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(a) Sidewalks fronting the entire property must be in good condition, without violations or illegal encroachments, and at least twelve (12) feet wide except for: (1) renewal applications of revocable consents to operate an unenclosed sidewalk cafe which had been approved prior to the effective date of these rules at locations where the sidewalk was less than twelve feet; or (2) an application for a revocable consent to operate an enclosed sidewalk cafe or renewal thereof at a location where the sidewalk is less than twelve (12) feet wide and the enclosed sidewalk cafe continues to occupy the space where its construction was approved pursuant to a previously granted revocable consent.
(b) Sidewalk clearances must always be sufficient to ensure a pedestrian path free of obstructions as specified in subdivision (a) of 6 RCNY § 2-52. A minimum sidewalk width must remain after installation of said improvement. Sidewalk passage clearance must be measured from the improvement to the nearest obstruction directly opposite an intersecting line of pedestrian passage.
(c) Standard adjacent (i.e.: non-pedestrian path) clearances for improvements from the following existing objects are:
Subway Entrance (except flat end)
Sidewalk Cafes (enclosed only)
Bus Stop (with shelter at open end)
Other authorized object (over 15 square feet)
Street Trees (with fencing and guards)
Bicycle rack (including all bicycles)
Benches (only for enclosed cafes)
Subway entrance/bus stop (at closed end)
All other legal street furniture (15 sq. feet or less)
Cellar door (unless closed, locked, and reinforced)
Transformer vaults/subway grates
(d) A petitioner for or a holder of a consent to operate a sidewalk cafe may, at its sole cost, liability and expense, remove a tree guard that obstructs the required minimum free path for pedestrian passage if such tree guard was installed after a completed petition for a consent to operate has been filed with the Department or it has been approved pursuant to this part, provided the petitioner: (1) files with the Department a request for authorization to remove such obstructing tree guard; (2) receives such authorization; (3) submits a copy of the request for such authorization to the local community board; and (4) installs, in a manner that does not obstruct the required free path for pedestrian passage, and maintains pavers and two steel pipe bollards in accordance with the specifications approved by the New York City Department of Parks.