Design Professional Requirements:
Public Right of Way Encroachments


Applicability of Code and Zoning

A Public Right of Way Encroachment project must be filed under 2014 NYC Construction Codes per AC 28-101.4.3.

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.


Code

Typical Project Element

Applicable Code and Regulations

Scope and Definitions

BC 3201

NYC DOT Revocable Consent is required before approval by DOB

BC 3201.9

Public Right of Way Encroachments

BC 3202

Awnings, canopies and sun controlled devices

BC 3105

Marquees

BC 3106

Accessibility

BC Chapter 11


Zoning

Encroachments into Public Right of Way shall require coordination and compliance with certain.

Zoning Resolutions
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:

  • Commercial District.  ZR Article III
    • Height and setback, and permitted obstructions ZR 33-40 and all subsections
  • Manufacturing District. ZR Article IV
    • Height and setback, and permitted obstructions ZR 43-40 and subsections

Other Regulations


Guidelines for Submission of Public Right of Way Encroachment Cut Installation Project Plans

Prior to preparing the design documents and construction drawings, the Registered Design Professional must perform a pre-design review that analyzes all of the building elements, systems and other components affected by the proposed scope of work, to verify a Code compliant installation or modification of the encroachment.  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 Article 104 or 2014 BC 107.2.

The Department’s guidelines outlined in the following section provide an organized approach for the preparation of construction documents; this will facilitate the plan review process. Drawings shall clearly indicate existing and proposed conditions and any area affected by the scope of work.


Complete Submission of Curb Cut Drawings/Construction Documents

Construction documents should represent complete work, including multiple disciplines such as architectural, structural, plumbing, electrical, mechanical, and others. There must be close coordination between all 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 floor layouts, elevations, schedules and 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.

  • Title Sheet.  Should clearly describe the project location, including the adjacent streets, properties, etc. and a graphical scale.  Drawing notes should include building occupancy classification, zoning use group, construction classification, and the project scope.
  • Drawing Index. Identify discipline (A, M, P, etc.) and drawing number (100.00, 101.00, etc.) for all included plans, sections, elevations, details, schedules, etc.
  • 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, curb cuts, north arrow, etc. The area of proposed work shall be clearly identified.
  • Floor Plans.  Show existing and proposed conditions; clearly identify rooms’ names and use them consistently between the different discipline drawings. Coordinate between all trades/disciplines to ensure that the proposed scope of work is complete and shown on all submitted discipline drawings.  Where required, drawings must indicate fire rating for partitions, ceiling, walls; location of penetrations through fire rated assemblies; and schedules for doors, windows and finishes materials.
  • Façade Elevations.  Required if the project involves the renovation or modification of the building’s exterior and in some cases also required for modifications to egress that may impact the façade.
  • Cross Sections.  Might be required for documenting some types of renovation projects. These could include building cross sections.
  • Detail Drawings. These drawings contain significant information required to clearly communicate the scope of work, in a magnified form.
  • Energy Analysis.  These calculation and tabulation quantify energy demand and output.  In the case of encroachments, energy analysis would be applicable to street walls and possibly its components, as listed previously.

If applicable, additional elements required on drawings include:

  • Accessibility for persons with physical disabilities, such as accessible building entrances, to comply with BC Chapter 11
  • Building systems and equipment details*
  • Flood Zone compliance

*Refers to Construction Project Guidelines for Building System Installation and Modification 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, required special/progress inspections list, and Legends
A-100.00 Existing and Demolition Floor Plans
A-101.00 Proposed Floor Plans should show details of the encroachment and how the element is integrated into the interior.
A-200.00 Proposed underside soffit to illustrate lighting and topside plans to illustrate details of structural anchoring for marquees
A-400.00 Existing and Proposed Façade Elevations
A-401.00 Existing and Proposed Cross Sections (if applicable)
S-100.00 Structural Plans and Details
P-100.00 Plumbing Plans - Riser Diagram/Drainage Piping for marquee
EN-100.00 Energy Code Analysis (if applicable)

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 including riser diagrams and plumbing details
EN: Energy Analysis: Mandatory designation if an Energy Analysis is required

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

  • NYC Department of Transportation (DOT) – Including revocable consent, if applicable  
  • NYC Landmark Preservation Commission (LPC) approval
  • NYC Public Design Commission (PDC) approval
  • Tenant/Occupant Protection Plan, if applicable
  • Mayor’s Office for People with Disabilities (MOPD)
  • NYC Department of Environmental Protection (DEP) or OER authorization
  • FEMA (Federal Emergency Management Agency) – FEMA Maps
  • Metropolitan Transit Authority (MTA) approval
  • Mayor’s Office of International Affairs – Foreign consulates and missions to the United Nations, consult TPPN 5/94 regarding foreign government plan filing.
  • Office of Foreign Missions (OFM), U.S. Department of State

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 (§28-104.3).

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

  • Expand scope of work on the approved plans to include space, size, and number to increase allowable scope within the limits permitted by the As-of-Right provisions.  For example, increase the number of street wall mounted flag poles. 
  • Any amended approvals from DOT, LPC, PDC, etc.

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

NOTE: Organizations like the AIA, CSI and National Institute of Building Sciences work jointly to create national standards for consistent documentation and data organization, to assist in communication and coordination across the design and construction industry.  (See http://www.nationalcadstandard.org for more information.)

DOT – Instructions For Filing Plans & Guidelines for the Design of Sidewalks, Curbs, Roadways and Other Infrastructure Components


Special Inspections

As per Chapter 17 of the Building Code, renovation work may require certain Special and Progress Inspections to be performed during and at the end of construction as outlined in the table below. Prior to Approval, the Applicant of Record is required to identify all required Special and Progress Inspections (BC 1704.1).  Prior to DOB permit issuance, the Owner must typically engage a registered Special Inspection Agency (SIA) who will take responsibility for the Special and Progress Inspections. The Applicant of Record may perform these inspections if they are also an SIA.

Based on the scope of work, a renovation project may be required to comply with the following Special and Progress Inspection requirements:

Sprayed fire-resistant materials

Special Inspections for sprayed fire-resistant materials applied to floor, roof and wall assemblies and structural members shall be in accordance with Sections 1704.11.1 through 1704.11.7.

Structural Stability – Existing Buildings

Alteration of existing structural systems or elements, such as columns, girders, beams, bearing walls, etc. where the stability or integrity of a structural system is to be temporarily diminished, in accordance with Sections 1704.20.6 through 1704.20.10.

Fire-resistant Penetration and Joints

Special Inspections for penetration of fire-resistant elements and assemblies; and related firestops in accordance with Sections 1704.27.1 and 1704.27.2.

Flood Zone Compliance

Special Inspection for flood zone compliance shall be as required by BC Appendix G and BC 1704.29.

Fire-Resistance-Rated Construction

Fire resistance-rated partitions, floors, ceilings, shafts, and shutters as per BC 110.3.4

Energy Code Compliance Inspections

  • Thermal Envelope - NYCECC  R402.4.1 and C402.5.1.1
    • Any modifications to exterior walls, including any encroachments must comply with NYCECC
    • Penetrations through thermal envelope must be sealed to minimize air leakage
  • Maintenance Information - shall be furnished for installation of new equipment as per NYCECC R303.3 and C303.3

Final Inspection

A Final Inspection is required prior to the issuance of a Letter of Completion, per AC 28-116.2.4.2 and BC 110.5, Directive 14 of 1975 (D14) and 1 RCNY §101-10.


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