant(s).

(b) Non-Profit Entity. An applicant that is a nonprofit organization must submit the

following documentation:

(1) A copy of the articles of incorporation and confirmation from the Internal

Revenue Service of its non-profit status; and

(2) the property deed or long-term lease in the name of the applicant.

following conditions apply to every grant:

(1) The grant pays for specific work items;

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Chapter 5 4

(2) Work cannot begin until:

(i) LPC Staff and the grant recipient sign a contract;

(ii) Re-sale and insurance clauses of the contract have been satisfied;

(iii) LPC issues approval(s) for the work; and

(iv) LPC Staff notifies the contractor that work can begin;

(3) Except under unusual circumstances, at least three (3) competitive bids must be

obtained for proposed work; bids will be solicited by the LPC Staff and work

must be approved by the Commission before funds are disbursed to the

contractor;

(4) Depending on the scope of work, the property may be inspected for the presence

of lead-based paint. If lead-based paint hazards are found, the grant recipient

will be responsible for the remediation of those hazards pursuant to City and/or

federal law;

(5) Preference is given to extremely low-, low-, and moderate-income owners that

use other funds along with the grant to restore the façade of their building;

(6) Grantees cannot have unpaid real estate taxes or water or sewer charges; and

(7) If there are Landmarks Preservation Commission or Department of Buildings

violations on an otherwise eligible property, the presence of such violations, the

nature of the violations and any plans to address the violations, will be

considered.

(8) Occupancy requirement/resale restriction:

(i) The grant recipient must continuously occupy at least one Unit on the

property that is the subject of the grant as his or her primary residence, for

a period of five (5) years from the date of final payment to the contractor

for the work performed pursuant to the grant.

(ii) If the grant recipient transfers the property within such five-year period, the

grant recipient must return to the Landmarks Preservation Commission the

grant on a pro-rated basis as follows: one hundred (100) percent of the

grant if the property is transferred during the first year after final payment;

eighty (80) percent if transferred during the second year; sixty (60) percent

if transferred during the third year; forty (40) percent if transferred during

the fourth year; and twenty (20) percent if transferred during the fifth year

after the final payment.

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Chapter 6 1

CHAPTER 6: PROPOSED ALTERATIONS AND NEW

CONSTRUCTION OF STRUCTURES AND

LANDSCAPES IN THE RIVERDALE HISTORIC

DISTRICT

§6-01 INTRODUCTION

§6-02 DEFINITIONS

§6-03 STATEMENT OF REGULATORY POLICY

§6-04 MODIFICATIONS OF AND ADDITIONS TO EXISTING BUILDINGS

§6-05 REGULATION OF LANDSCAPE IMPROVEMENTS

§6-06 CONSTRUCTION OF NEW STRUCTURES

§6-01 INTRODUCTION.

The purpose of these rules is to establish the Landmarks Preservation Commission's regulatory

policy in the Riverdale Historic District.

The Riverdale Historic District which was developed as an early railroad suburb is characterized

as a distinct area of the city by its dramatic and verdant topography and its fine examples of

nineteenth and early twentieth century dwellings and carriage houses. The houses and other

buildings in the district are harmoniously sited within the landscape and are separated from each

other by Landscape Improvements.

Landscaping in the Riverdale Historic District provides the picturesque setting which is a

defining element of a romantic style suburb of the nineteenth century. Landscape Improvements

such as trees, stone walls and hedges, used to define property lines, and additional plantings

within the expansive gardens and alongside the houses, add to the special character of the

Historic District.

The district contains 34 buildings of varied type and age. The development of the Riverdale

Historic District is important in understanding the district's historical character. Originally, the

area was comprised of only seven estates which were served by a common carriage alley

(Sycamore Avenue). All of the estates were developed in the 1850's. Several early estate houses

remain, as well as stables and carriage houses (later converted for residential use). The

configuration of these estates remained intact until 1935, when the original parcels began to be

subdivided for development. Four new houses were built between 1935 and 1938. No new

buildings were built thereafter until 1950. From 1950 to 1980 twelve new structures were

constructed. These newer structures are stylistically diverse but are generally compatible with

the older buildings in terms of their placement, height, materials and finish.

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§6-02 DEFINITIONS.

As used in these Rules the following terms shall have the following meanings:

Addition. "Addition" shall mean an extension or increase in the floor area or height of a

building that increases its external dimensions.

Commission. "Commission" shall mean the New York City Landmarks Preservation

Commission as established by Section 3020 of the New York City Charter.

Demolition. "Demolition" shall mean the dismantling or razing of all or part of an existing

Improvement or significant Landscape Improvement.

Improvement. "Improvement" shall mean any building, structure, place, work of art or

other object constituting a physical betterment of real property, or any part of such

betterment other than a Landscape Improvement.

Landscape improvement. "Landscape improvement" shall mean a physical betterment of

real property or any part thereof, consisting of natural or artificial landscaping, including but

not limited to grade, terrace, body of water, stream, rock, hedge, plant, shrub, mature tree,

path, walkway, road, plaza, wall, fence, step, fountain, or sculpture.

Landmarks Law. "Landmarks Law" shall refer to New York City Charter Section 3020 and

Chapter 3 of Title 25 of the Administrative Code of the City of New York.

Landmarks Preservation Commission. "Landmarks Preservation Commission" shall mean

the Commission acting in its agency capacity to implement the Landmarks Law.

Mature tree. "Mature tree" shall mean any tree with a trunk diameter of 12" or greater.

Modification. "Modification" shall mean any work to an existing improvement or landscape

improvement other than (a) ordinary maintenance or repair; or (b) any Addition.

Permit. "Permit" shall mean any permit other than a Notice to Proceed issued by the

Landmarks Preservation Commission in accordance with the provisions of the Landmarks

Law.

(a) "PMW" shall mean a Permit for Minor Work as defined by Section 25-310 of the

Landmarks Law.

(b) "CNE" shall mean a Certificate of No Effect as defined by Section 25-306 of the

Landmarks Law.

of the Landmarks Law.

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Pre-1940 building. "Pre-1940 building" shall mean any building in the Riverdale Historic

District built, in whole or in part, prior to January 1, 1940 including buildings which have

undergone subsequent remodelling and alterations.

Post-1939 building. "Post-1939 building" shall mean any building in the Riverdale Historic

District built on or after January 1, 1940.

Public thoroughfare. "Public thoroughfare" shall mean any publically accessible right of

way including, but not limited to a street, sidewalk, public park, and path.

Significant architectural feature. "Significant architectural feature" shall mean any

character-defining external component of a building including, but not limited to, the kind,

color and texture of the building material and the type and style of any window, door, light,

sign, and other fixture appurtenant to any Improvement.

Significant landscape improvement. "Significant landscape improvement" shall mean any

landscape improvement which is a character-defining element in its historic district,

contributing to the special aesthetic and historic character for which the district was

designated, and including but not limited to those landscape improvements identified as

landscape features in the designation report.

Special Natural Area District. "Special Natural Area District" shall refer to a Special

Purpose District designated by the New York City Planning Commission pursuant to Article

X, Chapter 5 of the New York City Zoning Resolution which is mapped in areas where

outstanding natural features or areas of natural beauty are to be protected.

§6-03 STATEMENT OF REGULATORY POLICY.

(a) In regulating modifications and additions to any existing Improvement and

construction of any new structures or any work affecting landscape improvements in

the Riverdale Historic District, the Landmarks Preservation Commission seeks to

preserve the Riverdale Historic District's important landscape qualities and special

architectural and historic character.

(b) In the Riverdale Historic District, the Landmarks Preservation Commission finds that

the houses and other structures which make an important and significant architectural

contribution to the Riverdale Historic District are those built, in whole or in part,

before 1940.

the Riverdale Historic District in terms of the placement, style, size, material and

finish of such work, the Landmarks Preservation Commission shall consider such

work's proximity to any significant landscape improvement or pre-1940 building and

how it may physically or visually impact the building or landscape improvement.

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The Landmarks Preservation Commission shall also consider the extent of the

proposal's visibility from a public thoroughfare.

§6-04 MODIFICATIONS OF AND ADDITIONS TO EXISTING BUILDINGS.

(a) Applications for proposed work. An application shall be filed for any proposed

modification or addition to any existing improvement or the construction of any new

structure within the Riverdale Historic District for review by the Landmarks

Preservation Commission and no work shall commence until the Landmarks

Preservation Commission has issued a permit approving such work.

(b) Pre-1940 buildings.

(1) The Landmarks Preservation Commission shall issue a CNE or a PMW for

the following:

(i) Any addition to an existing structure which does not result in damage to or

cause the demolition of a significant landscape improvement and which is

to be situated in such a way as not to be visible from a public thoroughfare.

(ii) Any modification to an existing structure which:

(A) does not result in damage to or cause the demolition of a significant

architectural feature or significant landscape improvement; and

(B) which is compatible with the existing structure's special architectural

characteristics in terms of the placement, style, size, materials and

finish of such modification.

(2) The Landmarks Preservation Commission shall consider an application for

any of the following types of work as a request for a Certificate of

Appropriateness (CofA) and shall hold a public hearing on such application:

(i) Any addition which is visible from a public thoroughfare.

(ii) Any modification or addition which does not meet the criteria for issuance

of a PMW or CNE set forth in Subsection 6-04(b)(1) above, including any

modification or addition which would result in damage to or cause the

demolition of a significant architectural feature or significant landscape

improvement.

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(1) The Landmarks Preservation Commission shall issue a CNE or a PMW for

the following:

(i) Any addition to an existing structure which does not result in damage to or

cause the demolition of a significant landscape improvement and which is

to be situated in such a way as to not be visible from a public thoroughfare.

(ii) Any addition to an existing structure which:

(A) although visible from a public thoroughfare does not result in

damage to or demolition of a significant landscape improvement; and

(B) is compatible with the special characteristics of the Riverside

Historic District in terms of placement, height, roof line, materials

and finish of such addition.

(iii) Any modification to an existing structure which:

(A) does not result in damage to or cause the demolition of a significant

landscape improvement; and

(B) is compatible with the special characteristics of the Riverside

Historic District in terms of its materials and finish.

(2) The Landmarks Preservation Commission shall consider an application for

any of the following types of work as a request for a Certificate of

Appropriateness and shall hold a public hearing on such application:

(i) Any addition or modification which results in damage to or causes the

demolition of a significant landscape improvement.

(ii) Any addition or modification which does not meet the criteria for the

issuance of a PMW or CNE set forth above in subsection 6-04(c)(1).

§6-05 REGULATION OF LANDSCAPE IMPROVEMENTS.

(a) Actions not Subject to Regulation.

(1) The Landmarks Preservation Commission shall not regulate ordinary and

beneficial landscaping activities which are in accordance with accepted

horticultural practice such as pruning, planting of seasonal flower beds or

vegetable gardens, or planting of ornamental shrubs or trees.

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(2) The Landmarks Preservation Commission shall not regulate the placement of

portable garden furniture nor the installation of any temporary enclosures such as

a tent for a party or reception.

(b) Modification of Landscape Improvements.

(1) The boundaries of the Riverdale Historic District lie entirely with the Riverdale

Special Natural Area District. These rules are intended to work with and

complement the Riverdale Special Natural Area District zoning.

(2) The Landmarks Preservation Commission shall regulate any modification to the

landscape of the Riverdale Historic District which involves the installation of any

permanent fixture or the construction of any structure or paved area or which

would cause the demolition of, or have an impact on, any significant landscape

improvement. Such work shall include:

(i) modification to or construction of any wall, step, path, drive, railing, fence,

gate and gate post, permanent garden structure and pavilion, sidewalk and

street gutter;

(ii) any change which affects or impacts upon a hedge or Mature Tree as well

as any excavation or fill in a slope exceeding 15 percent; and

(iii) the installation of a new paved area, patio or deck.

(3) The Landmarks Preservation Commission shall issue a CNE or a PMW for the

following landscape modifications:

(i) Work which does not result in damage to or demolition of any significant

landscape improvement.

(ii) Work which in terms of placement, style, size, material and finish is

compatible with the special characteristics of the Riverdale Historic

District.

(4) The Landmarks Preservation Commission shall consider any application for a

proposed landscape modification which does not meet the criteria for a CNE or

PMW set forth above in subsection 6-05 (b)(3) as a request for a Certificate of

Appropriateness (CofA) and shall hold a public hearing on such application.

work having an effect on any landscape improvement within the Riverdale Historic

District for review by the Landmarks Preservation Commission and no work shall

commence until the Landmarks Preservation Commission has issued a permit

approving such work.

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§6-06 CONSTRUCTION OF NEW STRUCTURES.

Any application for a new structure shall be considered as a request for a Certificate of

Appropriateness and shall be reviewed at a public hearing. In determining the appropriateness of

any new structure the Landmarks Preservation Commission shall take in to consideration such

new structure's location, its proximity to and impact on any pre-1940 building or any significant

landscape improvement, its placement into the landscape, and its compatibility with the visual

and architectural character of the Riverdale Historic District. Additional considerations shall

include the new structure's proximity to a public thoroughfare and the extent of its visibility from

a public thoroughfare.

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Chapter 7 1

CHAPTER 7: PERMIT DURATION, RENEWAL, AND REVOCATION

§7-01 DEFINITIONS

§7-02 DURATION OF PERMITS

§7-03 RENEWAL AND REINSTATEMENT OF PERMITS

§7-04 EFFECT OF EXPIRATION OF PERMITS

§7-05 REVOCATION OF APPROVALS

§7-01 DEFINITIONS.

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 §3020 of the New York City 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 §854(h) of the New York City 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.

(3) “C of A” means a Certificate of Appropriateness as defined by §25-307 of the

Landmarks Law and shall not refer to a Certificate of Appropriateness as defined

by §25-309.

(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.

(5) “Report” means an Advisory or Binding Report as defined by §25-218 of the

Landmarks Law and as referenced in §854(h) of the New York City Charter.

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§7-02 DURATION OF PERMITS.

(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

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Chapter 7 3

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.

Summons. Without limiting the time periods for permit duration set forth in

subdivision 7-02(b), where a permit or certificate has been issued to address conditions

subject to a warning letter or Summons issued pursuant to Chapter 11 of Title 63, 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.

§7-03 RENEWAL AND REINSTATEMENT OF PERMITS.

(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

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Chapter 7 4

(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.

(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

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(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 paragraph 7-03(b)(2) of this section 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

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(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.

§7-04 EFFECT OF EXPIRATION OF PERMITS.

(a) Upon expiration of any permit, such permit will terminate and be of no further effect,

except if the permit is renewed or reinstated pursuant to § 7-03 or otherwise complies

with the provisions of § 7-02(a)(3). Work done after an approval has expired, except

for reasonable and necessary work undertaken to stabilize and secure the site pending

application for and issuance of a renewed or reinstated approval subject to § 7-03, or

a new approval, will constitute a violation of the Landmarks Law and may be subject

to enforcement proceedings. A renewed or reinstated permit will not be a defense

against any enforcement proceedings related to work occurring after the expiration

and before such renewal or reinstatement.

(b) An applicant may apply for a new permit for work which is the subject of an expired

permit. The Commission will treat such application as a new application in all

respects and it will be subject to all applicable procedures, rules and guidelines in

effect at the time of such application.

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§7-05 REVOCATION OF APPROVALS.

(a) The Commission may revoke the approval of any certificate of no effect,

certificate of appropriateness, permit for minor work, binding or advisory

report, notice to proceed, or any amendments thereof, whenever:

(i) there is a failure to comply with the provisions of chapter 3 of title 25 of the

Administrative Code of the City of New York, or this title of the Rules of the

City of New York;

(ii) there is any incorrect or false statement or any misrepresentation or omission

in the documents submitted in the application for approval with respect to a

fact that was material to the issuance of the approval;

(iii) or an approval has been issued in error and conditions are such that approval

should not have been issued. In such an event, the Commission will issue a

"Notice of Intent to Revoke" ("Notice") that will inform the applicant of the

reasons for the proposed revocation. The applicant has the right to present to

the commissioner or his or her representative information on why the approval

should not be revoked. The applicant must present such evidence within 10

business days if the Notice was personally served or 15 calendar days if the

Notice was sent by mail.

(b) Effect on Approval. Upon issuance of a Notice all work must cease immediately and

no work will occur at the site until such time as the Commission shall withdraw the

Notice and reinstate the approval. Revocation of an approval will be effective upon

the issuance of a written Final Decision of Revocation by the commissioner after the

time period for submission of rebuttal information has ended. The Final Decision of

Revocation should be issued within 20 working days after the time period for the

applicant to respond has expired, or within ten working days after receipt of a written

request for issuance of a Final Decision of Revocation if the commissioner fails to

issue the Final Decision of Revocation in the initial 20 working day period. The Final

Decision of Revocation will state the reasons that the approval is being withdrawn.

The revocation of any approval is the automatic revocation of all associated approvals

(including certificates, permits, reports, notices or amendments in the future) that may

have been issued.

issued by personal service or sent by registered mail to the applicant's address as

it appears in the application. If the registered mail is unsuccessful, the commission

may send the notice using the procedures permitted in section 25-313 of the

Administrative Code of the City of New York.

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(d) Enforcement action. All or some of the work performed in connection with an

approval that has been revoked may be subject to enforcement action under sections

25-317, 25-317.1 and 25-317.2 of the Administrative Code of the City of New York.

Such enforcement action may start upon the issuance of a written final decision by the

commissioner or his or her designee to revoke the approval.

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Chapter 8 1

CHAPTER 8: PROPOSED ALTERATIONS AND NEW

CONSTRUCTION OF STOREFRONTS IN THE

JACKSON HEIGHTS HISTORIC DISTRICT

§8-01 INTRODUCTION

§8-02 DEFINITIONS

§8-03 ROUTINE MAINTENANCE

§8-04 STOREFRONT ALTERATIONS

§8-05 PROCEDURE

APPENDIX A: ILLUSTRATIONS OF DEFINITIONS OF ARCHITECTURAL

ELEMENT

APPENDIX B: APPLICATION DRAWINGS

§8-01 INTRODUCTION.

These Rules are issued to assist the public in applying to the Landmarks Preservation

Commission (the "Commission") for approval for the restoration, rehabilitation, alteration, or

replacement of storefronts and associated fixtures in existing buildings within the Jackson

Heights Historic District. These Rules enunciate the Commission's policy with respect to such

work, and allow the staff of the Commission ("LPC staff”) to issue permits for work conforming

to these Rules. These Rules will ensure that new storefronts will be consistent with the

architectural features that establish the aesthetic, historical, and architectural value and

significance of the Jackson Heights Historic District.

The Jackson Heights Historic District represents one of the first areas in the city in which the

commercial thoroughfares were designed to complement and integrate with the residential

buildings through the use of the same architectural styles and features of adjoining residential

buildings. The majority of buildings within the Jackson Heights Historic District were built

between 1910 and the 1950's. The styles found in both the residential and commercial buildings

of the Jackson Heights Historic District include the neo-Tudor (e.g., English Gables at 37-12 to

37-34 82nd Street), the neo-Romanesque (e.g., Ravenna Court at 80-01 to 80-29 37th Avenue),

the neo-Georgian (e.g., Georgian Hall at 83-01 to 83-27 37th Avenue), and the Moderne (e.g.,

78-01 to 78-15 37th Avenue).

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§8-02 DEFINITIONS.

As used in the Jackson Heights Historic District Storefront Rules, the following terms shall have

the following meanings:

Awning. "Awning" shall mean a metal frame clad with fabric attached over a storefront,

door or window, to provide protection from the sun or rain.

Bulkhead. "Bulkhead" shall mean the part of a storefront that forms a base for one or more

display windows (see Appendix A).

Building streetwall. "Building Streetwall" shall mean the predominant plane of the building

facade at the level of the storefront.

Canopy. "Canopy" shall mean a metal frame clad with fabric that projects from a building

entrance over the sidewalk to the curb, where it is supported on vertical posts.

Commission. "The Commission" shall mean the Commissioners of the Landmarks

Preservation Commission, including the Chairman, as established by Section 3020 of the

New York City Charter.

Cornice. "Cornice" shall mean a horizontal molded projection that completes the top of a

wall, facade, building or storefront (see Appendix A).

Display window. "Display window" shall mean the large glazed portion of the storefront,

and the associated framing, above the bulkhead and below the transom, extending from pier

to pier. The display window is typically used for the display of goods and to provide

daylight and visibility into the commercial space (see Appendix A).

Entrance recess. "Entrance recess" shall mean the recessed opening in the facade leading up

to the doorway of a storefront or building entrance (see Appendix A).

Facade. "Facade" shall mean an entire exterior face of a building.

Fixture. "Fixture" shall mean an appliance or device attached to the facade (e.g., awning,

sign, lighting fixture, conduit, or security gate).

Historic fabric. "Historic fabric" shall mean a building's original or significant historic

facade construction material or ornament, or fragments thereof.

Landmarks Law. "Landmarks Law" shall refer to Section 3020 of the New York City

Charter and Chapter 3 of Title 25 of the Administrative Code of the City of New York.

Lighting. "Lighting" shall mean the method or equipment for providing artificial

illumination.

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Lintel. "Lintel" shall mean the horizontal member or element above a door or window

opening (see Appendix A).

LPC staff. "LPC staff" shall mean the staff of the Landmarks Preservation Commission

acting in the Commission's agency capacity.

Permit. "Permit" shall mean any permit other than a Notice to Proceed, issued by the

Landmarks Preservation Commission, in accordance with the provisions of the Landmarks

Law:

(a) “PMW” shall mean a Permit for Minor Work as defined by Section 25-310 of the

Landmarks Law.

(b) "CNE" shall mean a Certificate of No Effect as defined by Section 25-306 of the

Landmarks Law.

of the Landmarks Law and shall not refer to a Certificate of Appropriateness as

defined by Section 25-309.

Pier. "Pier" shall mean a vertical supporting member or element (usually of brick, stone, or

metal) placed at intervals along a wall, which typically separate each storefront opening from

the adjacent storefront opening (see Appendix A).

Roll-down gate. "Roll-down gate" shall mean a security gate with a mechanism that allows

it to roll up and down.

Rules. "Rules" shall mean the rules governing the practice and procedure of the Commission

as promulgated in Title 63 of the Rules of the City of New York.

Scissor gate. "Scissor gate" shall mean a security gate with a sideways retractable

mechanism.

Security gate. "Security gate" shall mean a movable metal fixture installed in front of a

storefront or inside the display window or door to protect the store from theft or vandalism

when the store is closed. A security gate can be either the roll-down or scissor variety.

Security gate housing. "Security gate housing" or "housing" shall mean the container that

houses the rolling mechanism of a roll-down security gate.

Security gate tracks. "Security gate tracks" shall mean the interior or exterior tracks along

the sides of the storefront (for roll-down gates) or along the top and bottom of the storefront

(for scissor gates) that hold the edges of the gates.

Sign. "Sign" shall mean a fixture or area containing lettering or logos used to advertise a

store, goods, or services (see Appendix A).

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Signage. "Signage" shall mean any lettering or logos in general, used to advertise a store,

goods, or services.

Sign band. "Sign band" shall mean the flat, horizontal area on the facade usually located

immediately above the storefront and below the second story window sill where signs were

historically attached. A sign band may also occur within a decorative bandcourse above a

storefront (see Appendix A).

Significant architectural feature. "Significant architectural feature" shall mean an exterior

architectural component of a building that contributes to its special historic, cultural, and

aesthetic character, or reinforces the special characteristics for which the Jackson Heights

Historic District was designated.

Sill. "Sill" shall mean the bottom horizontal member or element of a window or door (see

Appendix A).

Skirt. "Skirt" shall mean a bottom finishing piece that hangs from the lower edge of an

awning.

Soffit. "Soffit" shall mean the underside of a structural component such as a beam, arch, or

recessed area.

Spandrel area. "Spandrel area" shall mean the portion of the facade below the sill of an

upper story window and above the lintel of the window or display window directly below it

or above the lintel of a window or display window and the building cornice or top of building

(see Appendix A).

Storefront bay. "Storefront bay" shall mean the area of the storefront defined by and

spanning the two piers.

Storefront infill. "Storefront infill" shall mean the framing, glazing, and cladding contained

within a storefront opening in the facade.

Storefront opening. "Storefront opening" shall mean the area of the facade framed by the

piers and lintel, which contains storefront infill (see Appendix A).

Transom. "Transom" shall mean a glazed area above a display window or door separated

from the display window or door by a transom bar. A transom can be fixed or hinged (see

Appendix A).

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§8-03 ROUTINE MAINTENANCE.

A permit is not required to undertake minor ordinary repairs and cleaning such as:

(a) Window Repair. Ordinary repair and restoration of windows in accordance with the

criteria set forth in Section 3-02 (a) of these Rules ("Window Guidelines").

(b) Painting. Scraping, priming, and repainting of storefronts to recoat with the same

color and finish, provided that such color and finish either existed at the time of

designation or was subsequently applied pursuant to a Commission permit.

removal of small amounts of graffiti. Routine cleaning does not include sandblasting

and chemical cleaning.

(d) Repair or Replacement of Door or Window Hardware. Repair or replacement of

door or window hardware, excluding security gate replacement.

§8-04 STOREFRONT ALTERATIONS.

LPC staff will issue a CNE or a PMW (if the work does not require a permit from the

Department of Buildings) for storefront alterations and replacement provided the work meets

all of the following criteria:

(a) Retention of historic storefronts. All existing original or significant historic

storefronts shall be retained or repaired if feasible, or if repair is not feasible, replaced

in kind.

(b) Permitted storefront alterations.

(1) Retention of Significant Protected Features. All alterations to storefront

openings, infill, and fixtures shall preserve all significant original and historic

architectural components of the existing storefront, including those presently

concealed by non-original materials. Such components shall be retained or

repaired if feasible, or if repair is not feasible, replaced in kind.

(2) Storefront Openings.

(i) Size and placement. Storefront infill shall fit within the opening

established by the original building piers and lintels.

Chapter Three: Repair and Replacement of Windows in Landmark and Historic District Buildings (“Window

Guidelines”) is repealed. The relevant criteria are now set forth in Section 2-14 (c) of these rules.

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(ii) Separation between storefronts and upper floors. A storefront shall be

visually separated from the upper floors or the top of the building by a

horizontal architectural component, such as a cornice or sign band.

(3) Storefront Infill. The design of storefront infill shall be based on:

(i) Evidence of the original storefront. An original storefront design shall be

determined through references to historic photographs, remnants of historic

fabric, or other historic storefronts in the building or similar type of

building. (Note: LPC staff can assist you in locating historic photographs.)

All such evidence shall be submitted to the Commission with the

application; and /or

(ii) General Jackson Heights storefront infill criteria. These criteria, set forth

below, reflect the typical historic configuration of storefronts in the

Jackson Heights Historic District, which were comprised of three

horizontal parts: solid bulkhead, display window, and transom.

(A) Bulkhead. A storefront shall have a bulkhead. The bulkhead shall

be between 12 inches and 24 inches in height. The bulkhead shall be

built of or clad with one of the following materials:

(a) brick that matches the existing building facade brick;

(b) stone or cast stone;

(d) metal with molded detail. Corrugated metal shall not be

permitted.

(B) Display Window. A storefront shall have one or more display

windows. Display windows shall be framed with wood or metal and

shall be glazed with clear glass. Any blocking of the transparency of

the glass of portions of the storefront shall be reversible and maintain

the exterior surface of the glass. Back-painting or the installation of

removable opaque panels behind the glass shall be permitted. The

installation of tinted or mirrored glass shall not be permitted.

there is sufficient clearance within the existing masonry opening.

Transoms are also required above display windows unless it is

determined through physical or pictorial evidence that no transom

existed originally or if there is not sufficient clearance within the

existing masonry opening. Transoms shall be between 12 and 36

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inches in height. Transom framing shall match the material and

finish of the display window framing. Transoms shall be glazed with

clear glass. Back-painted glass or the installation of a solid panel

behind the glass shall be permitted when necessary to conceal a

dropped ceiling if such ceiling falls below the top of the transom.

(D) Building Streetwall. The overall placement of the bulk-head, display

window and display window transom shall conform to the original

building streetwall. A new display window, bulkhead, and door that

incorporate external roll-down gates, with a recessed housing that

complies with the criteria set forth below in 8-04 (b) (6) (ii), may be

recessed up to four inches to accommodate the width of the gate

tracks.

(E) Entrance. A storefront without-swinging doors shall have an

entrance recessed a minimum of 18 inches from the building

streetwall. The sides of the entrance recess shall be splayed or

angled outward toward the street, unless restricted by the property

line. Recessing is optional if a storefront has in-swinging doors.

(F) Door. A door shall have at least 75% of its surface area glazed with

clear glass and shall be framed in wood or metal. Solid, flat

(unpaneled) doors are not permitted.

(G) Finish. Non-glazed portions of the storefront infill shall be

manufactured in, factory finished with paint or enamel in, or painted

on site with one of the following colors or finishes:

(a) Black

(b) Brown

(d) Tan

(e) Dark green

(f) Maroon (dark brownish red)

(g) Silver (stainless steel, clear-finished, or brush-finished

aluminum). This finish shall be permitted only for metal

storefronts in buildings specified in the Jackson Heights

Historic District Designation Report as Art Deco or Moderne

Style.

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(h) Anodized finishes on aluminum shall be black or silver only.

Bronze anodized aluminum shall not be permitted.

(4) Signage.

(i) Types of signs permitted on the ground story.

(A) Back-painted signs on glass doors, display windows or transoms not

exceeding 50% of the glazed area. No LPC permit is needed for this

type of sign.

(B) Letters and logos pin-mounted or painted on a wood, metal, or

opaque glass panel that is mounted flat within the sign band or

spandrel. Such signs may be illuminated with a shielded or

concealed source of light, or with " goose-neck" type fixtures. Such

"goose-neck" fixtures shall be placed above a sign and shall not

exceed one fixture for every 3 linear feet of sign.

provided that the perimeter of the window is not outlined with neon,

the transparency of the display window is not materially reduced, and

the size of the sign does not exceed 2 feet by 2 feet per display

window.

(D) Individual pin-mounted opaque letters and logos illuminated from

behind, each glowing with a halo of light, or individual letters with

exposed neon tubes (no lenses). The letters or logos may be mounted

on a flat metal or wood panel, or affixed to a base measuring no more

than 4 inches deep by 4 inches high that houses the electrical conduit.

(E) Signs painted on awnings (if permitted under the awning rules, set

forth below in 8-04 (b) (5)).

(F) Small identification signs for second story tenants are permitted near

the entrance to the second story premises.

(ii) Types of signs permitted on the second story.

(A) Back-painted signs on glass windows or transoms not exceeding 50%

of the glazed area. No LPC permit is needed for this type of sign.

(B) Letters and logos pin-mounted or painted on a wood, metal or opaque

glass panel, which is mounted flat on an area of plain masonry.

provided that the perimeter of the window is not outlined with neon,

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the transparency of the second floor window is not materially

reduced, and the size of the sign does not exceed 18 inches by 18

inches per window.

(D) Signs painted on awnings (if permitted under the awning rules, set

forth below in 8-04(b)(5)).

(iii) Types of signs not permitted.

(A) Projecting banners and flagpoles

(B) Internally illuminated box signs with plastic or glass lenses.

(D) Flashing signs, moving signs, or strobe-lights.

(E) Neon border outline around perimeter of a window.

(F) Signs or advertising added to bulkheads.

(iv) General criteria for sign installation. Installation of the sign shall not

damage or obscure significant architectural features of the building and/or

the storefront.

(v) Criteria for sign installation at ground story.

(A) Ground story signs shall be installed in the sign band, spandrel,

display window, transom, or door.

(B) The height of the sign shall not exceed the height of the sign band,

or, if there is no sign band, the spandrel area above the storefront.

the storefront opening.

(vi) Criteria for sign installation at the second story.

(A) A second story sign shall relate to the commercial premises located

at the second story.

(B) A second story sign may be placed on the building facade either in

the spandrel area above the second story windows or centered

between second story windows. The placement of second story

signage shall be consistent for a single building.

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inches in height or the lesser of 6 feet in length or the width of the

window(s) for the commercial premises.

(D) A sign placed between windows on the second story shall not exceed

30 inches in height or 3 feet in length.

(E) Second story signs on the facade shall not be externally or internally

illuminated, except for neon signs that comply with the criteria set

forth above in 8-04(b)(4)(ii)(C).

(5) Storefront Awnings. These rules apply to the installation of awnings above

ground story storefronts and above upper story windows. For storefronts in the

Jackson Heights Historic District, the following criteria apply in lieu of the

general awning rule set forth in Section 2-12 of the Rules. If a new storefront is

being installed and an awning is desired, the storefront shall incorporate an

awning in compliance with the criteria set forth below. Existing awnings in non-

compliance with these criteria cannot be maintained unless the applicant can

demonstrate to LPC staff that the new storefront installation will not require the

removal of the existing awning.

(i) General awning criteria.

(A) An awning may be retractable or fixed. If fixed, the awning shall

have a straight slope, be open on the sides, and have an unframed,

flexible skirt. The awning skirt shall not exceed 10 inches in height.

If retractable, the awning shall have a straight slope.

(B) The awning shall be attached to the facade at the lintel or transom

bar, except that the awning may be attached above the lintel and

below or within the lower portion of the sign band where:

(a) an existing or permitted roll-down security gate makes it

impossible to install the awning at the lintel or transom bar; or

(b) installing the awning at the lintel or transom bar will result in

the lowest portion of the awning being less than eight feet

above the sidewalk.

Where the awning is installed above the lintel but below or in the

lower portion of the sign band, the awning encroachment on the area

above the lintel shall be the minimum required to accommodate the

conditions described above in subparagraphs (a) and (b).

opening or the associated window opening and the edges of the

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awning shall be aligned with the inside face of the principal piers of

the storefront, or the window opening.

(D) The underside of the awning shall be open.

(E) The lowest portion of awning shall be at least 8 feet above the

sidewalk.

(F) The awning shall project between three feet and six feet from the

building street wall.

(G) The awning shall be clad only with water repellant canvas with a

matte finish or other fabric of a similar appearance.

(H) A sign may be painted on the awning skirt. Such sign shall not

exceed 8 inches in height.

(I) A sign may not be painted on the sloped portion of the awning unless

the building has no sign band or spandrel area above the ground floor

storefront. Such signs shall be proportionate with the size of the

awning, but in no event shall such signs exceed 6 square feet in area

per awning.

(ii) Types of awnings not permitted. The following types of awnings are not

permitted:

(A) Fixed box awnings.

(B) Fixed waterfall or curved awnings.

(D) Translucent or transparent awnings illuminated from within or

beneath.

(iii) Canopies. Canopies are not permitted.

(6) Security Gates.

(i) General requirements. A security gate shall not obscure or detract from the

design and details of an existing storefront and shall be architecturally

integrated with the design and construction of a new storefront.

(ii) Security gates for new storefronts. If security gates are required, the new

storefront shall be constructed with an internally-housed or completely

internal security gate system or scissor gates. Subsequent to a new

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storefront installation, LPC staff will not approve a security gate in

noncompliance with the criteria set forth below.

(A) Roll-down gates. All roll-down security gates installed pursuant to

these rules shall be composed entirely of open mesh or have a solid

metal panel at the base that does not exceed the height of the bulk-

head it covers.

(B) Internal gates. A roll-down security gate may be mounted on the

interior of the storefront. An internally mounted gate is required if

an externally mounted gate cannot be installed in compliance with

the criteria for external gates set forth below in subsection (C).

exterior of the storefront if it (1) does not affect, obscure, or damage

historic fabric, (2) the security gate housing is located on the interior

of the storefront, or the outer face of the security gate housing is set

so as not to protrude beyond the building streetwall, and (3) the

security gate tracks are recessed or set into reveals along the sides of

the storefront.

(D) Scissor gates. Scissor gates are permitted if their installation does

not obscure or damage any significant architectural feature.

(iii) Security gates for existing storefronts.

(A) An internal gate, scissor gate, or external gate may be installed if the

installation is in compliance with the relevant criteria set forth above

in 8-04(b)(6)(ii)(A-D).

(B) A replacement external gate that is not in compliance with the

criteria set forth above in 8-04(b)(6)(ii)(C) may be mounted on the

exterior of the storefront if the following criteria are met:

(a) the existing storefront is not being replaced and the storefront

had an exterior roll-down gate at the time of the designation of

the Jackson Heights Historic District;

(b) the installation of the new security gate shall not obscure or

damage any significant architectural features; and

to match or harmonize with the storefront and the security gate

housing will be completely covered by an awning that is

installed and maintained in compliance with the awning rules

set forth above in subsection 8-04(b)(5); and

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(d) the security gate shall be composed entirely of open mesh or

shall have a solid metal panel at the base that does not exceed

the height of the bulkhead it covers.

(7) Lighting.

(i) The installation of lighting conduits and fixtures shall not obscure or

damage any significant architectural feature.

(ii) Lighting conduits shall be internal or not visible.

(iii) External light fixtures shall illuminate only the storefront and/or ground

story signs.

(iv) The number and size of light fixtures shall be in keeping with the scale of

the storefront.

(v) The design of light fixtures shall be utilitarian or shall complement the

architectural style and detail of the building.

(vi) Fluorescent and high intensity light shall be permitted only if the source of

light is concealed and shielded.

(vii) Recessed light fixtures shall be mounted within the soffits of recessed

storefront entrances.

(viii) No separate light fixture shall illuminate any sign with internal

illumination.

(8) Air conditioners/louvers. Temporary, seasonal air conditioning units shall be

installed in transoms over doors. Louvers for built-in air conditioning, heating or

ventilation units may be installed at the door or window transoms. Louvers shall

be mounted flush with the plane of the transom, and painted to match the color of

the surrounding storefront elements.

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§8-05 PROCEDURE.

(a) Submission of application. The rules for making an application are set forth in

Chapter 2, Subchapter A ("Application Procedure") of these Rules. The illustrations

included in Appendix B provide hypothetical examples of the types of storefronts and

storefront installations which are permitted under these rules.

(b) Review of application.

(1) When the application is complete, a staff member will review the application for

conformance with the criteria set forth in this Chapter 8. Upon determination that

the criteria of the guidelines have been met, a permit will be issued within 20

business days for a PMW or 30 business days for a CNE, as measured from the

day the staff determines that the application is complete.

(2) If the criteria have not been met, the applicant will be given a notice of the

proposed denial of the application and an opportunity to meet with the Director

of the Preservation Department, or, when the Director is not available, with a

Deputy Director, to discuss the interpretation of these rules. The applicant must

request such a meeting in writing within 10 business days from the date of the

notice of proposed denial.

(3) If an application for work is denied a PMW or CNE under these Rules, the

applicant shall be informed of his or her right to file for a CofA pursuant to Title

25, Chapter 3 of the Administrative Code of New York City.

clear and precise fashion. The drawings contained in Appendix B of this Chapter 8 are

examples of the types of drawings an applicant will be required to submit to the LPC as

components of a complete application. As examples, these drawings have been

simplified to generalize and illustrate many of the definitions and the requirements

enunciated in the rules above. Submissions to the Commission must be specifically

tailored to individual proposals. Drawings must be made to scale, and include all

pertinent dimensions. Applications also may be supplemented, as necessary, with

photographs of existing conditions, construction details, materials samples,

specifications, and maps, to best explain the proposed work.

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APPENDIX A: ILLUSTRATIONS OF DEFINITIONS OF ARCHITECTURAL ELEMENT

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APPENDIX B: APPLICATION DRAWINGS

EXAMPLE ONE: STOREFRONT WITH SIDE ENTRANCE

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EXAMPLE TWO: STOREFRONT WITH CENTER ENTRANCE

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EXAMPLE THREE: BUILDING WITH MULTIPLE STOREFRONTS

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CHAPTER 9: ALTERATIONS TO DESIGNATED BANK INTERIORS

§9-01 INTRODUCTION

§9-02 DEFINITIONS

§9-03 ELIGIBLE INTERIORS

§9-04 CHANGES TO NON-SIGNIFICANT FEATURES

§9-05 STATE-OF-THE-ART BANKING CHANGES

§9-06 APPLICATIONS FOR COMPLETE OR PARTIAL REMOVAL OF

TELLER COUNTERS

§9-07 APPLICATION PROCEDURES

§9-01 INTRODUCTION.

(a) These rules are issued to assist building owners in applying to the Landmarks

Preservation Commission (LPC) for approval of applications to undertake repair,

rehabilitation, replacement of, or alterations to interior architectural features within

designated bank interiors. The rules set forth Commission policy with respect to such

repair, rehabilitation, replacement, or alteration and explain the procedures required to

apply for a permit. The goal of these rules is to facilitate and encourage the continued

historic use of these interiors as banking floors and to facilitate the adaptive reuse of

the interior if it ceases to be used as a banking floor.

(b) These rules are based on the following principles:

(1) The significant original visual qualities or character of a designated interior

should not be destroyed. The removal or alteration of any significant

architectural feature should be avoided whenever possible.

(2) Significant but deteriorated architectural features should be repaired rather than

replaced whenever possible.

(3) Certain interior alterations can be approved at staff level in conformance with the

procedures set forth in these rules. Other interior alterations require review by

the full Commission in accordance with its usual review procedures.

Designation Reports for these interior landmarks, which identify significant

architectural features requiring protection.

(d) Applicants are encouraged to submit applications for Master Plans which will govern

the approval of routine and continuing alterations such as installation of mechanical

and electrical equipment.

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§9-02 DEFINITIONS.

As used in these Rules, the following terms shall have the following meanings:

Banking interior. "Banking interior" shall mean the area of the designated interior

historically used for banking operations and any associated interior spaces including, without

limitation, entrance vestibules or mezzanines identified in the designation report as part of

the designated interior.

Commission. The "Commission" shall mean the eleven Commissioners, including, the

Chairman, as established by Section 3020 of the New York City Charter.

Interior architectural features. "Interior architectural features" shall have the meaning

established in Section 25-302 of the Administrative Code of the City of New York.

Landmarks Law. "Landmarks Law" shall refer to Section 3020 of the New York City

Charter and Chapter 3 of Title 25 of the Administrative Code of the City of New York.

LPC. "LPC" shall mean the Landmarks Preservation Commission acting in its agency

capacity to implement the Landmarks Law.

Non-significant features. "Non-significant features" shall mean the interior architectural

features of the designated interior that the LPC has determined do not contribute to the

special historic, cultural, and/or aesthetic character for which the interior was designated.

These features comprise all of the interior architectural features of the interior with the

exception of those features that are underscored in the designation report.

Significant features. "Significant features" shall mean the interior architectural features of

the designated interior that the LPC has determined contribute to the special historic, cultural,

and/or aesthetic character for which the interior was designated and therefore require

protection under these rules. These features are identified in the designation reports and

indicated by underscoring.

Reversible alteration. "Reversible alteration" shall mean an alteration in which the altered

feature can be readily returned to its appearance prior to the alteration.

State-of-the-art banking change. "State-of-the-art banking change" shall mean a physical

alteration to the bank interior that the applicant has determined to be necessary to

accommodate changes in technology and/or banking practice. When submitting an

application to make such an alteration, the applicant must enclose a verified statement

executed by the manager of the bank stating that the bank's ability to perform its banking

functions would be impaired if it were unable to make such an alteration.

Terms not otherwise defined in these rules shall have the meanings given them in the

Landmarks Law.

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§9-03 ELIGIBLE INTERIORS & SIGNIFICANT FEATURES.

(a) The following interior landmarks are subject to these rules:

(1) Former Emigrant Industrial Savings Bank, 51 Chambers Street, Manhattan

(2) Former New York Bank for Savings, 81 Eighth Avenue, Manhattan

(3) Former Greenwich Savings Bank, 1352-1362 Broadway, Manhattan

(4) Former Central Savings Bank, 2100-2114 Broadway, Manhattan

(5) Former Dollar Savings Bank, 2516-2530 Grand Concourse, Bronx

(6) Dime Savings Bank, 9 DeKalb Avenue, Brooklyn

(7) Former Bowery Savings Bank, 130 Bowery, Manhattan

(8) Former Bowery Savings Bank, 110 East 42nd Street, Manhattan

(9) Williamsburgh Savings Bank, 1 Hanson Place, Brooklyn

(10) Williamsburgh Savings Bank, 175 Broadway, Brooklyn

(11) Brooklyn Trust Company, 177 Montague Street, Brooklyn

In addition, any interior landmark or portion thereof which the Commission designates

subsequent to the enactment of these rules and which is described as a banking interior

in the designation report shall be subject to these rules.

§9-04 CHANGES TO NON-SIGNIFICANT FEATURES.

(a) The LPC staff will issue a Certificate of No Effect on Protected Architectural Features

(CNE) or a Permit for Minor Work (PMW) (if the work does not require a permit from

the Department of Buildings) within five working days of receipt of a completed

application for any proposed work to a non-significant feature if the following

conditions are met.

(1) The visible volume and configuration of the banking interior is maintained; and

(2) The staff determines that the alteration will not adversely affect any significant

architectural feature and will not detract from the overall visual character of the

banking interior.

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§9-05 STATE-OF-THE-ART BANKING CHANGES.

(a) The LPC staff will issue a CNE or PMW within fifteen working days of receipt of a

completed application for a state-of-the-art banking change, if all of the following

conditions are met:

(1) the visible volume and configuration of the banking interior is maintained; and

(2) the proposed alteration is the least intrusive means available to achieve a state-of-

the-art banking change, such as the installation of ATMs or security devices; and

(3) that (i) the proposed alteration will have no effect on the physical fabric of the

significant features or (ii) such effect is reversible, and that the applicant will

ensure that the physical fabric of the significant feature will be replaced or

restored after the proposed alteration is no longer required to achieve a state-of-

the-art banking change.

(b) Any proposed alteration that includes the partial or complete removal or relocation of

the teller counter or the removal of a significant portion of its fittings or fixtures

requires a Certificate of Appropriateness (CofA) from the Commission in accordance

with the procedures and criteria set forth in the Landmarks Law if the teller counter

and/or such fittings or fixtures is a significant feature.

§9-06 APPLICATIONS FOR PARTIAL OR COMPLETE REMOVAL OF TELLER

COUNTERS.

(a) Any CofA application that includes the partial or complete removal of the teller

counter or the complete or partial removal of the teller counter and its associated

fixtures may include a written statement setting forth the reasons why such removal is

appropriate.

(b) In its consideration of the appropriateness of the proposed removal the Commission

may consider, among other things, whether the partial or complete removal of the teller

counter or its fittings or fixtures would damage any other significant architectural

feature and the extent to which the proposed alterations would restore the affected

portions of the banking floor and/or exposed counter-end to an appropriate condition.

In addition, the Commission, in its discretion, may, if the applicant is not a public or

quasi-public agency, require the applicant to establish an escrow account or other

adequate assurance to provide for the disassembly, removal, secure storage, and

replacement of the teller counter and/or its fittings and fixtures for such time and under

such conditions as the Commission shall determine and describe in the CofA.

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§9-07 APPLICATION PROCEDURES.

(a) Submission of application. See Chapter 2, Subchapter A ("Application Procedure")

of these rules.

(b) Review procedure.

(1) When the application is complete, staff will review the application for

conformance with these rules. Upon determination that the criteria of the rules

have been met, a PMW or CNE will be issued.

(2) If the criteria set forth in these rules for a CNE or PMW have not been met, the

applicant will be given a notice of the proposed denial of the application pursuant

to these rules and an opportunity to meet with the Director of the Preservation

Department, or, in the absence of the Director, with a Deputy Director, to discuss

the interpretation of these rules. After this meeting has taken place, if the

applicant would like to discuss the matter further, he or she will be given an

opportunity to meet with the Chairman for additional discussion of the

application.

(3) Applications for work which does not qualify for the issuance of a CNE or PMW

in accordance with these rules shall be subject to the LPC's usual review

procedure as set forth in the Landmarks Law.

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Chapter 10 1

CHAPTER 10: NOTIFICATION TO LESSEES OF LANDMARKS

DESIGNATION & PERMIT REQUIREMENTS

§10-01 INTRODUCTION

§10-02 NOTICE TO TENANT OF LANDMARKS DESIGNATION

§10-03 NOTIFICATION

§10-01 INTRODUCTION.

These rules are issued to assist the owners and other persons in charge of improvements or

property that is a landmark, interior landmark or located on a landmark site or in a historic

district in complying with the nonresidential tenant notification requirements set forth in Section

25-322 of the Administrative Code of the City of New York.

§10-02 NOTICE TO TENANT OF LANDMARKS DESIGNATION.

The language set forth below shall satisfy the notification requirements set forth in Section 25-

322 of the Landmarks Law.

"The tenant [lessee] is hereby notified that the leased premises are subject to the jurisdiction of

the Landmarks Preservation Commission. In accordance with sections 25-305, 25-306, 25-309

and 25-310 of the Administrative Code of the City of New York and the rules set forth in Title

63 of the Rules of the City of New York, any demolition, construction, reconstruction, alteration

or minor work as described in such sections and such rules may not be commenced within or at

the leased premises without the prior written approval of the Landmarks Preservation

Commission. Tenant is notified that such demolition, construction, reconstruction, alterations or

minor work includes, but is not limited to, (a) work to the exterior of the leased premises

involving windows, signs, awnings, flagpoles, banners and storefront alterations and (b) interior

work to the leased premises that (i) requires a permit from the Department of Buildings or (ii)

changes, destroys or affects an interior architectural feature of an interior landmark or an exterior

architectural feature of an improvement that is a landmark or located on a landmark site or in a

historic district."

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§10-03 NOTIFICATION.

(a) Lease Notification. Any nonresidential lease or sublease (including any renewal

thereof) executed after December 13, 1996 for property or an improvement that is a

landmark, interior landmark or located on a landmark site or in a historic district shall

include the notice set forth in Section 10-02 above. Such notification shall be

highlighted in bold or underscored or otherwise highlighted so that it is conspicuously

set forth.

(b) Letter Notification. If an improvement or property is designated as a landmark or an

interior landmark or included as part of a landmark site or historic district during the

term of a nonresidential lease or a sublease of all or a portion of such improvement or

property, the lessor of such lease or sublease shall within 30 days after being notified

of such designation by the Landmarks Preservation Commission or person in charge,

send the written notice set forth in Section 10-02 to the nonresidential lessee or

sublessee. Such notice shall be highlighted in bold or underscored or otherwise

highlighted so that it is conspicuously set forth. Such notice shall be sent by certified

or registered mail, return receipt requested to all nonresidential lessees on the first

two floors (excluding the basement or cellar) and shall be sent to all other

nonresidential lessees by any means reasonably designed to ensure that notice is

given.

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Chapter 11 1

CHAPTER 11: ADMINISTRATIVE ENFORCEMENT

INTRODUCTION

§11-01 DEFINITIONS

§11-02 ENFORCEMENT OF SUMMONSES

§11-03 SERVICE OF SUMMONS

§11-04 WARNING LETTER

§11-05 SUMMONS; GRACE PERIOD

§11-06 STOP WORK ORDER

APPENDIX A: PENALTY SCHEDULE

INTRODUCTION.

These rules implement the provisions of Sections 25-317.1 and 25-317.2 of the Administrative

Code, insofar as such sections concern the issuance of Summonses and previously issued Notices

of Violation, warning letters and stop work orders and the enforcement of the requirements of

chapter 3, title 25 of the Administrative Code in administrative tribunals, including the

imposition and adjudication of administrative penalties. For purposes of the Administrative

Code and the rules of the Landmarks Preservation Commission, the term “Notice of Violation”

or “NOV” means “Summons”.

§11-01 DEFINITIONS.

The following definitions shall apply to this chapter:

(a) The term "Landmarks Law" means chapter 3 of title 25 of the Administrative Code of

the City of New York.

(b) The term "respondent" means a person who is alleged to have violated the Landmarks

Law by creating, authorizing, performing or maintaining work on a landmarks site,

within the boundaries of a historic district or to any part of an Interior Landmark

without, or in violation of, a permit from the Landmarks Preservation Commission

("Commission").

the Administrative Code.

(d) A violation is "corrected" by removing the illegal condition, only where such

condition can be easily removed without damage to underlying building material and

where such removal does not require a permit from the Commission. For example, a

violation for the installation of a sign or awning without a permit may be corrected by

removing the sign or awning, if such removal does not result in damage to the

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Chapter 11 2

underlying building material. Correcting a violation does not include or otherwise

permit the reinstallation of a preexisting condition or the installation of a substitute

condition. For example, a violation for the installation of a sign or awning without a

permit, where such installation involved the removal of a preexisting sign or awning,

may not be corrected by reinstalling the prior sign or awning, or installing a different

sign or awning. A violation is not corrected for purposes of section 25-317.1b(6) of the

Landmarks Law if the same or a similar illegal condition is installed within 180 days of

the respondent's representation to the Commission that the violation has been

corrected.

(e) A violation is "legalized" when the Commission issues a permit approving and

authorizing the work that was done without a permit.

(f) A violation is "cured" where the Commission issues a permit authorizing

modifications to the illegal condition to make it appropriate, or where the Commission

authorizes work to replace the illegal work, and the modification or replacement work

is completed and the Commission has issued a Notice of Compliance.

(g) For purposes of sections 11-03, 11-04 and 11-06, the term "mail," "mailed" and

"mailing" means first class United States mail or express or overnight delivery to a

respondent as follows:

(1) Where the respondent is an owner, the warning letter, Summons or stop work

order shall be mailed to the owner's address as contained in the records of the

Department of Finance for purposes of the assessment or collection of real estate

taxes or as contained in the records of the Commission for purposes of the

implementation or enforcement of the relevant portions of the charter or

administrative code.

(2) Where the respondent is a tenant or occupant of the premises where the violation

occurred, the warning letter, Summons or stop work order shall be mailed to the

address where the violation occurred.

(3) Where the respondent is a contractor or other person who performed or was in

charge of overseeing the work that was done without, or in violation of, a permit,

the warning letter, Summons or stop work order shall be mailed to the

contractor's or person's business address as generally advertised or represented to

the public, unless such contractor or other person is the owner, tenant or

occupant.

(4) Where the respondent is any other person in charge of a designated improvement

or improvement parcel, the warning letter, Summons or stop work order shall be

mailed to such person's business address, as generally advertised or represented

to the public, or as such address is contained in the records of the Department of

Finance for purposes of the assessment or collection of real estate taxes or as

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Chapter 11 3

contained in the records of the Commission for purposes of the implementation

or enforcement of the relevant portions of the Charter or Administrative Code.

§11-02 ENFORCEMENT OF SUMMONSES.

All Summonses or previously issued Notices of Violation will be heard at the Office of

Administrative Trials and Hearings-Hearing Division (“OATH”) or its successor. For purposes

of this subchapter, OATH is authorized to issue final, binding decisions.

§11-03 SERVICE OF SUMMONSES.

In addition to the service requirements of the court or tribunal at which a Summons is to be

heard, a Summons may be served by mailing such Summons to a respondent.

§11-04 WARNING LETTER.

Subject to the exceptions set forth in section 25-317.1b(1) of the Administrative Code, the LPC

shall mail a warning letter to a respondent prior to the issuance of a Summons. The warning

letter shall inform the respondent that the LPC believes a violation of the Landmarks Law has

occurred at the subject premises and shall also: (1) describe the violation in general detail; (2)

warn the respondent that the law authorizes civil and criminal penalties for violations; (3) notify

the respondent that a Summons may be served unless, within 20 working days of the date of the

warning letter, the violation is corrected or an application to legalize or cure the violation is

received by the Commission.

§11-05 SUMMONS; GRACE PERIOD.

(a) A respondent will qualify for the grace period set forth in section 25-317.1 (b)(6) of the

Administrative Code, and not be subject to a fine, by delivering, at least fourteen (14)

days prior to the hearing date set forth in the Summons or previously issued Notice of

Violation, the following to the Commission:

(1) Admission of liability, and

(2) proof, satisfactory to the Commission, that the violation has been corrected, or

(3) an application to legalize or cure the violation.

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Chapter 11 4

(b) For purposes of paragraph (2), "proof" means the submission of an affidavit or other

sworn statement describing the violation and the work performed to correct the

violation. The affidavit or sworn statement must be supplemented by photographs and

any other supporting material that demonstrates that the illegal condition has been

corrected. The Commission may reject the proof submitted if it does not unequivocally

demonstrate that the illegal condition has been corrected.

Appendix A to this Chapter.

§11-06 STOP WORK ORDER.

Service. A stop work order may be served: (1) by mailing the stop work order to the respondent;

(2) by affixing the stop work order to the place where the violation is occurring; or (3) orally.

Where the stop work order is affixed or given orally, the Commission must within two (2)

business days thereof mail a copy of the stop work order to the respondent.

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APPENDIX A: PENALTY SCHEDULE

Section of

Law

Violation Description TYPE

1st

Offense

Penalty

1st

Offense

Mitigated

1st

Offense

Default

2nd

Offense

Penalty

2nd

Offense

Default

25-305

Work w/o or in violation of a

C of A or CNE - Alteration to

exterior architectural feature

Type A 500 250 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE - Alteration to

storefront

Type A 1,500 750 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE - Alteration to

Interior Landmark

Type A 1,000 500 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE - Modification

of existing bulk of building –

Type A

Type A 1,500 750 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE - Elimination

of greenspace

Type A 500 250 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE – Alternation

to non-building improvement

Type A 500 250 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE - Failure to

submit periodic inspection

reports

Type A 2,500 1,250 3,000 5,000 5,000

25-305

Work w/o or in violation of a

C of A or CNE - flag, signs,

banners, awnings

Type C 250 125 500 500 500

25-305

Work w/o or in violation of a

C of A or CNE -

Miscellaneous violations

Type C 100 50 500 500 500

25-310

Work without or in violation

of a PMW - Alteration to

exterior architectural feature

Type A 500 250 3,000 5,000 5,000

25-310

Work without or in violation

of a PMW - Alteration to

storefront

Type A 1,500 750 3,000 5,000 5,000

25-310

Work without or in violation

of a PMW - Alteration to

Interior Landmark

Type A 1,000 500 3,000 5,000 5,000

25-310

Work without or in violation

of a PMW - Modification of

existing bulk of building

Type A 1,500 750 3,000 5,000 5,000

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25-310

Work without or in violation

of a PMW - Elimination of

greenspace

Type A 500 250 3,000 5,000 5,000

25-310

Work without or in violation

of a PMW - Alteration to non-

building improvement

Type A 500 250 3,000 5,000 5,000

25-310

Work without or in violation

of a PMW - Failure to submit

periodic inspection reports

Type A 2,500 1,250 3,000 5,000 5,000

25-310

Work w/o or in violation of a

PMW- flag, signs, banners,

awnings

Type C 250 125 500 500 500

25-310

Work w/o or in violation of a

PMW Miscellaneous

violations

Type C 100 50 500 500 500

25-311

Failure to maintain an

improvement in good repair

Type B 3,500 1,750 5,000 5,000 5,000

25-322 (b)

Failing to notify lessee of

Landmark status in

Commercial space

250 125 500 500 500

“C of A” means “Certificate

of Appropriateness”;

“CNE” means “Certificate of

No Effect”;

“PMW” means “Permit for

Minor Work”

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Chapter 12 1

CHAPTER 12: HISTORIC DISTRICT MASTER PLANS.

§12-01 DISTRICT MASTER PLANS

§12-02 STONE STREET HISTORIC DISTRICT MASTER PLAN

IMPLEMENTATION RULES

§12-03 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN

FOR STOREFRONTS ON MADISON AVENUE IN THE UPPER

EAST SIDE HISTORIC DISTRICT

§12-04 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN

FOR STOREFRONTS ON MADISON AVENUE IN THE

METROPOLITAN MUSEUM HISTORIC DISTRICT

§12-05 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN

FOR STOREFRONTS ON MADISON AVENUE IN THE

CARNEGIE HILL (AND EXTENSION) HISTORIC DISTRICT

§12-06 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN

FOR THE DOUGLASTON HISTORIC DISTRICT

§12-07 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN

FOR THE FIELDSTON HISTORIC DISTRICT

§12-01 DISTRICT MASTER PLANS.

(a) Introduction. The Commission may develop master plans for the historic district,

specific types of buildings within a historic district, distinctive areas within the historic

district or for landmark sites containing multiple buildings. A district master plan may

address common design issues such as storefront design, signage, sidewalk and

areaway alterations as well as set forth specific alterations for individual buildings in

an historic district or on a landmark site in a comprehensive manner that respects the

significant architectural features and particular history of the historic district with

allowances for specific building conditions. A district master plan may serve as a

research tool or design guide for owners or tenants who wish to make alterations to

their buildings. Upon the adoption of implementation rules as set forth in this rule,

Commission staff can also issue a Certificate of No Effect (“CNE”) or a Permit for

Minor Work (“PMW”) for certain types of alterations or work set forth in the district

master plan. A District Master Plan does not preclude the Commission's consideration

and approval of applications for proposed work that is not in compliance with the

District Master Plan.

(b) District Master Plans. Upon its own motion, the Commission may consider a master

plan for alterations in a specific historic district, an individual landmark site containing

multiple buildings or with respect to certain types of buildings or types of work in a

specific historic district ("District Master Plan"). A District Master Plan may be

approved by a Certificate of Appropriateness, a Certificate of No Effect on Protected

Architectural Features, or a Permit for Minor Work, depending on the work covered by

the plan.

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consideration unless the Commission, in its discretion and upon the adoption of a

motion, votes to calendar the District Master Plan for a public hearing. A motion to

calendar a proposed District Master Plan for further consideration must be approved by

the majority of Commissioners present in order to be adopted. The date of the public

hearing on the proposed District Master Plan may be set by the motion to calendar or

may be set at some later time by the Chairman, acting at his or her discretion.

(d) Public Hearing. If the Commission votes to calendar a District Master Plan for further

consideration, a public hearing will be held in accordance with Section 25-308 of the

Administrative Code of New York City and the provisions of Chapter One of these

Rules.

(e) Approval and Implementation. Following the public hearing, the Commission may

vote to approve, approve with modifications, or disapprove the District Master Plan. If

the District Master Plan is approved or approved with modifications, the District

Master Plan may be implemented by the enactment of Rules in accordance with the

City Administrative Procedure Act that specifically reference the District Master Plan

("Implementation Rules"). The Implementation Rules shall establish the scope and

applicability of the District Master Plan and shall set forth the application procedures

and the criteria for issuance of CNEs and PMWs pursuant to the District Master Plan.

Any work permitted under the Implementation Rules pursuant to a CNE or PMW must

be described with reasonable specificity as to design and materials in the District

Master Plan. The public hearing for the proposed District Master Plan may be held

concurrently with the public hearing for the Implementation Rules. However, the

Commission must vote to approve the District Master Plan before it votes to approve

the Implementation Rules and the District Master Plan shall have no force and effect

until the Implementation Rules are adopted in accordance with the City Administrative

Procedure Act.

(f) Application Procedure for Work Pursuant to Approved Master Plan. All

applications for work pursuant to the District Master Plan must be signed by the

building owner in accordance with Section 2-01 of these Rules and must state that the

application is being filed pursuant to the District Master Plan. Each application shall

include drawings, specifications and other materials which describe the proposed work

in detail. Commission staff will review the application to ascertain whether the

proposed work is in accordance with the District Master Plan and the Implementation

Rules. If Commission staff determines that the work is in compliance with the District

Master Plan and the Implementation Rules, the staff will issue a CNE or PMW

allowing the work to commence. The CNE or PMW must be obtained prior to the

commencement of work and posted on the building while work is in progress. Each

CNE or PMW shall be valid for four (4) years from the date of such issuance and may

be renewed upon application provided that Commission staff determines that the work

authorized under the original approval remains in compliance with the District Master

Plan and the Implementation Rules in effect on the date of such renewal. Issuance or

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Chapter 12 3

renewal of a District Master Plan CNE or PMW is contingent upon the work's

adherence to the District Master Plan and the materials and plans submitted and

approved by Commission staff.

(g) Amendment and Rescission. Upon its own motion, the Commission may amend or

rescind a District Master Plan at any time, provided the Commission first holds a

public hearing on the proposed amendment or rescission. In its discretion, the

Commission shall calendar a public hearing with respect to such proposed amendment

or rescission in accordance with the provisions of subdivision (b) of this section. Any

Commission action to amend or rescind a District Master Plan shall be in accordance

with the provisions of Section 1-04 of these Rules.

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§12-02 STONE STREET HISTORIC DISTRICT MASTER PLAN IMPLEMENTATION

RULES.

(a) Introduction.

The Stone Street Historic District is a low-scale cluster of early nineteenth-century

commercial structures, complemented by several picturesque early twentieth-century

buildings designed by prominent architects. The Stone Street Historic District is a

distinct enclave amidst the surrounding twentieth-century skyscrapers and is sited on

narrow winding streets originally laid out by Dutch Colonists.

The Stone Street Historic District Master Plan Implementation Rules ("Rules") are

promulgated to assist building owners who own buildings located within the Stone

Street Historic District in applying to the Landmarks Preservation Commission

("LPC") for approval of applications to undertake repair, rehabilitation, replacement,

or alterations to storefronts (including but not limited to storefront infill, lighting,

signage, security gates) and cellar entrances, and to make such buildings accessible to

persons with disabilities, that are in accordance with the Stone Street Master Plan

approved by the Commission. The Stone Street Master Plan is a master plan governing

work to storefronts and cellar entrances, as well as alterations to make buildings within

the historic district accessible to persons with disabilities. The Stone Street Master

Plan will be the subject of a Certificate of Appropriateness determination at the same

public hearing as these Rules.

The Rules set forth herein will permit the LPC staff to issue Certificates of No Effect

(“CNE”) or Permits for Minor Work (“PMW”) for work that complies with the

approved Stone Street Master Plan. The goal of these Rules is to encourage

appropriate repair, rehabilitation, replacement and alterations in the Stone Street

Historic District by expediting the process of obtaining permits to perform such work.

Work that is not in accordance with the Stone Street Master Plan will be reviewed by

the Commission in accordance with its usual review procedures as set forth in the

Landmarks Law.

(b) Definitions. As used in these Rules, the following terms shall have the following

meanings:

"Commission" shall mean the eleven Commissioners, including the Chairman, as

established by Section 3020 of the New York City Charter.

"District Master Plan" shall have the meaning set forth in section 12-01 of this

chapter.

"Landmarks Law" shall refer to Section 3020 of the New York City Charter and

Chapter 3 of Title 25 of the Administrative Code of the City of New York.

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"LPC" shall mean the Landmarks Preservation Commission acting in its agency

capacity to implement the Landmarks Law.

"Stone Street Master Plan" shall mean the District Master Plan for the Stone Street

Historic District and approved by the Commission as a Certificate of Appropriateness.

Copies of the Stone Street Master Plan may be obtained by contacting the

Commission's Public Information Specialist at (212) 487-6782 or by writing to the

same at the Commission’s office by appointment.

Terms not otherwise defined in these rules shall have the meanings given them in the

Landmarks Law.

subject to these Rules.

(d) Permitted Alterations Pursuant to the Stone Street Master Plan. The LPC staff

shall issue a CNE or PMW for work on eligible buildings within the Stone Street

Historic District if the staff determines that: (1) the proposed work meets the criteria

set forth in the in the Stone Street Master Plan; and (2) the staff determines that the

proposed work will not adversely affect any significant exterior architectural feature of

the eligible building or the Stone Street Historic District.

(e) Application Procedures.

(1) Submission of Application. See Chapter 2, Subchapter A ("Application

Procedure") and Chapter 12 of these Rules.

(2) Application Materials. The applicant must submit adequate materials that

clearly set forth the scope and details of the proposed work. At a minimum, the

applicant must submit detailed drawings that specifically show the proposed

work and all other materials required by the LPC staff. Drawings must be made

to scale, and include all pertinent dimensions. LPC staff may require applicants

to submit other materials, including but not limited to photographs of existing

conditions, construction details, material samples, specifications, or maps as

necessary to clearly explain the proposed work. LPC staff may also require

probes or other investigations to determine the existing conditions and critical

dimensions peculiar to each eligible building.

A copy of the District Master Plan may be reviewed at the Commission’s offices by appointment or downloaded

from the Commission’s website: www.nyc.gov/landmarks.

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(f) Review Procedure.

(1) The application will be deemed complete when the LPC staff determines that

adequate materials have been submitted that clearly set forth the scope and

details of the proposed work.

(2) When the application is complete, LPC staff will review the application for

conformity with these Rules and the criteria of the Stone Street Master Plan.

Upon determination that the criteria of the Rules have been met, a CNE or PMW

will be issued pursuant to subdivision (f) of section12-01 of this chapter. A

determination that a CNE or PMW should be issued shall mean that the proposed

work satisfies the criteria set forth in the Stone Street Master Plan and that the

work is appropriate to or will have no effect on protected architectural features of

the specific eligible building in question and is otherwise appropriate to the Stone

Street Historic District.

(3) If the criteria set forth in these rules for a CNE or PMW have not been met, the

LPC staff shall provide the applicant with a notice of the proposed denial of the

application. The applicant may request a meeting with the Director of the

Preservation Department, or, in the absence of the Director, with a Deputy

Director, to discuss the interpretation of these Rules.

(4) Applications for work that do not qualify for approval in accordance with these

Rules shall be subject to the LPC's usual review procedure as set forth in the

Landmarks Law.

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Chapter 12 7

§12-03 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

STOREFRONTS ON MADISON AVENUE IN THE UPPER EAST SIDE

HISTORIC DISTRICT.

(Effective December 29, 2000)

(a) Introduction. The implementation rules (“Rules”) for the District Master Plan for

Storefronts on Madison Avenue in the Upper East Side Historic District ("District

Master Plan") are promulgated to assist building owners in applying to the Landmarks

Preservation Commission ("LPC") for approval of applications to undertake repair,

rehabilitation, replacement, or alterations to storefronts (including but not limited to

storefront infill, lighting, signage, security gates, windows and doors) along Madison

Avenue within the Upper East Side Historic District that are in accordance with the

District Master Plan approved by the Commission. The rules set forth herein permit the

LPC staff to issue Certificates of No Effect (“CNE”) or Permits for Minor Work

(“PMW”) for work that complies with the approved District Master Plan. Work that is

not in accordance with the requirements of the District Master Plan will be reviewed by

the Commission in accordance with its usual review procedures under the Landmarks

Law.

The objective of the District Master Plan is to provide owners, architects and store

tenants with design criteria which will allow timely review of storefront alterations

while protecting the architecturally and historically significant features of the

buildings. The District Master Plan will cover buildings on Madison Avenue that fall

within the Upper East Side Historic District. Additionally, at corner buildings the

District Master Plan will cover the building facades facing both Madison Avenue and

the side streets.

(b) Definitions. As used in these Rules, the following terms shall have the following

meanings:

"Commission" shall mean the eleven Commissioners, including the Chairman, as

established by Section 3020 of the New York City Charter.

"District Master Plan" shall mean the District Master Plan for Storefronts on Madison

Avenue in the Upper East Side Historic District and approved by the Commission as a

Certificate of Appropriateness. A copy of the District Master Plan may be reviewed at

the offices of the Commission by appointment.

"Landmarks Law" shall refer to Section 3020 of the New York City Charter and

Chapter 3 of Title 25 of the Administrative Code of the City of New York.

"LPC" shall mean the Landmarks Preservation Commission acting in its agency

capacity to implement the Landmarks Law.

A copy of the District Master Plan may be downloaded from the Commission’s website: www.nyc.gov/landmarks.

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Chapter 12 8

Terms not otherwise defined in these rules shall have the meanings given them in the

Landmarks Law.

these Rules shall cover buildings facing Madison Avenue and located within the Upper

East Side Historic District, including the commercial portions of a building facing onto

both Madison Avenue and a side street.

(d) Permitted Alterations Pursuant to the District Master Plan. The LPC staff shall

issue a CNE or PMW for work on storefronts in eligible buildings along Madison

Avenue if the staff determines that:

(1) The proposed work meets the design criteria for storefront alterations as set forth

in the District Master Plan; and

(2) The staff determines that the proposed work would not adversely affect any

significant architectural feature of the building.

(e) Application Procedures.

(1) Submission of Application. See Chapter 2, Subchapter A ("Application

Procedure") and Chapter 12 of these Rules.

(2) Application Materials. The applicant shall submit adequate materials that

clearly set forth the scope and details of the proposed work. At a minimum, the

applicant shall submit detailed drawings that specifically show the proposed

work and all other materials required by the LPC staff. Drawings shall be made

to scale, and include all pertinent dimensions. LPC staff may require applicants

to submit other materials, including but not limited to photographs of existing

conditions, construction details, material samples, specifications, or maps as

necessary to clearly explain the proposed work. LPC staff may also require

probes or other investigations to determine the existing conditions and critical

dimensions peculiar to each eligible building storefront.

(3) Review Procedure.

(i) The application will be deemed complete when the LPC staff determines

that adequate materials have been submitted that clearly set forth the scope

and details of the proposed work.

(ii) When the application is complete, LPC staff will review the application for

conformity with these Rules and the criteria of the District Master Plan.

Upon determination that the criteria of the Rules have been met, a CNE or

PMW will be issued pursuant to subdivision (f) of section 12-01 of this

chapter. A determination that a CNE or PMW should be issued shall mean

that the proposed work satisfies the criteria of the District Master Plan and

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that the work is appropriate to or will have no effect on protected

architectural features of the specific eligible building in question and is

otherwise appropriate to the Upper East Side Historic District.

(iii) If the LPC staff determines that the criteria set forth in these Rules have not

been met, the LPC staff shall provide the applicant with a notice of the

proposed denial of the application. The applicant may request a meeting

with the Director of the Preservation Department, or, in the absence of the

Director, with a Deputy Director, to discuss the determination.

(iv) Applications for work that do not qualify for approval in accordance with

these Rules shall be subject to the LPC's usual review procedure as set

forth in the Landmarks Law.

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§12-04 IMPLEMENTATION RULES FOR THE DISTRICT MASTER PLAN FOR

STOREFRONTS ON MADISON AVENUE IN THE METROPOLITAN MUSEUM

HISTORIC DISTRICT.

(Effective December 29, 2000)

(a) Introduction. The implementation rules (“Rules”) for the District Master Plan for

Storefronts on Madison Avenue in the Metropolitan Museum Historic District

("District Master Plan") are promulgated to assist building owners in applying to the

Landmarks Preservation Commission ("LPC") for approval of applications to

undertake repair, rehabilitation, replacement, or alterations to storefronts (including but

not limited to storefront infill, lighting, signage, security gates, windows and doors)

along Madison Avenue within the Metropolitan Museum Historic District that are in

accordance with the District Master Plan approved by the Commission. The rules set

forth herein permit the LPC staff to issue Certificates of No Effect (“CNE”) of

Permits for Minor Work (“PMW”) for work that complies with the approved District

Master Plan. Work that is not in accordance with the requirements of the District

Master Plan will be reviewed by the Commission in accordance with its usual review

procedures under the Landmarks Law.

The objective of the District Master Plan is to provide owners, architects and store

tenants with design criteria which will allow timely review of storefront alterations

while protecting the architecturally and historically significant features of the

buildings. The District Master Plan will cover buildings on Madison Avenue that fall

within the Metropolitan Museum Historic District. Additionally, at corner buildings

the District Master Plan will cover the building facades facing both Madison Avenue

and the side streets.

(b) Definitions. As used in these Rules, the following terms shall have the following

meanings:

"Commission" shall mean the eleven Commissioners, including the Chairman, as

established by Section 3020 of the New York City Charter.

"District Master Plan" shall mean the District Master Plan for Storefronts on Madison

Avenue in the Metropolitan Museum Historic District and approved by the

Commission as a Certificate of Appropriateness. A copy of the District Master Plan

may be reviewed at the offices of the Commission by appointment.

"Landmarks Law" shall refer to Section 3020 of the New York City Charter and

Chapter 3 of Title 25 of the Administrative Code of the City of New York.

Typographical error in adopted text, should read “or”

A copy of the District Master Plan may be downloaded from the Commission’s website: www.nyc.gov/landmarks.

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"LPC" shall mean the Landmarks Preservation Commission acting in its agency

capacity to implement the Landmarks Law.

Terms not otherwise defined in these rules shall have the meanings given them in the

Landmarks Law.

these Rules shall cover buildings facing Madison Avenue and located within the

Metropolitan Museum Historic District, including the commercial portions of a

building facing onto both Madison Avenue and a side street.