There is not a "hole" lotta love coming for stalled projects

The current state of our economy has ravaged the NYC Real Estate Community. Many projects that had been fast tracked in order to meet the 421A tax exemption deadline have now been "stalled" due to the lack of available financing. Most are left in some phase of the excavation or foundation stage with no plans to restart. All five boroughs are littered with holes, fences and non active construction sites. The posted stalled site list on the NYC DOB web site logs over 400 "entries" which press articles have reported, translates into 150 stalled sites. These sites, let alone contributing to eyesore conditions in many communities, can pose danger to the public and adjacent properties if not monitored and maintained during their inactivity. To that end legislation has been proposed and draft protocols have been put forth that will codify the steps that owner and contract must take to secure their sites. The city is proposing that investments of this type will allow a four year approval maintenance (beyond the two year approval expiration and the one year permit expiration) that will prevent the necessity for resubmissions and new code applicability for many projects. As proposed, a stalled site will be any site that has had no active construction work in one month. The responsible party (owner/contractor) must notify the city in writing that its site is "stalled" and submit a program for its maintenance that will involve work to "secure" the site and an ongoing maintenance process. It will also require monthly inspections and reports to the city on the site conditions. Excavation and foundation sites will also have the extra burden (if not backfilled) of having a P.E. submit a plan for the evaluation of any sheeting, shoring or underpinning done and require an even more detailed monitoring program in order to protect adjacent properties. If DOT permits are not maintained the roadway and sidewalk will have to be returned and fencing secured. Proper signage must be maintained as well as ongoing watchmen services. Temporary power will have to be maintained for all lighting required (i.e. sheds). All adjacent property protection must be maintained (i.e. roof protection) and if a site has hit the 75 ft. threshold an elevator in readiness and an operator would have to be made available to the Fire Department as well as a Fire Safety Plan submitted to the NYCFD. Excavated sites would also have to be free from standing water and inspected additionally after severe weather (dewatering may be required). The Siamese connection and temporary standpipe and egress would have to be maintained along with the required signage. Sites in superstructure would also have to remove all temporary items such as reshores and either secure or remove all materials. Temporary structures and equipment permits would have to be maintained (shed, fence, etc.) as well as exposed structural steel fire proofed and all netting (vertical) maintained. Any sites not complied can be deemed an abandoned site or an unsafe building under the code which would allow the city to take proper action and charge back the costs (and lien the project) to the owner. If the contractor permit expires all responsibility devolves to the property owner. It is imperative that owners of the site get a handle now on what has to be done and develop a plan before they are forced to act without time for proper thought. There's not a "hole" lotta love coming for stalled projects. Matt Caruso is the executive vice president of operations for Domani Consulting, Valley Stream, N.Y.