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Design Professional Requirements:
Curb Cuts

Applicability of Code and Zoning

Curb Cut projects must be filed for review under the current code, the 2014 NYC Construction codes (Building and Plumbing Codes) - reference Administrative Code (AC) section 28-101.4. Curb Cuts are Encroachments onto the public right of way and are governed by Chapter 32 of the New York City Building Code Section 3202.2.2.4.

In addition, Curb Cuts must comply with zoning regulations for location of access to street and width for parking and loading berths that vary by zoning district as required by the New York City Zoning Resolution.

*Note: While the following is a list of key zoning, Code and other regulations that may be relevant in the design of the project, it does not cover ALL applicable regulations.*

Zoning Regulations
Curb cuts must comply with zoning regulations for location of access to street and width for parking and loading berths that vary by zoning district as required by the New York City Zoning Resolution:

Construction Codes:


Project Element

Applicable Code and Regulations

Current Code*

Prior Code

2014

1968

1938

Curb Cut size and location

2014 BC 406.7.6

Driveway size and location

2014 BC 406.7.7

Encroachments into the Public Right-of-way

2014 BC 3202.2.2

Curb Cut removal

2014 BC 3202.2.2.4.1

Protection of Pedestrians

2014 BC 3307

Special Flood Hazard Area

2014 BC Appendix G and ASCE 24-05

Drawings, design notes and details

2014 AC 28-104.7

*Note: new applications for buildings erected under the 2008 Code must comply with the 2014 Code, as required by AC §28-101.4 & 102.4.3*

Other Regulations
Curb cut must also comply with the rules, regulations, laws and codes of other city agencies, such as the NYC Transportation (DOT), NYC Department of Parks and Recreation (DPR), Fire Department (FDNY), NYC Environmental Protection (DEP), NYS Department of Environmental Conservation, NYC Landmarks Commission, and others.

DOT Standards
Curb cut projects must comply with the DOT design standards outlined in the published document entitled Instructions for Filing Plans and Guidelines for the Design of Sidewalks, Curbs, Roadways and Other Infrastructure Components.

Guidelines for Submission of Curb Cut Installation Project Plans

Prior to preparing the design drawings and construction documents, the Registered Design Professional must perform a pre-design review that analyzes zoning requirement as per applicable zoning resolution section and affected elements of the building and other components affected by the proposed scope of work, to verify a code-compliant design of the proposed project scope. Based upon the complexity and scale of the project, the information provided on the drawings must clearly describe all of the work required for the code compliant execution and completion of the project per AC 28-104 or 2014 BC 107.2.

Complete Submission of Curb Cut Drawings/Construction Documents

Construction documents should represent complete work, including a survey and drawings from multiple disciplines such as architectural and plumbing (if applicable). There must be coordination between the disciplines for the proposed scope of work to ensure Code compliance,* reference AC 28-104.7 and BC 107.2 for information on submittal of and required construction documents.A complete submission of drawings shall include:

Construction Documents.  Drawings necessary to convey essential information such as curb, apron, sidewalk, storm water drainage and parking space details. The applicable Building Codes and notes should be stated on the drawings as required to demonstrate Code and zoning compliance. Where essential to clarify overall layouts and details, a scale should be included on the drawings; a graphic scale is recommended.  In addition, construction documents must also include all relevant submissions, administrative and technical, required to substantiate the project scope, and/or compliance with other Agency requirements.

  • Initial Survey.  A survey that is no older than 90 days  must be submitted.
  • Final Survey.  Following completion of the project, a final survey showing the actual work must be submitted.
  • Site/Plot Plan.  Clearly show the size and location of the lot, show all existing structures on the zoning lot, and include all dimensions and other relevant information such as streets, adjacent buildings and curb cuts, sidewalk, existing curb cuts, north arrow, etc. The area of proposed work shall be clearly identified. The diagram shall be drawn in accordance with an accurate boundary survey to the NAVD 1988 datum, made by a land surveyor, which shall be attached to and form part of the application.
  • Plumbing Drawings.  If applicable, storm water drainage details for the area of associated paved driveway (required when the proposed driveway and parking space exceeds 200 SF). See DEP Sewer and Water Main Design Standards for the Design and Construction of Storm water Management Systems.

*Refers to Construction Project Guidelines for Builder’s Pavement Plan, Parking and/or Plumbing projects.

Submission of Construction Documents

1. Drawings The Curb Cut project drawings should reflect clear scope of work and include all affected elements. Examples of this are as follows:

Designator - Sheet Number: Sheet Description:
T-001.00 Title Sheet, Site Plan, Drawing Index, General Notes, Flood Zone an Site Plan with Curb Cut, Driveway and Parking Space Location, with zoning analysis, listing all applicable zoning resolution sections
A-100.00 Pavement section and details. Projects that modify existing curb cuts must provide approved curb cut (or Driveway Permit) number
P-100.00 Plumbing – Storm water drainage details (if required)

Drawing Legend to include: Symbols, abbreviations, notes and definition, and list all applicable Building Code section numbers.

Recommended Drawing Designators
A: Architectural: Mandatory designation for drawings showing architectural work.
P: Plumbing: Mandatory designation for drawings showing plumbing work when the scope of work required storm sewer system installation

2. Required Documents. Based on building location and designation, and the project scope of work, the following submissions may have to accompany the drawings at intake:

  • NYC Department of Transportation (DOT) – Property Owners must have sidewalk and curb permits from DOT’s Office of Construction Mitigation Coordination
  • Landmark Preservation Commission (LPC)
  • NYC Department of Environmental Protection (DEP)
  • NYC Fire Department (FDNY) – to regulate relocation of fire hydrants
  • Metropolitan Transit Authority (MTA) Approval – to regulate sidewalk grates, subway entrances and bus stops
  • Utilities companies will also be involved when utility poles need to be relocated or removed
  • Office of Environmental Remediation approval
  • United States Postal Service (USPS)
  • Public Design Commission (PDC) Approval for Distinctive Sidewalks

3. Post Approval Amendments.  Any changes to approved scope of work that are significant and substantive will require submission of revised documents and /or plans as a post-approval amendment (PAA).  Approval of an amendment must be obtained before the work is completed. Changes that are not substantive do not require a PAA; however these changes must be shown on plans and included in the ‘as-built’ submission at the end of the project (AC 28-104.3).

Substantive changes that meet the following criteria should be submitted for review as a PAA to amend the approved plans:

  • Changes to approved curb cut that increase the length, or change the location of the curb cut to a different location

4. As-Built Submission.  All changes must be submitted in an ‘as-built’ drawing at the end of the project.

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