Whenever used in this title the following terms have the following meanings:
Asphalt. The term "asphalt" shall mean a dark brown to black bitumen pitch that melts readily and which appears in nature in asphalt beds or is produced as a by-product of the petroleum industry.
Asphaltic concrete or asphalt paving. The terms "asphaltic concrete" or "asphalt paving" shall mean a mixture of liquid asphalt and graded aggregate used as paving material.
Barrier. The term "barrier" shall mean an object, as prescribed in rules of the department, placed on all sides of a roadway cafe, other than the side that fronts the restaurant, to protect patrons of a roadway cafe, that has a fully built interior wall and bottom to hold water or such other filler and that is removable.
Commissioner. The term "commissioner shall mean the commissioner of transportation.
Department. The term "department" shall mean the department of transportation.
Enclosed sidewalk cafe. The term "enclosed sidewalk cafe" shall mean a sidewalk cafe that is constructed predominantly of light materials such as glass, slow-burning plastic or lightweight metal pursuant to a permit issued by the department of buildings.
Fee rate. The term "fee rate" shall mean the compensation to be paid per square foot to the city during the continuance of the revocable consent in an amount equal to the applicable sector rate, reduced, as determined by the department, to account for factors including, but not limited to, the impact historical weather patterns may have on the operation of a sidewalk cafe or roadway cafe and any area of such roadway cafe occupied by barriers demarcating such cafe from the curb lane or parking lane.
Ground floor. The term "ground floor" shall mean visible from the street and directly accessible to the public from the street.
Ground floor restaurant. The term "ground floor restaurant" shall mean any ground floor premises that is operated pursuant to a food service establishment permit issued by the department of health and mental hygiene.
I-4 mix. The term "I-4 mix" shall mean a type of heavy duty asphaltic concrete mix containing 0.75 inch (19 mm) nominal maximum size aggregate with 25% to 50% of the aggregate capable of passing through a No. 8 sieve and in which all sand contained in the mix is crushed.
Reclaimed asphalt pavement. The term "reclaimed asphalt pavement" shall mean asphalt pavement that has been processed for reuse in asphaltic concrete.
Roadway. The term "roadway" shall mean that portion of a street designed, improved or ordinarily used for vehicular travel, exclusive of the shoulder and slope.
Roadway cafe. The term "roadway cafe" shall mean an open-air portion of a ground floor restaurant containing readily removable tables, chairs and other removable decorative items, which is located in the curb lane or parking lane of a roadway fronting the restaurant and is designed and operated pursuant to rules of the department.
Sector. The term "sector" shall mean an area of the city, as determined by the department, where the median annual rent charged for a square foot of a ground floor commercial premises, in accordance with information published by the department of finance pursuant to subdivision h of section 11-3101, is similar.
Sector rate. The term "sector rate" shall mean a dollar amount determined by the department for each sector, based on the median annual rent for a square foot of a ground floor commercial premises in such sector, as determined in accordance with information published by the department of finance pursuant to subdivision h of section 11-3101, or other similar data that the department determines accurately reflects such median annual rent in such sector.
Sidewalk. The term "sidewalk" shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, but not including the curb, intended for the use of pedestrians.
Sidewalk cafe. The term "sidewalk cafe" shall mean a portion of a ground floor restaurant located on a public sidewalk or sidewalk widening fronting the restaurant that is designed and operated pursuant to rules of the department.
Sidewalk widening. The term "sidewalk widening" shall have the same meaning as such term is used in subdivision (f) of section 37-53 of the zoning resolution of the city of New York.
Street. The term "street" has the same meaning ascribed to such term in subdivision 13 of section 1-112 of this code.
(Am. L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104, L.L. 2011/071 and L.L. 2023/121.
Any power granted by this chapter to the commissioner of transportation or the department of transportation related to construction or other work shall be performed by the department of design and construction in accordance with chapter fifty-five of the charter unless otherwise directed by the mayor pursuant to such chapter. Where the commissioner of transportation or the department of transportation is authorized by this chapter to promulgate specifications relating to construction or other work, such promulgation shall be done in consultation with the department of design and construction.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/077.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Affected council member, senator, member of assembly, and community board. The term “affected council member, senator, member of assembly, and community board” means any council member, senator, member of assembly, and community board in whose districts a proposed major transportation project is to be located, in whole or in part.
Affected firehouse. The term “affected firehouse” means any firehouse in whose response area a proposed major transportation project is to be located, in whole or in part.
Bicycle lane. The term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.
Major transportation project. The term “major transportation project” means any project that after construction will alter 4 or more consecutive blocks, or 1,000 consecutive feet of street, whichever is less, involving a major realignment of the roadway, including either removal of a vehicular lane or full time removal of a parking lane or addition of vehicular travel lanes, as well as a project to add or remove a bicycle lane of any length.
b. If an agency of the city other than the department implements a major transportation project, such agency, in lieu of the department, shall provide the notice required by this section.
c. Prior to the implementation of a major transportation project, the department shall forward notice of such project, including a description of such project, to the affected council member, senator, member of assembly, and community board by electronic mail.
d. Within 10 business days after receipt of such notice, or within 20 business days after receipt between June 20 and August 20 of such a notice for a major transportation project for the addition or removal of a bicycle lane: (i) the affected council member, senator, and member of assembly may submit recommendations or comments, or both, on such notice to the department; and (ii) the affected community board may either submit recommendations or comments, or both, on such notice to the department, or request a presentation of the major transportation project plan by the department, or both, which shall be made to the community board within 30 days of such community board’s request, or within 45 days of such community board’s request where such a notice for a major transportation project for the addition or removal of a bicycle lane is received by such community board between June 20 and August 20.
e. Each presentation shall include, at a minimum, the project limits, a description, and a justification of such plan, and a map showing the streets affected by such plan and, within 3 days of such presentation, shall be forwarded to the affected council member, senator, and member of assembly.
f. The department shall consider recommendations or comments, or both, if any, made under the provisions of subdivision d of this section or within 7 days of the presentation to the community board, from the affected council member, senator, member of assembly, and community board, and may incorporate changes, where appropriate, into the plan.
g. The department may implement its plan after it sends an amended plan or notice that it will proceed with its original plan to the affected council member, senator, member of assembly, and community board.
h. Nothing in this section shall be construed to prohibit the department from providing notice of its major transportation projects on its website and to the affected council member, senator, member of assembly, and community board, and other interested parties by other means in addition to those specified in this section.
i. Nothing in this section shall be construed to require the department to provide notification of major transportation projects requiring immediate implementation to preserve public safety.
j. Prior to the implementation of a major transportation project, the department shall consult with the police department, the fire department, the department of small business services, and the mayor's office for people with disabilities. The fire department shall confer with any affected firehouse and submit to the department the specific affected firehouse that was conferred with, any feedback provided by such firehouse, the method by which such firehouse provided feedback, and the date such feedback was provided. The department shall include a certification of the consultations conducted pursuant to this subdivision in the notice required by subdivision c of this section, provided that for the consultation with the fire department, the department 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 feedback was provided.
(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; Am. L.L. 2024/003, 1/6/2024, eff. 1/6/2024; Am. L.L. 2025/006, 1/18/2025, eff. 3/19/2025)
a. For purposes of this section, "affected council member(s), senator(s), member(s) of assembly and community board(s)" and "major transportation project" shall have the same meanings as in section 19-101.2 of this chapter.
b. Not more than eighteen months following the completion of a major transportation project, the department shall submit to the affected council member(s), senator(s), member(s) of assembly and community board(s) and shall post on the department's website the average number of crashes for the three years prior to the commencement of the major transportation project and the year subsequent to the completion of the major transportation project, disaggregated by the streets affected by the major transportation project, and disaggregated further by the number of motorists and/or injured or killed passengers, bicyclists and pedestrians involved.
c. Simultaneous to providing the information required by subdivision b of this section, the department shall provide to the affected council member(s), senator(s), member(s) of assembly and community board(s) and shall post on the department's website other data related to the project including but not limited to speed data, vehicular volume data and vehicular level of service data to the extent such data is relevant to the project. Accompanying such data shall be an explanation of the data, along with the dates and times of the collection of such data, and similar data from prior to the commencement of the major transportation project.
d. The department shall consult with the fire department and the police department regarding the effect a major transportation project has had on emergency vehicles, and shall report the results of such consultations with the information required by subdivisions b and c of this section.
(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. 2011/066.
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