“DOT grants permission to applicants to occupy or use space on, over or under the City streets and sidewalks, charging fees for these uses.”
New Yorkers utilize every square inch of real estate possible. It would make sense to use the sidewalks in front of their building as well. This can become complicated as the Department of Transportation (DOT) has jurisdiction over that area. Revocable Consent is required when someone wants to build something on public streets or sidewalks, they need to acquire a Revocable Consent from the NYC DOT.
Simple put, Revocable Consent is used for the owner to occupy space on city sidewalks or roads. One instance this may be required is when there is work being done on certain stoops in Brooklyn or the addition of a snowmelt system in Manhattan.
- Revocable consents are revocable
The name says it all, but it means the DOT has the right to revoke that consent at any time, for any reason, at the owner’s expense,
- Revocable consents are granted in periods of 10 years
This means they must be renewed at the end of the term in order to avoid penalty.
- Aside from initial filing fees, expediting fees, and architect/engineer services, revocable consents typically have a yearly fee
These depending largely upon what the revocable consent is being issued for, where it is, and for what purpose. These fees vary drastically and are difficult to estimate.
- Revocable Consents may require approvals from other NYC agencies
One of the more common approvals required is LPC (Landmark) approval for consents in historical districts. Additional approvals from any combination of the DOB, LPC, PDC, etc. may be required.
Do I need a DOT Revocable Consent?
Although Revocable Consent is required when building something on or under city-owned streets and sidewalks, it must meet certain criteria. For example: sidewalk cafes are handled by the Department of Consumer Affairs. Aside from desired these items to be placed on the sidewalk, reasons are required for doing so. Fees may also be assessed after initial meetings.
Here is a partial list of many of the items requiring revocable consent:
- electrical sockets
- fenced or walled-in area not used for planting or parking; including a fenced or walled-in area containing a drainage basin
- guard booths
- guard rails
- information signs or kiosks
- stoops and any other improvements adjacent to a building which is located in a historic district or which is an individual landmark where construction of such stoop or other improvement has been approved by the Landmarks Preservation Commission
- overhead building projections in excess of that allowed by the Building Code
- cables (other than underground cable, wire or optical fiber and associated electronics under the jurisdiction of the Department of Information Technology and Telecommunication)
- parking lots for private use
- planted areas, including any surrounding fence or wall
- posts, poles or bollards not otherwise governed by permit procedures contained in Title 19 of the Administrative Code
- railroad tracks for private use
- ramps intended to provide access to people with disabilities
- retaining walls
- sidewalk plaques or logos
- signs or plaques on City-owned street lamps or other City-owned structures
- stoops, steps, ramps, vestibules or other entrance details extending beyond limits set in Articles 8 and 9 of Title 27 of the Administrative Code
- street lamp or fixture
- vaults or underground improvements not otherwise governed by license procedures contained in Section 19-117 of Title 19 of the Administrative Code
- public service corporation facilities ancillary to, but not within, a franchise granted prior to July 1, 1990
- enclosures for trash receptacle adjoining a building, for private use
- litter receptacles for public use affixed to the sidewalk
Obtaining Revocable Consent
Revocable consents require meetings to discuss the extent of the consent, phasing and propose yearly fees. There are several forms of documentation necessary before obtaining revocable consent. The application that must be submitted is sometimes referred to as a petition. This form asks basic information such as the adjacent property, its owner or lessee, and the proposed structure.
It’s important to note that your petition must also be accompanied by a plan drawn by a professional engineer or registered New York architect. The filing fees for the petition range from $100 to $750 depending on the necessary requirements. The entire filing, review and approval process may take from 3-6 months.