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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.
a. For the purposes of this section, the following terms shall be defined as follows:
1. "Accessible pedestrian signal" shall mean a device that communicates information about pedestrian signal timing in a nonvisual format.
2. "Accessible to people with disabilities" shall mean:
i. A text equivalent for every non-text element is provided;
ii. equivalent alternatives for any multimedia presentation are synchronized with the presentation;
iii. web pages are designed so that all information conveyed with color is also available without color;
iv. documents are organized so they are readable without requiring an associated style sheet;
v. redundant text links are provided for each active region of a server-side image map;
vi. client-side image maps are provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape;
vii. row and column headers are identified for data tables;
viii. markup is used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers;
ix. frames are titled with text that facilitates frame identification and navigation;
x. pages are designed to avoid causing the screen to flicker with a frequency greater than 2 HZ and lower than 55 Hz;
xi. a text-only page, with equivalent information or functionality shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page updates;
xii. when pages utilize scripting languages to display content, or to create interface elements, the information provided by the script is identified with functional text that can be read by assistive technology;
xiii. when pages require that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to that plug-in or applet;
xiv. when electronic forms are designed to be completed on-line the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues;
xv. a method shall be provided that permits users to skip repetitive navigation links; and
xvi. when a timed response is required, the user is alerted and given sufficient time to indicate more time is required.
3. "Bicycle lane" shall mean a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.
4. "Exclusive pedestrian signal" shall mean a pedestrian control signal that allows pedestrians an exclusive interval at which to cross while traffic is stopped in all directions.
5. "Leading pedestrian signal" shall mean a pedestrian control signal that displays a walk indicator before a green indicator of a traffic control signal within the same intersection is displayed.
6. "Major transportation project" shall mean any project that, after construction, will alter four 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(s) or full time removal of a parking lane(s) or addition of vehicular travel lane(s).
7. "Pedestrian plaza" shall mean an area designated by the New York city department of transportation for use as a plaza located within the bed of a roadway, which may contain benches, tables or other facilities for pedestrian use.
b. The department shall post on its website, in a format accessible to people with disabilities:
i. The location of all major transportation projects and all installations or removals of bicycle lanes, pedestrian plazas, leading pedestrian signals, exclusive pedestrian signals and accessible pedestrian signals. Such posting shall be made not less than seventy-two hours prior to the expected completion date of each project, installation or removal.
ii. The location of all major transportation projects subject to section 19-101.2 of this code completed on or after January 1, 2010 and all bicycle lanes, pedestrian plazas, leading pedestrian signals, exclusive pedestrian signals and accessible pedestrian signals in existence on the effective date of this section. Such posting shall be made on or before the effective date of this section, except that all such leading pedestrian signals and exclusive pedestrian signals shall be posted on or before December 31, 2012.
Editor's note: this section has been amended by L.L. 2025/021, 3/15/2025, eff. 5/14/2025 and 3/15/2027 and L.L. 2025/028, 3/15/2025, eff. 5/14/2025 and 3/15/2027.
a. No later than two days prior to resurfacing any street, the department shall, where practicable, notify the police department and the fire department of such resurfacing work. Such notification shall include a description and location of such resurfacing work.
b. Nothing in this section shall be construed to require the department to provide notification of resurfacing work that must be performed immediately in order to address unforeseen issues relating to public safety.
(L.L. 2017/075, 5/10/2017, eff. 9/7/2017)
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.
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