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(a) Drainage proposals; when required. Owners proposing to construct a private drain to serve a proposed development shall submit a drainage proposal to the department.
(b) General requirements for the submission of drainage proposals. All drainage proposals shall be prepared by or under the supervision of a professional engineer or registered architect licensed by the State of New York and shall be accompanied by the following information and documentation:
(1) the source, quantity, method of conveyance, and outlet for all stormwater runoff;
(2) the source, quantity, method of conveyance, and outlet for all sanitary flow;
(3) a description of the proposed development to be served by the proposed private drain including a description of the type of all buildings to be constructed or maintained on the proposed development;
(4) a description of the route(s) of the proposed private drains;
(5) all engineering computations performed in accordance with this rule and the department's most recent drainage design criteria;
(6) a letter from the office of the borough president of the county in which the proposed development is located verifying the legal status of all streets involved in the proposed development;
(7) a survey of the proposed development and the location and route(s) of the private drain(s) prepared or updated no more than one year prior to the date of submission of the drainage proposal by a professional land surveyor licensed by the State of New York and prepared in accordance with the requirements of Appendix A-6;
(8) as-built drawings for the existing outlet for the proposed private sewers or private drains. If as-built drawings are not available, then a sewer route survey showing the sewer or drain size, type, material, and invert/rim elevations at the manholes shall be submitted;
(9) boring logs prepared in compliance with Appendix A-8;
(10) a copy of the latest tax map of the proposed development as certified by the city surveyor;
(11) a copy of the portion of the city map and, if applicable, the alteration map, showing all streets shown on the drainage proposal;
(12) a copy of the builder's pavement plan as filed with the city;
(13) a copy of all applicable permits and approvals required by other federal, state, or local laws and regulations including the city's Uniform Land Use Review Procedure (ULURP);
(14) all applicable legal documentation required by this section and 15 RCNY § 23-03(c);
(15) paper prints prepared in accordance with the requirements of Appendix A-2; and
(16) the Department's review fee for drainage proposals in accordance with 15 RCNY § 23-08;
(c) Additional requirements for the submission of drainage proposals and private drain plans involving special conditions. In addition to the requirements of subdivision (b) of this section, owners submitting drainage proposals and private drain plans incorporating any of the following special conditions shall be required to file the additional information and documentation as specified below. Such documentation shall conform to the applicable requirements of 15 RCNY § 23-03.
(1) Use of proposed private sewage treatment plants or proposed private pumping stations in residential districts serving 50 or more dwelling units. Drainage proposals and private drain plans in residential districts where proposed private sanitary drains will discharge into a proposed private sewage treatment plant or a proposed private pumping station which is not owned and operated by the department and serves 50 or more dwelling units shall include the following additional information and documentation:
(i) proof of approval by the Department of City Planning;
(ii) proof of conceptual approval by the Department of Buildings with appropriate conditions and safeguards as prescribed by the Department of City Planning;
(iii) approval from the New York City Department of Health specifying the following for each private sewage treatment plant or private pumping station:
(A) the total number of dwelling units approved;
(B) the number of dwelling units committed with the drainage proposal;
(C) the number of dwelling units committed to other developments; and
(D) the remaining number of uncommitted dwelling units;
(iv) a copy of the initial franchise application as filed with the city for the installation and maintenance of a Private sanitary force main within a finally mapped street where the city has title or an opinion of dedication; and
(v) a properly recorded restrictive declaration executed by the owner creating a homeowners' or condominium association to own, maintain, and operate the private sewage treatment plant or private pumping station.
(vi) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewage treatment plant or private pumping station and all appurtenances thereto;
(vii) security in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller's office guaranteeing the continuous and proper maintenance of the private sewage treatment plant or private pumping station for as long as such sewage treatment plant or pumping station remains in use; and
(viii) the owner's liability insurance in an amount determined by the department in accordance with 15 RCNY § 23-04 certified by the owner's liability insurance company.
(2) Use of existing private sewage treatment plants or existing private pumping stations. Drainage proposals and private drain plans incorporating the use of an existing private sewage treatment plant or an existing private pumping station which is not owned and operated by the department shall include the following additional information and documentation:
(i) a properly recorded consent executed by the owner of the existing private sewage treatment plant or private pumping station granting the owner the right to connect to the existing private sewage treatment plant or private pumping station;
(ii) approval from Department of Health specifying the following for each private sewage treatment plant or private pumping station:
(A) the total number of dwelling units;
(B) the number of committed dwelling units previously connected;
(C) the number of committed dwelling units not yet connected;
(D) the number of dwelling units committed with the drainage proposal; and
(E) the remaining number of uncommitted dwelling units.
(3) Use of private on-site detention basins. Drainage proposals and private drain plans incorporating the use of private on-site detention basins to accommodate both on-site and off-site stormwater runoff shall include the following additional information and documentation:
(i) the delineation of the private on-site detention basin on a separate tax Lot with appropriate provisions that the department determines are necessary for adequate access to the basin and to the piping entering and exiting the basin for maintenance purposes;
(ii) all hydraulic computations related to the design of the private on-site detention basin conforming to the department's most recent private on-site detention basin design criteria;
(iii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private on-site detention basin and all appurtenances thereto;
(iv) security in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller's office guaranteeing the continuous and proper maintenance of the private on-site detention basin for as long as such detention basin remains in use; and
(v) the owner's liability insurance in an amount determined by the department in accordance with 15 RCNY § 23-04 certified by the owner's liability insurance company.
(4) Watercourse diversions. Drainage proposals and private drain plans incorporating watercourse diversions which function as the outlet for the stormwater runoff from the upstream contributory drainage area shall include the following additional information and documentation:
(i) a properly recorded declaration of sewer easement establishing and delineating a sewer easement in favor of the department;
(ii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the watercourse diversion and all appurtenances thereto;
(iii) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller's office guaranteeing the continuous and proper maintenance of the proposed watercourse diversion for as long as such watercourse diversion remains in use; and
(iv) all hydraulic computations relative to the design of the watercourse diversion or piping.
(5) City map changes. Drainage proposals and private sewer or private drain plans incorporating a change or proposed change to the city map shall include the following additional information and documentation:
(i) an alteration map as prepared in conjunction with the application to the Department of City Planning for a mapping action; and
(ii) an amendment to the city drainage plan which shall reflect the new street pattern created by the mapping action.
(a) General requirements for all legal instruments. All legal instruments required by this rule including, but not limited to, affidavits, consents, declarations, agreements, real estate instruments, sureties, bonds, indemnities, and security deposits shall be submitted on the appropriate forms supplied by the department, shall contain original signatures, and shall be properly recorded in the office of the clerk of the county in which the proposed development is located to the extent that recording is required.
(b) General requirements for title reports and title insurance policies. All title reports and title insurance policies required by this rule shall be prepared and written by a title insurance company licensed to do business in the State of New York. All title insurance policies shall name the city as the insured and shall contain a technical description of the metes and bounds of the proposed development and the bed of street areas for which the city has no title or opinion of dedication for public use from the corporation counsel.
(c) Additional legal documentation requirements for drainage proposals or private sewer plans relating to the status of streets. In addition to the requirements of 15 RCNY § 23-02, owners submitting drainage proposals or private sewer plans relating to the status of streets shall file the additional information and legal documentation as specified below.
(1) Owners proposing to construct a private sewer or private drain in a city-owned street shall also submit a letter from the office of the appropriate borough president verifying that title to the street in which a private sewer or private drain is to be constructed has vested in the city.
(2) Owners proposing to construct a private sewer or private drain in a finally mapped street owned by the owner shall also submit the following:
(i) a title report verifying the owner's ownership of the subject street(s);
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner's right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan; and
(iii) a properly recorded declaration of public use-irrevocable street opening irrevocably opening the street(s) for public use.
(3) Owners proposing to construct a private sewer or private drain in finally mapped or record street(s) owned by others shall also submit the following:
(i) a title report verifying the ownership of the subject streets;
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner's right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) either:
(A) a properly recorded sewer easement agreement establishing and delineating a sewer easement in favor of the owner; or
(B) a properly recorded declaration of public use-irrevocable street opening irrevocably opening the street(s) for public use;
(iv) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain if the street is not to be continuously opened for public use; and
(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 if the street is not to be continuously opened for public use.
(4) Owners proposing to construct a private sewer or private drain in finally mapped or record street(s) of unknown ownership shall also submit the following:
(i) a title report verifying that the finally mapped or subject streets are of unknown ownership;
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner's right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain if the street is not to be continuously opened for public use; and
(iv) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 if the street is not to be continuously opened for public use.
(5) Owners proposing to construct a private sewer or private drain part of which will traverse the owner's property shall also submit the following:
(i) a title report verifying the ownership of the subject property;
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner's right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) a properly recorded declaration of sewer easement establishing and delineating a sewer easement in favor of the department;
(iv) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain and all appurtenances thereto; and
(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 guaranteeing the continuous and proper maintenance of the proposed private sewer or private drain for as long as such private sewer or private drain remains in use.
(6) Owners proposing to construct a private sewer or private drain part of which will traverse property of another shall also submit the following:
(i) a title report verifying the ownership of the subject property and/or street(s);
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner's right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) a properly recorded sewer easement agreement granting the owner the right to construct the proposed private sewer or private drain;
(iv) a properly recorded declaration of maintenance obligating the owner and successors-in-interest to maintain the private sewer or private drain and all appurtenances thereto; and
(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 guaranteeing the continuous and proper maintenance of the proposed private sewer or private drain for as long as such private sewer or private drain remains in use.
(7) Owners proposing to construct a private sewer or private drain in a Record street which is not a finally mapped street shall submit all documents required by paragraphs (3) or (4) of this section and a certified copy of a variance issued by the Board of Standards and Appeals for proposed construction on lots not fronting a finally mapped street or a determination from the Department of Buildings that no such variance is required.
(a) General requirements.
(1) Duty to continuously maintain required insurance. No person may voluntarily cancel, terminate, modify, or allow to expire or lapse any insurance required by this rule without the prior express written consent of the department and presentation of proof that comparable continuous coverage, as determined by the department, has been secured from another insurer meeting the requirements of this rule. The owner shall present certificates of insurance evidencing continuation of insurance coverage as required by this rule no less than 30 days in advance of the date of cancellation, termination, or expiration of the existing insurance.
(2) Proof of insurance. Proof of insurance as required by this rule shall be made by presentation of a certificate of insurance issued directly by the insurer to the appropriate department borough records office specifying the named insured, the effective dates of each policy, the limits of each policy, the coverage afforded by each policy, and the name and address of the broker and agency for each policy.
(b) Insurance and indemnity requirements for private sewer or private drain construction.
(1) Indemnity. The following indemnity shall apply without exception or modification as a precondition to the department's approval of any private sewer or private drain construction permit or the relocation of an existing sewer. All indemnities required by this section shall provide exactly as follows: "If the persons or property of the city or of others sustain loss, damage or injury resulting from the intentional or negligent acts or omissions of the owner or his or her employees, subcontractors, or agents in the performance of construction of the private sewer or private drain, or from his or their failure to comply with the provisions of local laws or of the permit, then the owner shall indemnify, defend, and hold the city harmless from any and all claims and judgements for damages, fees, costs, and expenses to which the city may be subjected or which it may suffer or incur by reason thereof".
(2) General liability insurance. As a precondition to the department's approval of an application for a private sewer or private drain construction permit or the relocation of an existing sewer, the owner shall obtain and maintain general liability insurance from a company authorized to write commercial general liability insurance in the State of New York. The required general liability insurance shall:
(i) have the following coverage provisions:
(A) premises and operations;
(B) products/completed operations;
(C) independent contractors;
(D) collapse, explosion and underground hazards; and
(E) deletion of railroad property damage exclusions, where applicable;
(ii) be maintained by the Owner, his or her heirs, successors, assigns, and transferees until title to the private sewer or private drain has been vested in the city. For the relocation of existing sewers, the insurance shall be maintained as required herein for a period of one year from the date of final inspection and approval by the department;
(iii) be equivalent to the most recent version of the Insurance Services Offices' comprehensive general liability form GC-00-01 or equivalent, and shall provide not less than $1,000,000 per occurrence in bodily injury and property damage combined, $1,000,000 products completed operations and not less than $2,000,000 general aggregate per policy year. Excavations in central business districts shall be subject to a required limit of $3,000,000 per occurrence, $3,000,000 products/completed operations, and $6,000,000 general aggregate. The department shall be named as the insured on form CG-20-13 or equivalent;
(iv) expire no sooner than one year after the date of the private sewer or private drain construction permit application and shall name as insured the owner as identified on the private sewer or private drain construction permit application or approval and the title evidenced in connection herewith; and
(v) be endorsed to provide not less than sixty days advance notice by the insurance company or its agents to the department of any cancellation, termination, expiration, or modification of the policy. The endorsement shall give the name, title, and proper mailing address of the person in the appropriate department borough records office responsible for oversight of insurance and indemnity requirements.
(3) Insurance of subcontractors. The owner shall require that all subcontractors performing work pursuant to a private sewer or private drain construction permit obtain and maintain general liability insurance as required by paragraph (b)(2) of this section and naming the department as the insured. Proof of subcontractor insurance coverage shall be made as required by paragraph (a)(2) of this section.
(c) Insurance and indemnity requirements for drainage proposals incorporating special conditions.
(1) Required indemnity. The following indemnity shall apply without exception or modification as a precondition to the department's approval of any drainage proposal incorporating such special conditions as the use of a private on-site detention basin, private pumping station, or private sewage treatment plant. All indemnities required by this subdivision shall provide exactly as follows: "If the persons or property of the city or of others sustain loss, damage or injury resulting from the intentional or negligent acts or omissions of the owner or his or her employees, subcontractors, or agents by the operation, maintenance, or use of a private on-site detention basin, private sewage treatment plant, or a private pumping station, or their failure to comply with the provisions of local law or of the permit, then the owner shall indemnify, defend, and hold the city harmless from any and all claims and judgements for damages, fees, costs, and expenses to which the city may be subjected or which it may suffer or incur by reason thereof".
(2) Insurance. As a precondition to the department's approval of drainage proposals and private drain plans incorporating the use of a private on-site detention basin, a private pumping station, or a private sewage treatment plant, the owner shall obtain and maintain a liability insurance policy in an amount determined by the department in accordance with this section insuring the city against any damages that may be sustained by virtue of the operation, maintenance, use or failure thereof of the private on-site detention basin, a private pumping station, or a private sewage treatment plant.
(d) Duty to maintain and security for the maintenance of private sewers or private drains.
(1) When required. The owner of a private sewer or private drain constructed in an unopened record or a finally mapped street to which the city does not have title, an opinion of dedication, or in a sewer easement within the boundaries of the proposed development where access to the public is regulated by the owner thereof, shall maintain the private sewer or private drain and appurtenances thereto in good working order at all times for as long as such maintenance obligation remains in effect. The owner shall further post a security deposit in a form acceptable to the comptroller in an amount determined by the department in accordance with this rule for the purpose of guaranteeing the proper and continuous maintenance of the private sewer or private drain and appurtenances thereto.
(2) Duration of security. The security shall remain on deposit with the comptroller until such time as the city acquires title to the streets or sewer easements wherein the private sewer or private drain and appurtenances thereto are located or until such time as the private sewer or private drain is no longer needed due to construction of city drainage plan sewers by the department according to the department's capital sewer construction program schedule.
(e) Determination of the dollar amount of title insurance, security deposits, and performance or maintenance bonds. The department shall determine the required dollar amount of title insurance, security deposits, and performance or maintenance bonds required by this rule as follows:
(1) the dollar amount of the title insurance policy shall be determined on the basis of the following information and documentation submitted by the applicant:
(i) a current tax map showing all the tax blocks and Lots involved in the proposed development;
(ii) the area and assessed valuations of each lot, land only, fronting the proposed private sewers or private drains;
(iii) the schematic layout of the proposed pipes in the streets or sewer easements indicating the length of the pipes; and
(iv) the dimensions and total area of the streets and/or sewer easements to be covered by the title insurance policy.
(2) The dollar amount of security deposits required by this rule shall be equal to the linear footage of the private sewer or private drain multiplied by seven, provided, however, that in no event shall the total amount of the required security deposit be less than five thousand dollars. The department may increase the required amount of security deposit in situations involving special conditions as outlined in 15 RCNY § 23-02(c). All maintenance securities shall be deposited with the comptroller's office and shall be in a form acceptable to the comptroller.
(3) The dollar amount of performance and maintenance bonds shall be an amount that is equal to the cost of construction, as determined by the department, of the proposed private sewers or private drains.
(f) Accident reporting. The owner, applicant, supervising professional engineer or registered architect, or any other person who knows or has reason to know of any accident occurring in connection with any operations related to the construction of a private sewer or private drain and appurtenances thereto, or the relocation of an existing sewer shall make immediate written notice to the department. Such report shall be made whether or not a claim has been or may be made by or against any party to the accident or occurrence causing property damage or bodily injury.
(a) Standard for approval of drainage proposals. The department shall approve drainage proposals or drainage proposal revisions only after the department has determined that such drainage proposals or drainage proposal revisions are complete and are in full compliance with all standards, requirements, and provisions of this rule and the department's most recent design criteria.
(b) Duration of approval. The department's approval of a drainage proposal or a drainage proposal revision shall be valid for a period of three years from the date of the department's written approval. The department may, upon written request made by an applicant prior to the expiration date of an approved drainage proposal, extend, without charge, the approval for a one-time sixty day period. An applicant shall be required to submit a new drainage proposal for review and approval if the approved drainage proposal expires before the applicant has obtained the department's approval of his or her private sewer or private drain plan.
(c) Status letter. An applicant may request the department to issue a letter to Department of Buildings regarding the status of the proposed private drain provided that the applicant has an approved drainage proposal and has posted all insurance, indemnities, performance and maintenance bonds, and security deposits required by this rule.
(d) Revisions. An approved drainage proposal may only be revised subject to the department's approval. The following non-exclusive list of changes to an approved drainage proposal render the approved drainage proposal null and void and require the submission of a drainage proposal revision with the applicable review fee:
(1) a change to the type or kind of the proposed development;
(2) a change to the point of sanitary or storm water discharge from the site;
(3) the addition or deletion of property in the proposed development resulting in a corresponding change to the proposed private drain;
(4) a change in the alignment of the proposed piping which does or may result in a change in the hydraulic design of the proposed private drain; or
(5) a change in the location of a proposed private on-site detention basin facility.
(e) Revocation of drainage proposal approval. The department shall revoke its approval of a drainage proposal at any time if it determines that:
(1) any of the information or documentation submitted in support of the drainage proposal is false, inaccurate, or misleading;
(2) the approved drainage proposal fails to include adequate provisions for existing conditions that come to the attention of the department after it has approved a drainage proposal; or
(3) the applicant has made any of the changes listed in paragraph (d) of this section without prior written approval of the department.
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