Our last post described the changes driven by the New York City Council in its effort to reduce the number and duration of sidewalk sheds found across the city. In addition to the sheer number of sheds in place at any given time, their appearance has long been a point of contention. The Council is taking efforts to combat this by its own specific changes in the law and by directing the Department of Buildings (“DOB”) to promulgate its own rules.
Specifically, the Council sought to (a) limit the length that a shed can extend beyond the repair area unless specific circumstances mandate; (b) raise the minimum clearance to 12 feet; (c) increase the brightness of under-shed lighting near transit facilities; and (d) expand the available colors to include hunter green, metallic gray, or white, or to match the façade, trim, or visible roof in front of an existing building undergoing repairs (previously, sheds were required to be hunter green, with the exception of one contractor which was permitted to use white based on winning a DOB-sponsored design competition). Lighting in particular was a concern, with the Council directing an increase in brightness, including permitting the use of LED lights, while also seeking to protect light spillage into nearby residential units.
The Council also directed DOB to develop rules for shed alternatives and alternative designs, DOB must now study the potential use of netting as an alternative to sheds in places where (i) the public would not access or (ii) on a building exposure adjoining the exposure where the façade work is to occur. Additionally, by September 30, 2025, DOB is required to adjust its rules to accommodate a wider range of shed designs, so long as the designs comply with the ordinances in effect.
While the real-world results of these bills will take some time to realize, the design updates should provide for more flexibility for shed companies and building owners in protecting the public and reducing the impact of neighboring residents.
