Small lot development - Part 3
On top of all that, there are so many codes that the development must comply with, such as NYS Multiple Dwelling Law, NYC Zoning Resolution, NYC Construction Codes (Building/Energy/Fuel Gas/Mechanical/Plumbing), NYC Fire Code, NYC Housing Maintenance Code, etc. Development in small lots, particularly old brownstones, also faces many unique challenges. So I want to share some of these challenges based on lessons (some were costly!) that I learned from my own experience.
Air rights
Small lots are usually located in R6, R6A, R7-2, and R7A zoning districts, which come with 2.2, 3.0, 3.44, and 4.0 FAR, respectively. Using a 18-ft by 100-ft lot in a R7-2 district as an example, the total zoning floor area is 6,192 SF. A lot of these lots were built as 3 or 4-story buildings at 18-ft by 55-ft footprint in the 20’s and 30’s. So there is significant air right available for vertical and/or horizontal enlargement. Make sure to also check the DOF’s ACRIS records for any ZLDA for air rights transfer on the property.
There can be a number of deductions available to increase your available floor areas. They are usually related to mechanical deduction and/or quality housing deduction. It is usually not very significant in small lot development. Your architect shall be able to identify them.
Minimum lot width and area
If the lot area is less than 1,700 SF or the lot width is less than 18-ft, you can only build 1 or 2 family dwelling for ground-up construction. If the development plan is to do a conversion and/or enlargement, you might be able to keep the number of existing units but it’s unlikely you can increase the number of dwelling units.
Front yard, side yard and backyard
In small lots development, front yard is usually required to align with buildings on the adjacent lots. Typically, there is no side yard requirement. Minimum backyard depth for residential use is usually required at 30-ft in R6 and R7 districts.
Street trees
If the plan is to enlarge the existing building and the enlargement area exceeds 20% of the current structure, additional street tree(s) will be required.
Sliver law
For most small lot deals, the lot is usually located mid-block on a narrow street (less than 75-ft wide). The NYC Sliver Law would apply here. It means you can only build up to a height of 100-ft or the width of the narrow street, whichever is less, unless the abutting buildings on the adjacent lots are taller, which is rarely the case in R6 and R7 zoning districts.
Height restriction
Here is a process to identify the height restriction of a development and if adding floor(s) on top of existing structure is feasible from a height standpoint.
In small lots development, front yard is usually required to align with buildings on the adjacent lots. Typically, there is no side yard requirement. Minimum backyard depth for residential use is usually required at 30-ft in R6 and R7 districts.
Street trees
If the plan is to enlarge the existing building and the enlargement area exceeds 20% of the current structure, additional street tree(s) will be required.
Sliver law
For most small lot deals, the lot is usually located mid-block on a narrow street (less than 75-ft wide). The NYC Sliver Law would apply here. It means you can only build up to a height of 100-ft or the width of the narrow street, whichever is less, unless the abutting buildings on the adjacent lots are taller, which is rarely the case in R6 and R7 zoning districts.
Height restriction
Here is a process to identify the height restriction of a development and if adding floor(s) on top of existing structure is feasible from a height standpoint.
- Step 1 - determine your height restriction based on Sliver law
- Step 2 - compare it against the maximum height allowed by the zoning code (usually 55-ft to 75-ft for lots on a narrow street in R6 and R7 districts)
- Step 3 - use the lower number as the height restriction for your project
- Step 4 - determine how many floors (given available air rights) you can add using 10-ft a floor as an assumption
Setbacks
Zoning code requires the street facing facade to set back after the base building rises up to a certain high (base height). This is to make sure enough natural lights on the street, a lesson learned from the Equitable Building from lower Manhattan. For a mid-block lot on a narrow street in R6 and R7 zoning districts, this usually means that the building has to set back 15-ft before rising to the final height.
Zoning code provides a range on the base height and a restriction on the final height. If the design chooses to start the setback at the lower range of base height, the building can rise higher but a smaller floor plate on upper floors. If the design chooses to start the setback at the higher range, the building won't go up as high but will have more floors with larger floor plate. Obviously the higher the floor, the more sales or rents PSF you can achieve. But there are also many drawbacks with smaller floor plate and higher building. It's a business decision that the developer has to think hard and make "smart" choices on.
9 units or more
There is a Quality Housing Program under NYC Zoning Resolution Article 2 Chapter 8. Most small lot developments will fall under this program. If the development (either ground-up or enlargement) creates 9 units or more, the program requires to provide the following:
Laundry, parking and bicycle storage are usually waived for small lot development. You can still provide them as amenities to the residents.
2nd means of egress
Some small lot buildings have a fire escape as a 2nd means of egress. Other buildings got away with 2nd means of egress by installing sprinklers in the hallway.
For ground up development, you can build up to six (6) stories with one staircase (per NYC Administrative Code 27-366) and an elevator for accessibility.
There is a Quality Housing Program under NYC Zoning Resolution Article 2 Chapter 8. Most small lot developments will fall under this program. If the development (either ground-up or enlargement) creates 9 units or more, the program requires to provide the following:
- 300 SF windowed interior recreation space, or
- 225 SF outdoor recreation space, and
- 12 SF trash room on each floor
Laundry, parking and bicycle storage are usually waived for small lot development. You can still provide them as amenities to the residents.
2nd means of egress
Some small lot buildings have a fire escape as a 2nd means of egress. Other buildings got away with 2nd means of egress by installing sprinklers in the hallway.
For ground up development, you can build up to six (6) stories with one staircase (per NYC Administrative Code 27-366) and an elevator for accessibility.
For existing buildings without a 2nd means of egress, if the plan is to add significant floor areas or to create additional units, you will most likely be required to add a 2nd means of egress. A common way to satisfy this requirement is to add a 2nd fire escape to the other side of the building. There may be other ways but probably more costly, such as converting the existing staircase into an enclosed structure using non-combustible construction with a 2-hour fire rating and/or automatic sprinkler system.
The two (2) means of egress have to be at least 15-ft in distance from each other per NYC Administrative Code 27-363.
Sprinklers
Most small lot buildings already have sprinklers in the public hallways. As long as the plan does not change the residential “use” of the existing building, you are not required to bring sprinklers inside the existing units. However, if the plan is to add significant floor areas, the new floor areas (hallways and unit interiors) need to receive sprinklers. You will need to check if existing water pressure is sufficient for the new sprinklers. If not, you may need to add a booster pump or bring in new service, both of which can be very costly.
Elevator and 5th floor addition
The building code requires that buildings of 5-story or higher have at least one elevator per NYC BC 3002.2. You might think twice if the plan is to add a 5th floor for financial reasons. Adding an elevator shaft is a costly undertaking not to mention the loss of floor area (elevator shaft is counted as zoning floor area!). It usually cost $50,000 to build an elevator pit and additional $25,000 per floor for the shaft concrete core. There are a few ways to get around it with certain conditions.
The two (2) means of egress have to be at least 15-ft in distance from each other per NYC Administrative Code 27-363.
Sprinklers
Most small lot buildings already have sprinklers in the public hallways. As long as the plan does not change the residential “use” of the existing building, you are not required to bring sprinklers inside the existing units. However, if the plan is to add significant floor areas, the new floor areas (hallways and unit interiors) need to receive sprinklers. You will need to check if existing water pressure is sufficient for the new sprinklers. If not, you may need to add a booster pump or bring in new service, both of which can be very costly.
Elevator and 5th floor addition
The building code requires that buildings of 5-story or higher have at least one elevator per NYC BC 3002.2. You might think twice if the plan is to add a 5th floor for financial reasons. Adding an elevator shaft is a costly undertaking not to mention the loss of floor area (elevator shaft is counted as zoning floor area!). It usually cost $50,000 to build an elevator pit and additional $25,000 per floor for the shaft concrete core. There are a few ways to get around it with certain conditions.
If the building was built before 1938, you can file the 5th floor addition under the old 1938 code which does not require elevator for 5-story building. However, the total enlargement (vertical and horizontal) cannot increase the floor surface area of the existing building by more than 110%, per NYC Administrative Code 28-101.4.5.
One way to get around it is to build a 5th floor penthouse with an interior staircase to the 4th floor unit to create a duplex unit. But the penthouse together with any bulkhead structures shall be less than 1/3 of the total roof area per NYC Administrative Code 27-306.
ADA requirements
For ground-up development, ADA accessible route is required from the main entrance to inside each unit. That usually means ADA ramp or lift at the main entrance along with an elevator inside the building. Situation is tricky for conversion and/or enlargement. If the planned development does not change the residential use or egress of the existing building, you are not required to comply with the current ADA requirements. However, DOB might require to make all 1st floor units ADA compliant. Your architect can confirm it and you will need to add it to your project scope and cost.
Landmark Approval
If the property is a landmark building or the lot is within a Landmark district, you will need to get LPC approval for any construction work. Any exterior work especially enlargement will usually go through a long review process with very limited chance of getting approval for significant bulk increase.
Dimensions of unit and room
The zoning code used to call for a minimum dwelling unit size of 400 SF, but it's no longer required since 2016. There are still requirements on room size and dimension. The NYC Administrative Code 27-2074 requires that any inhabitable room shall be at least 80 SF. In addition, one room (usually the living room) in an apartment must be at least 150 SF. In the case of a studio, the one room shall be at least 150 SF. The minimum dimension of any living space (living room and bedroom) shall be 8-ft in any direction.
Lot line windows
If you plan to enlarge the floor area in a room with lot line window(s), you will be required to install sprinklers to the lot line windows. In addition, DOB may require you to calculate light and air requirements without using the lot line window(s) and if needed add new windows as part of your enlargement. This could add significant cost to your project.
Size of hot water heater
Many landlords have switched to electric hot water heaters with built-in storage tank dedicated to each unit. This is done to 1) reduce significant investment and maintenance required on a central boiler system and 2) push the electric cost of hot water onto the residents. Initially, a 30-gal tank was considered adequate for the studio and one bedroom apartments. But it is not the case! Standard bathtub is 42-gal, a 30-gal tank won’t even fill a bathtub! 50-gal tank is the minimum size for even a studio unit, an expensive lesson learned!
Expeditor
Finally, you need a good expeditor who can save you a lot of time in the permitting process! For a NB or Alt-1 application of a small lot development, it can take anywhere from 3 months to a year to get the final approval. There are a lot of variables in the speed of approval and that’s why there is such a wide range. But a good expeditor will certainly help you push to the 3-month side of the range instead of the 1-year side. For a small lot development, the 9-month difference could prove to be make-it or break-it for the project financially.
Some examples how a good expeditor can help speed up the approval: 1) they know what the DOB plan examiners are “looking for” so they can review the drawings and revise things before submitting the application to minimize objections down the road, 2) they know how to communicate with the plan examiners regarding objections so you can identify the fast and cost effective way to resolve issues, 3) they know how to file Alt-1 job “strategically” so you can obtain some approval in an unusual way, 4) on large projects, they know how to “divide” the project into separate filings to get approval quickly, and 5) they will help organize and keep records during construction so you can file and get approval for temporary certificate of occupancy quickly.
For ground-up development, ADA accessible route is required from the main entrance to inside each unit. That usually means ADA ramp or lift at the main entrance along with an elevator inside the building. Situation is tricky for conversion and/or enlargement. If the planned development does not change the residential use or egress of the existing building, you are not required to comply with the current ADA requirements. However, DOB might require to make all 1st floor units ADA compliant. Your architect can confirm it and you will need to add it to your project scope and cost.
Landmark Approval
If the property is a landmark building or the lot is within a Landmark district, you will need to get LPC approval for any construction work. Any exterior work especially enlargement will usually go through a long review process with very limited chance of getting approval for significant bulk increase.
Dimensions of unit and room
The zoning code used to call for a minimum dwelling unit size of 400 SF, but it's no longer required since 2016. There are still requirements on room size and dimension. The NYC Administrative Code 27-2074 requires that any inhabitable room shall be at least 80 SF. In addition, one room (usually the living room) in an apartment must be at least 150 SF. In the case of a studio, the one room shall be at least 150 SF. The minimum dimension of any living space (living room and bedroom) shall be 8-ft in any direction.
Lot line windows
If you plan to enlarge the floor area in a room with lot line window(s), you will be required to install sprinklers to the lot line windows. In addition, DOB may require you to calculate light and air requirements without using the lot line window(s) and if needed add new windows as part of your enlargement. This could add significant cost to your project.
Size of hot water heater
Many landlords have switched to electric hot water heaters with built-in storage tank dedicated to each unit. This is done to 1) reduce significant investment and maintenance required on a central boiler system and 2) push the electric cost of hot water onto the residents. Initially, a 30-gal tank was considered adequate for the studio and one bedroom apartments. But it is not the case! Standard bathtub is 42-gal, a 30-gal tank won’t even fill a bathtub! 50-gal tank is the minimum size for even a studio unit, an expensive lesson learned!
Expeditor
Finally, you need a good expeditor who can save you a lot of time in the permitting process! For a NB or Alt-1 application of a small lot development, it can take anywhere from 3 months to a year to get the final approval. There are a lot of variables in the speed of approval and that’s why there is such a wide range. But a good expeditor will certainly help you push to the 3-month side of the range instead of the 1-year side. For a small lot development, the 9-month difference could prove to be make-it or break-it for the project financially.
Some examples how a good expeditor can help speed up the approval: 1) they know what the DOB plan examiners are “looking for” so they can review the drawings and revise things before submitting the application to minimize objections down the road, 2) they know how to communicate with the plan examiners regarding objections so you can identify the fast and cost effective way to resolve issues, 3) they know how to file Alt-1 job “strategically” so you can obtain some approval in an unusual way, 4) on large projects, they know how to “divide” the project into separate filings to get approval quickly, and 5) they will help organize and keep records during construction so you can file and get approval for temporary certificate of occupancy quickly.
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