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Except as otherwise provided by law, no person shall remove, open or otherwise disturb the pavement of, or excavate in, a public street, or use any part of a public street so as to obstruct travel therein (i) without a permit from the commissioner, and (ii) unless such removal, opening or other disturbance of the pavement or such excavation or use is carried out in accordance with the provisions of this subchapter and of section 24-521 of the code, the rules of the department in relation thereto and the terms and conditions of such permit.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. In addition to any of the requirements specified in this subchapter and except as hereinafter specifically provided, all permits issued by the commissioner pursuant to this subchapter shall be subject to the provisions of this section and any rules promulgated pursuant thereto. All applications for permits shall be submitted to the commissioner in such form and shall contain such information as the commissioner shall prescribe.
b. Each permit shall be subject to such reasonable conditions as the commissioner may determine are necessary to protect public safety and to safeguard the interests of the city.
c. The commissioner may require that an applicant for a permit deposit cash and/or a bond or other form of security with the city in an amount which the commissioner determines may be necessary to cover and pay all of the expenses, costs and liability that the city may incur as a result of the activity for which the permit is to be issued, to insure prompt compliance with the terms and conditions of the permit or to otherwise safeguard the interests of the city.
d. The commissioner may suspend review of applications for permits pending (i) payment by an applicant of outstanding fines, civil penalties or judgments imposed or entered against such applicant by a court or the environmental control board pursuant to this subchapter, (ii) payment by an applicant of outstanding fees or other charges lawfully assessed by the commissioner against such applicant pursuant to this subchapter and/or (iii) satisfactory compliance by an applicant with a request for corrective action or order issued by the commissioner pursuant to this subchapter.
e. 1. The commissioner may, after giving the permittee notice and an opportunity to be heard, revoke or refuse to renew a permit:
(a) for failure to comply with the terms or conditions of such permit or the provisions of this subchapter or of section 24-521 of the code or the rules or orders of the department in carrying out the activity for which the permit was issued;
(b) whenever there has been any false statement or any misrepresentation as to a material fact in the application or accompanying papers upon which the issuance of the permit was based; or
(c) whenever a permit has been issued in error and the conditions are such that the permit should not have been issued.
2. Notwithstanding the foregoing provision, if the commissioner determines that an imminent peril to life or property exists, the commissioner may revoke a permit without affording the permittee an opportunity to be heard prior to such revocation. The permittee shall have an opportunity to be heard, in accordance with the rules of the department, within five days after such revocation.
f. The commissioner may refuse to issue a permit to an applicant (i) who has exhibited a pattern of disregard for the provisions of this subchapter, of section 24-521 of the code, the rules or orders of the department in relation thereto or the terms or conditions of permits issued pursuant to such provisions, or (ii) who has been found liable by a court or in a proceeding before the environmental control board for a violation of any provision of this subchapter, of section 24-521 of the code, of a rule or order of the department in relation thereto or of a term or condition of a permit issued pursuant to such provision, which violation caused an imminent peril to life or property.
g. The commissioner, consistent with article twenty-three-A of the correction law, may refuse to issue a permit if the applicant or any officer, principal, director or stockholder of such applicant owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which in the judgment of the commissioner has a direct relationship to fitness or ability to perform the activity for which the permit is required.
h. 1. If the commissioner finds that a permittee or any employee, agent, independent contractor or other person engaged in performing an activity for which a permit has been issued has violated the terms or conditions of such permit or any provision of this subchapter or of section 24-521 of the code relating to the activity for which the permit has been issued or any order issued by or rule promulgated by the commissioner pursuant thereto or that a condition exists in any street which is in violation of a provision of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto, unless the condition is an imminent threat to life or safety, the commissioner may (i) notify the permittee or other responsible person of the condition found by the commissioner to constitute such violation and request that action be taken to correct the condition in such a manner and within such period of time as shall be set forth in such request, and (ii) afford such permittee or other responsible person an opportunity to contest the commissioner's finding in a manner to be set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspections which the department may incur as a result of such condition.
2. The provisions of this subdivision shall not be construed to limit the power of the commissioner to take any other action authorized pursuant to this subchapter with respect to any violation, including but not limited to, the commencement of an action or proceeding in a court or before the environmental control board or to require that the commissioner resort to the procedure set forth in this subdivision as a prerequisite to the commencement of an action or proceeding in a court or before the environmental control board or the taking of any other action authorized pursuant to this subchapter with respect to a violation.
i. As used in this section, the term "permit" includes a license.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
The issuance of revocable consents by the commissioner pursuant to this subchapter shall be subject to the provisions of chapter fourteen of the charter and the rules adopted by the commissioner pursuant thereto.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
The commissioner may promulgate rules to carry out the provisions of this subchapter and the policies and procedures of the department in connection therewith.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
The commissioner may enter in the day time upon any lands, tenements, hereditaments and waters which he or she shall deem necessary to be surveyed, used or converted, for the purpose of laying out and surveying streets, bridges, tunnels and approaches to bridges and tunnels.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. (i) Except as otherwise provided by law, it shall be unlawful for any person to close any street, or a portion thereof, within the jurisdiction of the commissioner, to pedestrian or vehicular traffic without a permit from the commissioner.
(ii) The commissioner may temporarily close or may issue a permit to temporarily close to pedestrian or vehicular traffic any street, or a portion thereof, within his or her jurisdiction, when, in his or her judgment, travel therein is deemed to be dangerous to life, in consequences of there being carried on in such street activities such as building operations, repairs to street pavements, sewer connections, or blasting for the purpose of removing rock from abutting property, or upon advice from the police commissioner, fire commissioner or commissioner of the office of emergency management that such closure will promote or protect safety or life, or when such closure may be necessary for a public purpose. In such event, the commissioner shall make available to the community board and the council member, senator, and member of assembly in whose district such street is located information regarding any such closure which continues beyond five business days, state the reason or reasons for such closure and the estimated date for the street, or any portion thereof, to reopen.
b. In the event that a publicly mapped street that is used for vehicular or vehicular and pedestrian access, for which vehicular access is fully closed for more than one hundred eighty consecutive days, the commissioner shall issue or cause to be issued a community reassessment, impact and amelioration (CRIA) statement that has been approved by the commissioner or other government entity initiating the street closure which shall be delivered to both the community board and the council member, senator, and member of assembly in whose district the street is located on or before the two hundred tenth day of the closure. Such CRIA statement shall contain the following: the objectives of the closure and the reasons why the continued street closure is necessary to attain those objectives, which in the case of a closure initiated by a local law enforcement agency for security reasons shall be satisfied by a statement from the local law enforcement agency that the street has been closed and will remain closed for security reasons; identification of the least expensive alternative means of attaining those objectives and the costs of such alternatives, or a statement and explanation as to the unavailability of such alternatives, which in the case of a closure initiated by a local law enforcement agency for security reasons shall be satisfied by a statement from the law enforcement agency that there are no alternative means available; how the continued street closure will impact access and traffic flow to and within the surrounding community, including but not limited to, access to emergency vehicles, residences, businesses, facilities, paratransit transportation and school bus services; and any recommendations to mitigate adverse impact and increase access to and within the area. In the case of a closure initiated for security reasons, the police department shall ensure that the CRIA statement does not reveal non-routine investigative techniques or confidential information or potentially compromises the safety of the public or police officers or otherwise potentially compromise law enforcement investigations or operations, provided that the issuance of the CRIA statement shall not be delayed beyond the required time period. The requirement for the issuance of a CRIA statement as described in this subdivision may be satisfied by delivery of an environmental assessment statement, environmental impact statement, or similar document required by law to be prepared in relation to the street closure. Prior to the issuance of a CRIA statement, the commissioner, in the case of a closure for which a permit issued by the department is required, shall hold at least one public forum, publicized in advance, in any affected community at which the community may register its input concerning any potential adverse impacts of the street closure, including but not limited to concerns regarding timeliness of emergency vehicle response and traffic congestion resulting in a potential increase in noise and any other adverse conditions caused by the closure. In the case of a street closure effectuated for security reasons by a local law enforcement agency, such law enforcement agency shall hold the public forum provided herein. Following the public forum(s), the council member, senator, and member of assembly in whose district the street closure is located may forward to the government entity which held the public forum(s) issues raised at the public forum(s) by the participants. The government entity which held the public forum(s) shall make its best efforts to respond to the issues raised, utilizing the expertise of other city agencies if appropriate, and shall provide such response to be appended to the CRIA statement. In the case that an environmental assessment statement, environmental impact statement, or similar document is substituted in lieu of the CRIA statement, as provided for above, the public forum provisions provided herein shall still apply.
c. For purposes of this section, a "street closure" shall not include a street closure undertaken by a federal or state governmental entity.
(Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2005/024.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Community organization. The term "community organization" means any formal or informal group of people or businesses with ties to the community who collaborate to manage or participate in the operations of an open street.
Open street. The term "open street" means a street or segment of a street designated by the department as such, on which motor vehicle access is controlled by barriers and signage or other traffic calming measures, and on which priority is given to pedestrians, individuals using bicycles, and other non-vehicular street users.
b. The department shall designate and manage open streets in accordance with this section and rules of the department.
c. 1. An open street may be managed by the department or by a community organization designated by the department, provided that the department shall manage or provide resources for community organizations to manage no fewer than 20 open streets in areas underserved by open streets. At minimum, 10 of such open streets shall be no fewer than five blocks in length.
2. The department shall provide signage, street furniture and other equipment to any community organizations for the purpose of an open street, as available.
d. Applications.
1. A community organization may submit to the department a proposal for designation of a street as an open street in accordance with this section and the rules of the department. A proposal may include an application to manage such street in accordance with this section and the rules of the department or to provide volunteers to assist with such management. Such application shall, at minimum, include:
(a) Geographic bounds of the requested street or segment of a street;
(b) Proposed duration and daily hours of operation;
(c) Space on the roadway designated for use in the management of such proposed open street, including parking spaces;
(d) Resources, if any, such organization proposes to contribute to the operation of the proposed open street or any other open street;
(e) Resources, if any, requested from the department for the operation of such proposed open street;
(f) Description of measures to facilitate use of the open street by people with disabilities; and
(g) Proposed plan for how to maintain emergency vehicle access and any staffing plans.
2. The department shall offer a short-form application to renew the management of an open street. Such short-form application shall include an opportunity for an applicant to request any of the following: additional resources, traffic calming measures as specified in subdivision i, street furniture, accessibility improvements, or consideration of conversion of such street to a shared street.
3. A management agreement with a community organization shall not be required where the department provides for the management of an open street and such community organization provides volunteers to assist in such management.
e. Selection. In exercising its discretion to designate an open street, the department shall consider the following factors:
1. Equitable distribution of open streets throughout the city;
2. The safety of all street users;
3. Existing parks, open streets or other open spaces and their current utilization;
4. The presence of bus routes, truck routes or medical facilities;
5. Access for commercial deliveries and emergency vehicles;
6. Existing access to public transportation and bicycle and pedestrian infrastructure; and
7. Proximity to existing pedestrian and bicycle infrastructure or parks.
f. Outreach. The department shall conduct community outreach regarding the open streets application process, including applicant development, with priority given to neighborhoods with few community organization applicants or other measures of equity as determined by the department.
g. Operation. Open streets shall be managed and operated in accordance with this section and rules of the department. In addition to any other requirement, such rules shall provide:
1. Open streets must be maintained in a manner that allows for emergency vehicle access at all times;
2. Subject to applicant interest and applicant or department resources, open streets may be operated for up to 24 hours per day and up to 366 days per year;
3. Procedures for the temporary suspension of an open street as necessary, including for safety, severe weather events, or any other purpose for which the department determines a suspension will benefit the community;
4. Proposed operational and maintenance plan for the open street, including how to maintain emergency vehicle access and any other staffing plans;
5. Procedures for the staffing of open streets, to include that the department may choose not to require staffing of open streets with sufficient traffic calming measures;
6. Procedures by which community organizations may create their own barriers, signage and street furniture that encourage sustainability and welcoming design, subject to the review and approval of the department; and
7. Procedures by which community organizations may expeditiously obtain permits related to programming on open streets.
h. The department may, in accordance with its rules, provide for the closure of an open street to all motor vehicle traffic except as required for emergency access, where the department determines that such closure would benefit the community.
i. Streetscape elements and design changes. On an annual basis, the department shall evaluate existing open streets to determine whether any such open streets could benefit from additional traffic calming measures and streetscape elements, including but not limited to conversion into a shared street or pedestrian plaza, bicycle parking, signage, street markings, bollards or street barriers, tree plantings, parking removal, street furniture and accessibility improvements, to include raising of the street grade. Any shared streets or pedestrian plazas created pursuant to this section shall satisfy the pedestrian space requirements in section 19-199.1.
j. Prior to the designation of an open street, the department shall:
1. Consult with the fire department. The fire department shall confer with any firehouse whose response area includes the proposed open street, and submit to the department the specific firehouse that was conferred with, the feedback provided from any affected firehouse, the method by which such firehouse provided feedback, and the date such feedback was provided. The department shall include a certification of such consultation in the notice required by paragraph 2 of this subdivision. Such certification shall indicate whether the fire department received feedback from any affected firehouse and, if so, such specific affected firehouse that was conferred with, the method by which such firehouse provided feedback, and the date such information was provided; and
2. Provide notice to any affected council member, community board, and community organization.
k. Section 19-107 shall not apply to the designation of a street or segment of a street as an open street pursuant to this section.
l. Reporting. On an annual basis, the department shall submit to the mayor and the speaker of the council and post on the department's website a report evaluating the open streets program, including any recommendations for modifications or expansion. In addition, the department shall regularly post on the department's website an updated list of open streets, hours of operation and any temporary suspension.
(L.L. 2021/055, 5/13/2021, eff. 9/10/2021; Am. L.L. 2025/006, 1/18/2025, eff. 3/19/2025)
a. A copy of any permit issued pursuant to this subchapter shall be kept on the site of the opening or use or at the designated field headquarters of the work with respect to which the permit was issued and shall be presented upon demand of a police officer or any authorized officer or employee of the department or of any other city agency.
b. Corrective action request. If the commissioner finds that a permittee has violated this section or any rules promulgated pursuant thereto for the first time, the commissioner shall notify the permittee of such violation and request that action be taken to correct such violation in such a manner within 30 days and shall afford such permittee an opportunity to contest the commissioner's finding in a manner set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspections which the department may incur as a result of such violation.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2021/080.
a. Protective measures. Any person who removes, opens or otherwise disturbs the pavement of or excavates in a public street or uses any part of a public street so as to obstruct travel therein shall provide barriers, shoring, lighting, warning signs or other protective measures in accordance with the rules of the department, so as to prevent danger to persons and property, and such barriers, shoring, lighting warning signs or other protective measures shall be maintained in accordance with such rules until the work shall be completed, or the danger removed.
b. Required signs. Legible signs shall be displayed at the site of such work in accordance with the rules of the department, indicating thereon the name of the permittee, the name of the person for whom the work is being done and the names of any contractors, when employed.
c. Disturbance, prohibited. It shall be unlawful to throw down, displace or remove any barrier shoring, plate or warning sign or to extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the commissioner or without the consent of the person superintending the work or materials protected thereby.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
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