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Section 1302. Waterfront plans.
   a.   No marginal street, bulkhead line, pierhead line or other similar line demarcating the extent of waterfront development may be delineated, established or changed by the commissioner except in accordance with sections one hundred ninety-eight and one hundred ninety-nine of this charter. Any existing waterfront plan containing such lines shall be continued in effect and may similarly be changed only in accordance with sections one hundred ninety-eight and one hundred ninety-nine. The commissioner may apply to the city planning commission to incorporate such existing plans for the water front or any portion thereof into the city map pursuant to the procedure for review and approval of a change to the city map. Any plans for the water front or portions thereof so incorporated shall thereafter be discontinued as separate plans.
   b.   No wharf, pier, bulkhead, basin, dock, slip, marginal street or other structure shall be laid out, built, or rebuilt in the port of New York in the area subject to the jurisdiction of the commissioner except in accordance with such plans as changed from time to time, provided, that the commissioner, with the approval of the council, may from time to time change the width or location of any of the piers laid down on such plans and build or rebuild temporary wharf structures or license or permit the building or rebuilding thereof as may be provided by law.
   c.   The commissioner may widen, open, construct, abandon or close any marginal street or avenue included in such plans and shall maintain the widened portion of such street or avenue, or the new street or avenue as a marginal street, and such new street, or such a widened street to the extent of the portion so widened, shall not be a public street. Before acting under this subdivision, the commissioner shall make a report to the city planning commission including a map showing any proposed change and such other information as the chair of the city planning commission shall require. If the city planning commission makes a finding that the proposed change is in accordance with the water front plan or approves the change, the commissioner may proceed with it, but if the city planning commission makes a finding that it is not in accordance with such plan and disapproves the change, then the commissioner shall not proceed unless the council by a two-thirds vote authorizes the commissioner to proceed. The city planning commission shall act on such change within six weeks from the time when it is filed in the office of the commission and if it does not act within such six weeks period the commissioner may proceed with the change.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1991/061.