a. The term "works of art" as used in this chapter shall apply to and include all sculptures, paintings, mural decorations, mosaics, stained glass, statues, carvings or castings in high or low relief, inscriptions, monuments, and fountains installed or erected or to be installed or erected upon or over land belonging to the city whether the works of art be the property of the city itself or of an institution, corporation or private individual, and whether intended for ornament, commemoration or actual use.
b. The term "structure" as used in this chapter shall apply to and include all buildings, walks, bridges and viaducts and their approaches, exterior walls, arches, docks, piers, gates, fences, steps, curbing, distinctive pavings, benches, lamps, posts, traffic signals, and signage other than signage guiding, directing or otherwise regulating and controlling traffic erected pursuant to chapter seventy-one of the charter.
c. On request or on its own initiative, the art commission may consult with and advise any such agency as to the suitability of preliminary plans for any work of art under consideration for acquisition or the design or location of any work of art or any structure under consideration for installation or erection in, on or over any property of the city.
d. No work of art shall hereafter become the property of the city by gift or otherwise, or be purchased, commissioned, contracted for, accepted, erected or placed in or upon any public building, or allowed to be placed on or extend into or over any public street, avenue, highway, square, park, dock or pier or other public place belonging to the city, unless such work of art or a design of the same, accompanied by a specification and an estimate of the cost thereof, a plan showing its proposed location, and, if the commission deems it necessary or desirable, also a model, and any other pertinent information as may be required by the commission including a plan in such detail as the commission may require for the maintenance or conservation thereof, shall first have been submitted to the commission by the agency having jurisdiction, and such work of art or the design thereof, its location, and the plan for its maintenance or conservation, shall have been approved in writing by the commission. The commission shall have authority to bar final payment for the purchase or erection of any such work of art if the president or executive director of the commission certifies that the work of art has not been completed substantially in accordance with the approval of the commission.
e. No structure, except as provided in subdivision f or h, shall be erected or placed upon land belonging to the city, and no arch, bridge, structure or approach which is the property of any corporation or private individual shall extend over or upon any street, avenue, highway, park or public place belonging to the city, and no new lines, grades or plotting or layout of public ways and grounds shall be accepted or work in pursuance thereof commenced unless the design thereof, accompanied by an estimate of cost and a plan showing the proposed location, shall have been submitted to the commission and the design, and in the case of a building or other structure its location in relation to existing or projected developments in the vicinity, shall have been approved in writing by it. If exterior wall, fences, gates, steps, curbing, distinctive paving, benches, lamps, posts, signage, traffic signals or other structures of the same type and design are considered for installation at various locations, the commission may approve the type and design with specifications as to the types of location for which they would be approved as suitable without passing on each individual installation. In addition, replacements-in-kind need not be approved by the commission. The commission shall have the authority to bar final payment for such structure, or for such lines, grades or plotting or layout of public ways and grounds if the president or executive director of the commission certifies that the work has not been erected or placed substantially in accordance with the approval of the commission.
f. In the case of any building or other structure that is part of a construction or other project, where the total estimated cost of such project shall not exceed one million dollars, the approval of the commission pursuant to this section shall not be required if the mayor or the council shall in writing request the commission not to act. Nothing in this section shall be construed as intended to impair the concurrent power of the commissioner of parks and recreation to refuse his or her consent to the erection or acceptance of any public monument or memorial or other work of any sort within any park, square or other public place under his jurisdiction.
g. Designs for all works of art or structures intended for temporary use in a fixed location during a period of more than one year, shall be subject to the same forms of procedure as those adopted for permanent use; but the approval of such designs shall be for a period to be determined by the commission, not to exceed three years, after which the commission shall either extend the period or order the removal of the work of art or structure.
h. Notwithstanding any inconsistent provision of this chapter, if an approval of a structure pursuant to subdivision e of this section primarily concerns a landmark, landmark site, landmark interior, an existing building within a scenic landmark, or an action within an historic district, and also requires a report or determination by the landmarks preservation commission pursuant to chapter three of title twenty-five of the administrative code of the city of New York, then, in that event, the powers and duties of the art commission with respect to such structures pursuant to such subdivision e and subdivisions f and g of this section shall instead be exercised by the landmarks preservation commission pursuant to its own rules and procedures. If such commission shall fail to take action upon any matter legally submitted to it within sixty days after such submission, its action shall be deemed unnecessary. Any action taken by such commission pursuant to this subdivision shall be filed with the art commission.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1995/077.