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a. Limitation. It shall be unlawful for any person to erect or build, or cause or permit any vault to be made without a license issued by the commissioner pursuant to this section or a revocable consent issued pursuant to chapter fourteen of the charter and the rules adopted by the commissioner pursuant thereto. All vaults shall be constructed in accordance with the provisions of the building code of the city of New York. A license issued pursuant to this section shall not authorize the construction of a vault which extends further than the line of the sidewalk or curbstone of any street.
b. Licenses. Every application for a license to erect a vault shall be in writing, signed by the person making the same, and shall state the intended length and width of such vault and the number of square feet of ground which is required therefor.
c. Compensation. Upon receiving such license the applicant therefor shall forthwith pay to the commissioner such sum as the commissioner shall certify in the license to be a just compensation to the city for such privilege, calculated at the rate of not less than thirty cents, nor more than two dollars, per foot, for each square foot of ground mentioned as required for such vault.
d. Measurement. In the case of a new vault, before the arching or covering thereof shall be commenced, the person to whom the license for such vault shall have been granted shall cause the same to be measured by a city surveyor. Such surveyor shall deliver to the commissioner, a certificate, signed by the surveyor, specifying the dimensions of the vault. The certificate shall be accompanied by a diagram showing the square foot area of the vault, including its sustaining walls, and indicating its location relative to the building and curb lines and to the nearest intersecting street corner. In the case of an existing vault, the person claiming the right to the use thereof shall furnish a like certificate and diagram in respect thereof, but in such case the measurement shall exclude the sustaining walls.
e. Refunds. If, from subsequent measurements, it shall appear that less space has been taken than that paid for, the licensee shall be entitled to receive a certificate from the commissioner showing the difference. Upon the presentation of such certificate of difference to the comptroller, the comptroller shall pay a rebate to the licensee, the amount of which shall be the difference in money between the space fee originally paid and the fee for space actually taken.
f. Unauthorized encroachments. If it shall appear that the vault or cistern occupies a grater number of square feet than shall have been so paid for, the owner thereof shall, in addition to the penalty imposed for such violation pursuant to section 19-149 or 19-150 of this subchapter, forfeit and pay twice the sum previously paid for each square foot of ground occupied by the vault over and above the number of square feet paid for as aforesaid.
g. Responsibility. The master builder who shall complete or begin the construction of a vault, and the owner or person for whom the same shall be excavated or constructed shall be subject to the provisions and payments of this section and sections 19-118, 19-119, and 19-120 of this subchapter and to the penalties for violations thereof, severally and respectively.
h. Exemption. Openings over which substantial and securely fixed gratings of metal or other noncombustible material have been erected in accordance with the provisions of this section and sections 19-118, 19-119 and 19-120 of this subchapter, shall be exempted from payment of fees for licenses for vaults, provided such openings be used primarily for light and ventilation, and provided such gratings are of sufficient strength to sustain a live load of three hundred pounds per square foot and are constructed with at least forty percent of open work.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
All vaults shall be constructed of materials conforming to the requirements of the building code of the city of New York, and so that the outward side of the grating or opening into the street shall be either within twelve inches of the outside of the curbstone of the sidewalk, or within twelve inches of the coping of the area in front of the house to which such vault shall belong.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
It shall be unlawful for any person to remove or insecurely fix, or cause, procure, suffer or permit to be removed or to be insecurely fixed, so that the same can be moved in its bed, any grate or covering or aperture of any vault or chute under any street. However, the owner or occupant of the building with which such vault is connected, may remove such grate or covering for the proper purpose of such vault or chute. The opening or aperture shall be inclosed, while such grate or covering be removed, with a strong box or curb at least twelve inches high, firmly and securely made. Openings of more than two square feet of superficial area shall be inclosed at such times with strong railings not less than three feet high, to be approved by the commissioner. Such grates or coverings shall not in any case be removed until after sunrise of any day and shall be replaced before one-half hour after sunset.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
The commissioner may order the removal and replacement of vault covers which are broken or present a slippery surface in the manner provided in the rules of the department.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. Permit. It shall be unlawful for any person to obstruct, or cause to be obstructed, any portion of a street with construction materials or equipment, unless authorized by a permit issued by the commissioner.
b. Conditions. In addition to any other conditions which may be set forth in such permit or in the rules of the department, the following conditions shall apply:
1. Any permit granted pursuant to this section shall be posted in a conspicuous place on or near the material or equipment or kept on the site or in the designated field headquarters of the work with respect to which the permit was issued so as to be readily accessible to inspection.
2. Sidewalks, gutters, crosswalks and driveways shall at all times be kept clear and unobstructed, and all dirt, debris and rubbish shall be promptly removed therefrom. The commissioner may authorize encumbrance of the sidewalk with equipment or material in a manner which will not prevent the safe passage of pedestrians on such sidewalk.
3. The outer surface of such construction material or equipment shall be clearly marked with high intensity fluorescent paint, reflectors, or other marking which is capable of producing a warning glow when struck by the headlamps of a vehicle or other source of illumination.
4. All construction material and equipment shall have printed thereon the name, address and telephone number of the owner thereof.
5. In a street upon which there is a surface railroad, construction materials or equipment shall not be placed nearer to the track than five feet.
6. The street under such construction material or equipment shall be shielded by wooden planking, skids or other protective covering approved by the com- missioner.
7. Construction material or equipment shall not obstruct a fire hydrant, bus stop or any other area as set forth in the rules of the department the obstruction of which would impair the safety or convenience of the public.
c. Removal of unauthorized obstructions. The commissioner may remove any construction material or equipment placed in or upon any street in violation of this section, the rules of the department or the terms or conditions of a permit issued pursuant to this section. If the identity and address of the owner is reasonably ascertainable, notice of the removal shall be sent to the owner within a reasonable period of time after the removal. If such material or equipment is not claimed within thirty days after its removal, it shall be deemed to be abandoned. If the equipment is a vehicle, its disposition shall be governed by section twelve hundred twenty-four of the vehicle and traffic law. All other unclaimed material or equipment may be sold at public auction after having been advertised in the City Record and the proceeds paid into the general fund or such unclaimed material or equipment may be used or converted for use by the department or by another city agency or by a not-for-profit corporation engaged in the construction of subsidized housing. Material or equipment removed pursuant to this subdivision shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the department and any fines or civil penalties imposed for the violation or, if an action or proceeding for the violation is pending in court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the department in an amount which will secure the payment of such costs and any fines or civil penalties which may be imposed for the violation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
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