§ 2-05 Construction Activity.

(a) Initial permit application. Public utilities or franchisees must apply for permits under their corporate name and not their sub-contractors' name. The following information shall be provided to the Department upon initial application for a permit under these rules and shall be updated as necessary and refiled annually:

(1) If the applicant is a corporation, limited liability corporation, limited liability partnership or other entity registered with the New York Secretary of State:

(i) address and telephone number of applicant;

(ii) name and telephone number of a contact person in the event of an emergency;

(iii) affidavit acknowledging incorporation and a certified copy of the certificate of incorporation, and proof of registration with the New York State Department of State, Office of the Secretary of State. When completing the permit application, applicants must supply the Department with the identical identifying information, including but not limited to the company name, as they have provided to the New York State Department of State, Office of the Secretary of State;

(iv) names of corporate officers;

(v) names of two agents/employees designated to receive summonses or notices of violation or other notices required by these rules or other provisions of law;

(vi) New York City plumber's license certificate or other license numbers, if applicable;

(vii) name(s) of representative(s) authorized to obtain permit(s) on behalf of the applicant;

(viii) employer identification number;

(ix) e-mail address, if any; and

(x) insurance information, as set forth in subparagraphs (i) through (viii) of paragraph 3 of subdivision (a).

(2) All other applicants:

(i) address and telephone number of applicant;

(ii) name(s) of representative(s) authorized to obtain permit(s) on behalf of the applicant;

(iii) New York City plumber's license certificate or other license numbers, if applicable;

(iv) employer identification number;

(v) e-mail address, if any;

(vi) names of two agents/employees designated to receive summonses or notices of violation or other notices required by these rules or other provisions of law; and

(vii) insurance information, as set forth in subparagraphs (i) through (viii) of paragraph 3 of subdivision (a).

(3) Insurance and indemnification requirements (for all applicants):

(i) Each applicant shall, before applying for a permit, obtain a Commercial General Liability (CGL) insurance policy or policies satisfying the requirements of this subparagraph and any self-insured or uninsured entity must provide coverage that satisfies the requirements of this subparagraph. All coverage, whether a CGL policy or as provided by a self-insured or uninsured entity must:

(A) be issued by a company or companies that may lawfully issue the required policy and has an A.M. Best rating of at least A-7, a Standard and Poor's rating of at least A, a Moody's Investor's Service rating of at least A3, a Fitch Ratings rating of at least A-, or a similar rating by any other nationally recognized statistical rating organization acceptable to the New York City Law Department unless prior written approval is obtained from the New York City Law Department;

(B) provide coverage to protect the City of New York ("City"), and its officials and employees, and the applicant from claims for property damage and/or bodily injury, including death, which may, pursuant to a permit to be issued by the Department, including but not limited to a street opening permit, arise from any operations performed by or on behalf of the applicant, whether at, above, or below the surface of the street(s);

(D) provide coverage for completed operations;

(E) provide coverage of at least $1,000,000 per occurrence and in the aggregate, with a products-completed operations aggregate of at least $1,000,000, except that with respect to applications for permits to place a crane on a street, such minimum amount shall be no less than $3,000,000 per occurrence and in the aggregate, with a products-completed operations aggregate of at least $3,000,000;

(F) provide that the City and its officials and employees are Additional Insureds with coverage at least as broad as set forth in the most recent editions of ISO Form CG 20 26 and CG 20 37;

(G) provide that the limit of coverage applicable to the Named Insured is equally applicable to the City and its officials and employees as Additional Insureds.

(H) This policy shall not be cancelled or terminated, or modified or changed in a way that affects the City or its officials or employees by the issuing insurance company unless thirty (30) days prior written notice is sent to the Named Insured and the Commissioner of the New York City Department of Transportation, except that notice of termination for non-payment may be made on only ten (10) days written notice.

(I) If the permit applicant has applied for more than one thousand permits in the previous calendar year, the insurance policy shall contain each of the following endorsements:

(1) If and insofar as knowledge of an "occurrence", "claim", or "suit" is relevant to the City as Additional Insured under this policy, such knowledge by an agent, servant, official or employee of the City of New York will not be considered knowledge on the part of the City of the "occurrence", "claim", or "suit" unless notice thereof is received by the: Insurance Claims Specialist, Affirmative Litigation Division, New York City Law Department; and

(2) Any notice, demand or other writing by or on behalf of the Named Insured to the insurance company shall also be deemed to be a notice, demand or other writing on behalf of the City and its officials and employees as Additional Insureds. Any response by the Insurance Company to such notice, demand or other writing shall be addressed to the Named Insured and to the City and its officials and employees at the following address: Insurance Claims Specialist, Affirmative Litigation Division, New York City Law Department, 100 Church Street, New York, New York 10007.

(ii) Each applicant shall, before applying for a permit, obtain Workers Compensation insurance in accordance with the laws of the State of New York from a licensed insurance company.

(iii) Each applicant shall, before applying for a permit, file with the Department proof that the applicant has insurance in place that provides coverage set forth in this subdivision with respect to the permit period. If the applicant chooses to meet this proof with an insurance certificate, the insurance certificate shall set forth the coverage provided, state that completed operations coverage is included and that the City is an additional insured, and shall be accompanied by a sworn statement in a form prescribed by the Department from the insurer or from a licensed insurance broker certifying that the insurance certificate is accurate in all material respects, and that the described insurance is in effect.

(iv) An applicant may obtain insurance policies applicable to more than one permit application, in which case the proof pursuant to subparagraph (iii) shall state that the policies cover all such permits in specified boroughs, or throughout the City.

(v) The applicant shall provide a copy of any required policy within thirty days of a request for such policy by the Department or the New York City Law Department.

(vi) In its sole discretion, the Department may allow applicants that frequently seek permits to self-insure, provided that the applicant:

(A) presents proof of excess or umbrella CGL coverage applicable to its operations under such permits;

(B) certifies that it has a self-insurance program in place that satisfies the requirements contained in subparagraph (i) of this paragraph (3) and will continue it for the life of the permit and the Guarantee Period, as defined in subparagraph (ii) of paragraph (16) of subdivision (e) of 34 RCNY § 2-11;

(C) agrees to provide the same defense of any suit against the City and its officials and employees that alleges facts that bring the suit within the scope of the coverage required in subparagraph (i) as an insurer would be obligated to provide under the laws of New York;

(D) submits a statement, signed by a person authorized to bind the applicant and acknowledged by a notary public, in which the applicant agrees to assume full liability for satisfying all obligations set forth in this subparagraph (vi), and

(E) provides the Department with the name and address of the office or official of its self-insurance program who is responsible for satisfying the self insurance obligations.

(vii) The permittee shall maintain insurance throughout the Guarantee Period, as defined in subparagraph (ii) of paragraph (16) of subdivision (e) of 34 RCNY § 2-11, satisfying the requirements in subparagraph (i) of this paragraph (3) and providing coverage to protect the City and its officials and employees, the Department and the applicant from all claims for property damage and/or bodily injury, including death, which may arise from any defects discovered during such Guarantee Period.

(viii) The permittee shall notify in writing the CGL insurance carrier, and, where applicable, the worker's compensation and/or other insurance carrier, of any loss, damage, injury, or accident, and any claim or suit arising from any operations performed by or on behalf of the permittee for which the Department has issued it a permit, immediately, but not later than 20 days after such event. The permittee's notice to the CGL insurance carrier must expressly specify that "this notice is being given on behalf of the City of New York as Additional Insured as well as the Named Insured." The permittee's notice to the insurance carrier shall contain the following information: the name of the permittee, the number of the permittee, the date of the occurrence, the location (street address and borough) of the occurrence, and the identity of the persons or things injured, damaged or lost.

(ix) The permittee shall indemnify, defend and hold the City and its officials and employees harmless against any and all claims, liens, demands, judgments, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature (including, without limitation, attorneys' fees and disbursements), known or unknown, contingent or otherwise, allegedly arising out of or in any way related to the operations of the permittee and/or its failure to comply with any of the requirements set forth herein or law. Insofar as the facts and law relating to any claim would preclude the City and its officials and employees from being completely indemnified by the permittee, the City and its officials and employees shall be partially indemnified by the permittee to the fullest extent provided by law.

(x) A failure by the City of New York or the Department to enforce any of the foregoing requirements shall not constitute a waiver of such requirement or any other requirement.

(xi) The applicant shall submit to the department proof of its insurance on fully-executed ACORD 25 and ACORD 855 forms, or equivalent forms containing the same information, regarding applicant’s insurance.

(4) Permit bonds.

(i) A permit bond shall be submitted by all permittees to the permit office at the time of permit issuance to cover all costs and expenses that may be incurred by the City as a result of the activity for which the permit is issued or for the purpose of otherwise safeguarding the interests of the City. The permit bond shall be in the form prescribed by the Department. Such permit bonds described above shall cover all permitted activities described herein.

(ii) For a permit bond submitted for the purpose of performing street openings and excavations pursuant to 34 RCNY § 2-11, such permit bond shall be submitted in the amount of $10,000.00 for a single location within the City of New York per calendar year, $50,000.00 for two to fifty locations within the City of New York per calendar year, and $100,000.00 for fifty-one to one hundred locations within the City of New York per calendar year. Permittees who are issued permits for more than one hundred locations per calendar year shall submit a permit bond in the amount of $250,000.00.

(iii) Bonds shall be valid through the permit's guarantee period as set forth in these rules.

(iv) The issuer of the bond shall give the Department at least 30 days written notice prior to expiration or cancellation of such bond.

(v) A receipt demonstrating full payment of the bond shall be filed with the Department.

(vi) A separate bond need not be filed for each location, provided such coverage is in force for all operations in the entire borough, City or state.

(vii) A notice of continuation of certificate shall be received every calendar year for the continuation of an existing bond.

(viii) For permits with the exception of those set forth in subparagraph (ii) above and sidewalk construction permits issued pursuant to 34 RCNY § 2-09, a permit bond shall be submitted in the amount of $5,000 for a single location within the City of New York per calendar year or in the amount of $25,000 for multiple locations within the City of New York per calendar year. In the event that a permittee will also secure street opening and excavation permits within the City of New York during the same calendar year, the permittee's compliance with subparagraph (ii) above shall be sufficient to demonstrate compliance with this section.

(5) Deposits.

(i) A deposit of $5,000.00, in the form of money order or certified check, shall be required from permittees when outstanding balances for permit fees, backcharge fees, corrective action requests (CARs) or other charges exceed $3,000.00 for a period longer than forty-five (45) calendar days.

(ii) Such permittees shall maintain a deposit balance of $5,000.00 at all times until the deposit is refunded pursuant to subparagraph (iv), below. If the balance of such cash deposit falls below $5,000.00, all review of permit applications and permit issuance may cease, except in cases of emergency work.

(iii) Any amounts owed by permittees for permit fees, CAR fees, backcharge fees or other charges payable pursuant to law for a period longer than forty-five (45) calendar days shall be deducted from the deposit after notice to the permittee.

(iv) Deposits shall be refunded after one year (365 consecutive calendar days) of full compliance with all applicable laws, rules and specifications.

(b) General conditions for all permits.

(1) Permit applications for the following work shall be reviewed by OCMC prior to the issuance of permits:

(i) work to be performed for sewer and water system construction;

(ii) work to be performed in Manhattan;

(iii) work required on primary and secondary arteries;

(iv) permits to close streets;

(v) any other activity deemed necessary by the Commissioner.

(2) Permits for emergency work. Permits for emergency work shall be issued in accordance with 34 RCNY § 2-11.

(3) Before issuing a permit the Department may demand that permittee show proof of required approvals from other governmental entities.

(4) Street closings lasting more than 180 days. Permits that will result in a publicly mapped street being fully closed for more than 180 consecutive calendar days shall be issued in accordance with all the requirements of 34 RCNY § 2-16.

(1) Unless otherwise authorized, permits shall be kept at the work site or designated field headquarters at all times and shall be made available for inspection upon request of any police officer or any authorized employee of the Departments of Environmental Protection, Buildings, Police and Transportation or any other City employees specifically authorized by the Commissioner to enforce these rules. Such permits cannot be posted on construction fences, sidewalk sheds, construction containers or any other construction equipment.

(2) Signage along a single street excavation, a series of excavations or trenches.

(i) Permittees must post signs at any single street excavation or trench and/or at every 25-foot interval for a series of street excavations or trenches, indicating the following:

(A) the name of the permittee conducting the work;

(B) the name of the entity for whom the work is being conducted;

(D) the permittee's telephone number for complaints;

(E) the contractor's telephone number, if not the permittee;

(F) the permit number;

(G) the purpose of the excavation or street opening; and

(H) the start and scheduled completion dates of the work.

(ii) Such signs must be conspicuously displayed and face the nearest curb line. Such signs must be easily visible and readable by pedestrians, and must conform to the Department's requirements.

(3) Construction Project Informational Signs. Permittees must post Construction Project Informational Signs for any project with a projected completion time of three months or more, or as otherwise directed by the Commissioner.

(i) At least one Construction Project Informational Sign must be posted on each block segment where the project is located, and must be easily visible and readable by pedestrians, unless otherwise directed by the Commissioner. The sign(s) must be kept in good condition, and must conform with the Construction Project Informational Sign requirements available at the Department's Permit Offices and on the Department's website.

(ii) Such signs must contain the following information:

(A) the names of the entities responsible for the project, including but not limited to the contractor, developer, and property owner;

(B) the telephone number, email address, and website for such entities responsible for the project;

(D) the address of the project;

(E) the nature of the project;

(F) a brief description of the project; and

(G) the start and scheduled completion dates of the project.

(iii) Construction Project Informational Signs are not required for any construction or demolition project requiring a New York City Department of Buildings permit and whose site is enclosed with a fence or contains a sidewalk shed. Such signs must comply with the applicable requirements of the New York City Building Code and the rules of the New York City Department of Buildings.

(4) Permittees' identification numbers on temporary signs. Permittees must affix their Department issued five-digit identification number using a waterproof label or sticker on all temporary signs, including but not limited to temporary construction, raised plow, parking or regulatory signs. The lettering must be in Arial font black ink, 3/4 inch in height and width, placed at the lower right-hand corner of the front and the lower left and right-hand corner of the back of the sign as shown below. The labels/stickers must be visible/legible at all times. Permittees must replace any worn out or faded labels/stickers.

(d) Corrective action request (CAR).

(1) A CAR may be served by mail and/or by e-mail on the person responsible for the work and/or the condition which requires correction at his or her last known address, e-mail address or at the address or e-mail address for such person contained in the records of the Department. Where a CAR is served for a violation of § 19-147 of the Administrative Code, in the case of a utility company, the CAR may be given orally or in writing to a person or at a place designated by the utility and the utility shall respond within twenty-four (24) hours.

(2) Any corrective action required by the CAR shall be performed within thirty (30) days of the issuance of the CAR unless such issuance is protested as provided herein. Entities must obtain the required permit as noted on the CAR prior to performing the corrective action. Failure to obtain such a permit may result in a violation and the CAR will remain open until all conditions are satisfied.

(3) Within fourteen (14) days after the date of mailing of the CAR, the respondent may protest the issuance of the CAR in the manner directed on the CAR. If the respondent fails to timely protest the CAR and the Department issues a summons for an uncorrected condition, the respondent may be issued a summons for failing to respond to the CAR in a timely manner. If a protest is timely submitted and granted by the Department, the CAR fee will be waived.

(4) Protests shall be reviewed by the Department and a final determination regarding the protest shall be made within a reasonable period of time.

(5) If a protest is denied, any corrective action required by the CAR shall be performed within thirty (30) days after the date of such denial.

(6) In the event that the original permit has expired before the corrective action is undertaken, a new permit, as noted on the CAR, shall be obtained in order to complete the required work. The new permit shall not affect the guarantee period, which will relate back to the original permit.

(7) Where a CAR relates to a violation of § 19-147 of the Administrative Code and no corrective action is taken within the applicable time or where an imminent danger to life or safety exists, the Department may perform the work required by a CAR or the work necessary to avert the danger and charge the cost to the person responsible for restoring, replacing or maintaining the pavement, sidewalk, curb, gutter or street hardware in accordance with such section.

(8) Notwithstanding the above, where a condition exists that creates an imminent danger to pedestrians or vehicles, the Department may issue a priority CAR, which shall require corrective action to be taken within three (3) hours of issuance of the CAR by telephone call. The Department may also issue a priority CAR via email requiring corrective action to be taken within three (3) hours of issuance; however, should a priority CAR be issued via email, a follow-up telephone call must also be placed to the permittee.

(9) In the event that a CAR is issued within the guarantee period, the corrective action shall still be taken even after the expiration of the guarantee period.

(e) Orders.

(1) Except as otherwise provided by these rules or other applicable law, any orders issued by the Commissioner may be served personally or by mail addressed to the last known address of the person to whom the order is directed or to the address for such person set forth in the records of the Department or by delivery or mailing to a person or a location designated by the person to whom the order is directed.

(2) Except as otherwise provided by these rules, a person to whom an order is directed shall have an opportunity to be heard within five business days after a timely request for such opportunity is received by the Department. A request shall be made within the time and in the manner directed on the order. If, after considering the written objections of the respondent, the Commissioner affirms the order, the work required by the order shall be completed within 30 days after notice of such determination is mailed to the respondent.

(3) Notwithstanding the foregoing provisions, an order to cease and desist may be given orally or in writing to the persons executing the work and shall require immediate compliance therewith.

(4) In accordance with § 19-151 of the Administrative Code where a respondent fails to comply with an order issued by the Commissioner, including an order to cease and desist, within the applicable time, the Commissioner may execute the work required to be executed in such order. All costs and expenses of the City for such work may be recovered from the persons who are found to be liable for the violation.

(5) In addition, failure to comply with an order issued by the Commissioner may result in criminal or civil penalties in accordance with § 19-149 or 19-150 of the Administrative Code.

(f) Fees.

(1) The fees for permits and CARs are specified in 34 RCNY § 2-03.

(2) Permits shall be valid for fifteen calendar days, unless otherwise specified on the permit. Permits may be extended for 14 days upon presentation of proof that circumstances beyond the permittee's control caused a delay in the work and payment of an additional fee. In the event a permittee fails to complete the work within the time period specified in the permit, another permit may be issued for a period of time to be specified by the Commissioner. There shall be a separate permit fee for each such additional permit.

(3) Payment of all fees shall be received upon application for the permit or, where applicable, no later than thirty calendar days after the billing date.

(g) Notice of street operations.

(1) Permittees and owners of underground facilities shall comply with state Industrial Code Rule No. 53 relating to Construction, Excavation and Demolition Operations at or Near Underground Facilities.

(2) Permittees shall notify the Police Department and the communications center of the Fire Department of all construction activities requiring street closing at least twenty-four hours in advance of the commencement of non-emergency work.

(3) In the event that any non-emergency construction work results in the closing of

(i) more than two-thirds (2/3) of the moving lanes per direction on any street for more than 15 minutes per hour between the hours of 1 a.m. and 5 a.m., or

(ii) half (50%) or more of the moving lanes per direction on any street or limited access roadway, for a duration of more than four minutes or two traffic light cycles of the nearest traffic signal, whichever is less, during all other hours, the permittee shall post at the site of the closing a public notification seven (7) calendar days prior to such closing in a manner directed by OCMC.

(4) Underground facility owners will be responsible for any surface defects caused by their facility underneath the roadway.

(h) Work site safety. All obstructions on the street shall be protected by barricades, fencing, railing with flags, lights, and/or signs, placed at proper intervals and at prescribed hours pursuant to 34 RCNY § 2-01.1. During twilight hours the flags shall be replaced with amber lights. Permittees shall also comply with any additional work site safety requirements set forth in these rules or in the permit.

(i) Waivers.

(1) Except where expressly prohibited by law, the Commissioner may, in his/her discretion, waive or modify these rules, in the interests of public safety and convenience.

(2) Requests for waivers shall be submitted in writing to the Commissioner.

(j) Suspension of application review. The Commissioner may suspend review of applications for permits pending:

(1) 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,

(2) payment by an applicant of outstanding fees or other charges lawfully assessed by the Commissioner against such applicant pursuant to these rules or other applicable law and/or

(3) satisfactory compliance by an applicant with a CAR or order issued by the Commissioner.

(k) Permit revocation and refusal to renew permit.

(1) The Commissioner may, after giving the permittee notice and an opportunity to be heard, revoke or refuse to renew a permit:

(i) for failure to comply with the terms or conditions of such permit, these rules or other applicable law in carrying out the activity for which the permit was issued;

(ii) 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

(iii) whenever a permit has been issued in error and the conditions are such that the permit should not have been issued.

(2) Prior to taking any of the actions listed in paragraph (1) above, the Commissioner shall give the permittee an opportunity to be heard upon not less than two days notice.

(3) Notwithstanding any inconsistent provision of paragraph (2) above, 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. Upon request of the permittee, the Commissioner shall afford the permittee an opportunity to present his or her objections to such action within five days after such request is received by the Department.

(l) Refusal to issue permit. The Commissioner may refuse to issue a permit to an applicant:

(1) who has exhibited a pattern of disregard for the rules or orders of the Department or the terms or conditions of permits issued by the Department or for other applicable law,

(2) who has been found liable by a court or in a proceeding before the environmental control board of a violation of a rule or order of the Department or the terms or conditions of a permit issued by the Department or other applicable law, which violation caused an imminent peril to life or property.

(m) Embargo periods.

(1) All routine work shall be suspended during an embargo period unless approval for the work is granted by OCMC. Such suspension shall not apply to emergency work, for which an emergency number shall be obtained by the permittee pursuant to the provisions of 34 RCNY §§ 2-07 and 2-11. Information regarding embargo periods is on file at each borough permit office and is available upon request. It is the responsibility of each permittee to obtain such information prior to the commencement of any work. It shall be a violation of these rules to do any work on the street during an embargo period without the prior approval of OCMC or an emergency number.

(2) A request for approval to work during an embargo shall be submitted on a form provided by the Commissioner, along with a fee as specified in 34 RCNY § 2-03. Payment of the application fee shall not guarantee that approval to work during the embargo period will be granted and application fee is in addition to any required permit fees.

(n) Voiding and reissuing of permits. Permits may be voided and reissued only within three business days of issuance. See 34 RCNY § 2-03 for the fee for reissuance. Permits reissued after three business days shall be subject to the full permit fee.

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 7/20/2022, eff. 8/19/2022; amended City Record 6/26/2023, eff. 7/26/2023)

§ 2-03 Schedule of Fees.

All fees shall be paid in accordance with the following fee schedule:

Permit or Activity	Fee	Other Charges	Maximum Duration per Permit	Maximum Distance per Permit	Maximum Width per Permit
Street Opening Permits – General:
Normal street	$135.00		15 days	300 linear ft. (lin. ft.)	12 feet
Protected street	$135.00	$245.00 inspection fee	15 days	300 lin. ft.	12 feet
Emergency work	$45.00		2 business days	300 lin. ft.	12 feet
Specific Types of Street Opening Permits:
Open sidewalk to install foundation	$135.00		30 days	300 lin. ft.	sidewalk (SW) width
Major installations – electric conduit	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Major installations – gas pipe	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Major installations – steam pipe	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Major installations – telephone line	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Transformer vault-in roadway	$135.00, $380.00 protected street		15 days to 30 days	300 lin. ft.	variable
Transformer vault-in sidewalk	$135.00		15 days to 30 days	300 lin. ft.	SW width
Installation and/or Removal of poles	$135.00		30 days	2 sw flags	SW width
Major installations – water	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Major installations – cable	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Major installations – sewer	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	12 feet
Rapid transit construct/alteration	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	300 lin. ft.	Variable or SW width
Installation of public telephone stanchion	$135.00		30 days	Not Applicable	SW width
Installation of newsstand	$135.00		30 days	As per approved plans	As per approved plans
Repair water connections/mains	$135.00, $380.00 protected street	$10.00 minimum for tunneling and/or jacking. Excess over 1st 10 ft., $1.00 per ft.	15 days to 30 days	300 lin. ft.	12 feet
Repair sewer connections/main	$135.00, $380.00 protected street		15 days to 30 days	300 lin. ft.	12 feet
Repair water and sewer connection/mains	$135.00, $380.00 protected street		15 days to 30 days	300 lin. ft.	12 feet
Install or replace fuel oil line	$135.00		15 days	300 lin. ft.	SW width
Vault construction, alteration, or repair	$135.00		30 days	300 lin. ft.	As per approved plan
Reset, replace, install or repair curb	$135.00		30 days	As required, up to 300 lin. ft.	Not applicable
Pave roadway	$135.00		15 days	300 lin. ft. & as per approved plan	As per approved plan
Tree pit	$135.00		30 days	300 lin. ft.	Variable based on SW width
Construct or alter utility access chamber	$135.00, $380.00 protected street		15 days	300 lin. ft.	12 feet
Adjust hardware casting	$135.00		15 days	300 lin. ft.	12 feet
Access to utility chamber in restricted zone during restricted hours	$30.00		Uninterrupted emergency period	300 lin. ft.	12 feet
Repair gas connections/mains	$135.00, $380.00 protected street		30 days	300 lin. ft.	12 feet or SW width
Repair steam connection/mains	$135.00, $380.00 protected street		30 days	300 lin. ft.	12 feet or SW width
Repair electric/communication lines	$135.00, $380.00 protected street		30 days	300 lin. ft.	Not applicable
Test pits, cores or boring	$135.00, $380.00 protected street		15 days	300 lin. ft.	12 feet
Conduit construction (cable, telecommunication) & franchise	$135.00, $380.00 protected street		15 days	300 lin. ft.	As per approved plans
Major installation - franchise	$135.00, $380.00 protected street		30 days (90 days with OCMC approval.)	As per approved plans	SW width
Erect canopy	$135.00		30 days	Not applicable	Not applicable
Install street furniture	$135.00		30 days	Not applicable	Not applicable
Land fill	$135.00	Inspection fee of $25.00 for 1st 400 cubic yards. Excess over 400 cy at $0.05 per cy.	30 days	Not applicable	12 feet
Private sewer	$135.00, $380.00 protected street		30 days	300 lin. ft.	Not applicable
Install fence	$135.00		30 days	300 lin. ft.	Not applicable
Install traffic signals	$135.00, $380.00 protected street		30 days	300 lin. ft.	12 feet or SW width
Install or repair petroleum pipelines/monitoring and recovery systems	$135.00, $380.00 protected street		30 days	300 lin. ft.	SW width
Installation of fire alarm box	$135.00		30 days	Not applicable
Fee for review of request to work during an embargo period	$135.00				As per Division of Franchises
Installation of bus shelter	$135.00		30 days	As per Division of Franchises
Construction Activity Permits Types of Construction Activity Permits:
Place material on street	$50.00	$300.00 per month inspection fee	3 months	300 linear ft. but not more than 80% frontage may be encumbered.	8 feet
Crossing sidewalk	$50.00		3 months	2 crossings at 12 ft. wide within 300 linear ft.	SW width
Place crane on street	$50.00 per week or part thereof.	$100.00 per inspection fee	1 week	Variable	Not more than one third width of roadway
Place equipment other than crane on street	$50.00		3 months	300 lin. ft.	12 feet
Place shanty or trailer on street	$50.00		3 months	Variable	12 feet
Temporary pedestrian walk in roadway	$50.00		3 months	300 lin. ft.
Install or change pavement markings, construction signs and supports	$50.00		90 days
Hang temporary festoon/holiday lighting and/or other temporary lighting	$50.00		90 days
Temporary closing of roadway	$50.00		3 months
Temporary sidewalk closing	$50.00		3 months
Placement of containers for construction waste debris	$50.00		90 days	300 lin. ft.	12 feet
Sidewalk Construction Permits:
Repair/construct sidewalk	$70.00		30 days	300 lin. ft. or per block and lot	SW width
Licenses:
Vault License	$35.00	$2.00 per sq. ft.
Canopy Permits	$50.00		1 year
Canopy in connection with a sidewalk cafe license	$25.00		1 year
Miscellaneous Charges and Fees:
Subpoenas	$15.00
Removal of banners, canopies, signs and other encroachments and obstructions	cost of labor and materials
Storage fee for removed banners, canopies, signs and other encroachments and obstructions	$15.00 per day
CARs	$40.00
Backcharges and JETS	$134.00 per sq. yd.
Extension of Permit	$40.00		14 days
Place commercial refuse container on street	$30.00		5 consecutive days		9 feet
Application review fee for placement of commercial refuse container on street in restricted area as defined in 34 RCNY § 2-14(f)(4)	$30.00 per application
Reissuance of permit within three business days	$15.00		duration of original permit
Renew temporary security structure	$50.00		Six months	300 lin. ft.	Not applicable
Filing of Sidewalk, Curb and Roadway Application (SCARA) – Plan Type A	No fee		one year
Filing of SCARA – Plan Type B	$35.00 filing fee		one year
Filing of SCARA – Plan Type C	$2.00 per lin. ft.		one year
Filing of SCARA – Plan Type D	$4.00 per lin. ft.		one year
Filing of SCARA – Plan Type E	$4.00 per lin. ft.		one year
Filing of SCARA – Plan Type F	$8.00 per lin. ft.		one year
Install temporary security structure	$50.00		One year	300 lin. ft.	Not applicable
City adjustment of street hardware to meet pavement	$125.00		Not applicable	Not applicable	Not applicable
Install overhead shunt	$0.00		90 days	Building to nearest pole or pole to nearest other pole	Not applicable
Install street shunt	$50.00		90 days	300 lin. ft.	Not applicable
Install wrap-around shunt	$0.00		90 days	Per shaft	Not applicable

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-04 Canopies.

(a) Permit required. No person shall erect or maintain a canopy over the sidewalk without obtaining a permit from the Commissioner. The canopy shall be adequate for public safety and convenience and shall respect the special circumstances of the particular site or street and shall not detract from public use of the sidewalk. Canopy permits may be issued for the entrance to a building, or place of business within a building.

(b) Permit fees.

(1) The fee for the issuance of a canopy permit shall be $50 per year.

(2) The fee for the issuance of a canopy permit in connection with a sidewalk cafe license shall be $25.

(1) Canopy permits shall not be issued for:

(i) placement on streets listed in subdivision f of this section;

(ii) placement within the following: fifteen feet of fire hydrants or bus stop zones; beneath a fire escape or so located as to obstruct operation of fire escape drop ladders or counter-balanced stairs or so as to obstruct any exit from a building; within the area created by extending the building line to the curb (the "corner") or within the area from ten feet of either side of the corner (the "corner quadrant"); five feet of tree pit edges, four feet of street lights and utility hole or transformer vault covers or gratings; three feet of parking meters; or

(iii) placement without written approval from the property owner; or

(iv) placement without written approval from the Department of Consumer Affairs for locations licensed by the Department of Consumer Affairs; or

(v) placement at locations deemed by the Commissioner as inadequate with respect to public safety and convenience.

(2) Canopies shall not be permitted above underground street access covers, vault covers, gratings, or cellar doors which require access.

(3) Canopy design and construction shall be in accordance with Standard Detail Drawing #H-1029.

(4) Owners shall be responsible for the removal of a canopy within ten days when so directed by the Commissioner for necessary street construction.

(5) Advertising on a canopy is prohibited. The house or street number and/or firm name or filed trade name may appear on a canopy as prescribed by the Zoning Resolution of the City of New York. However, descriptive words contained in the firm name or filed trade name tending to advertise the business conducted on the premises are prohibited. Lettering may include logo art for the purpose of business identification only.

(6) All canopy permits shall be posted in a conspicuous place at the entrance for which the permit is issued.

(d) Maintenance.

(1) Canopies shall be well maintained at all times.

(2) The covering shall be kept clean, free from accumulation of snow and ice and free from rips and tears, discoloration, fading, sagging, graffiti, etc.

(3) Canopies with metal frameworks shall be painted as needed, but at least every five years.

(4) All structural members shall be kept free of rust and surface imperfections (smooth to the touch).

(e) Permit expiration, renewal and transferability.

(1) Each permit shall expire one year from the date of issuance, unless revoked sooner by the Commissioner. Applications for renewal of canopy permits shall be made at least one month prior to permit expiration dates.

(2) Canopy permits shall not be transferable from person to person or from the location of original issue.

(3) Notwithstanding any inconsistent provision of this section relating to the location of a canopy, where a permit was issued for a canopy erected prior to May 19, 1995 under the rules in effect prior to that date, a renewal permit may be issued for the continued maintenance of such canopy at such location provided that:

(i) The canopy is at the same location and was not altered on or after May 19, 1995;

(ii) The canopy is not on a street listed as restricted in subdivision f of this section; and

(iii) The department performs an on-site inspection and determines that the canopy does not present a hazard to public safety and convenience. For the purposes of this provision, hazards for which the department will refuse the renewal of a permit shall include, but not be limited to, the location of a canopy within fifteen feet of a fire hydrant or bus stop, beneath or obstructing a fire escape or within a corner or corner quadrant.

(f) Placement of canopies. The following categories of restricted streets are established:

(1) Fully Restricted Streets. No canopy may be erected or maintained on the below listed streets:

(i) Borough of Manhattan:

(A) Fifth Avenue: West 34th Street to West 59th Street

(B) Sixth Avenue: West 34th Street to West 59th Street

(D) 42nd Street: East side of Eighth Avenue to West side of Third Avenue

(E) Seventh Avenue: South side of 33rd Street to North side of 34th Street

(F) Broadway: Chambers Street to Battery Place

(G) Whitehall Street: Beaver Street to Water Street

(H) Wall Street: Broadway to South Street

(I) Broad Street: Wall Street to Water Street

(J) Sixth Avenue: West 4th Street to West 8th Street

(K) West 8th Street: Sixth Avenue to Fifth Avenue

(L) East 8th Street: Fifth Avenue to Fourth Avenue

(M) Astor Place: Broadway to 3rd Avenue

(N) St. Mark's Place: 3rd Avenue to 2nd Avenue

(O) 72nd Street: Broadway/Amsterdam Avenue to Columbus Avenue

(2) Partially Restricted Streets. The erection or maintenance of canopies on the streets listed below is limited to one building entrance only, except that hotels and apartment houses may erect and maintain canopies over all their entrances and restaurants may erect and maintain a canopy over one entrance separate and distinct from the building entrance, if any.

(i) Borough of Manhattan

(A) Fifth Avenue: West 12th Street to West 34th Street

(B) Madison Avenue: East 23rd Street to East 96th Street

(D) 43rd Street to 60th Street: Sixth Avenue to Lexington Avenue

(E) Riverside Drive: George Washington Bridge to West 135th Street

(F) Morningside Avenue: West 116th Street to West 125th Street

(G) Central Park West: West 60th Street to West 75th Street

(H) South Street Seaport

(I) Nassau Street Mall

(ii) Borough of Brooklyn

(A) Ocean Parkway: Belt Parkway to Prospect Park

(B) Ocean Avenue: Flatbush Avenue to Avenue Z

(D) Eastern Parkway: Plaza Street to Ralph Avenue

(E) Fulton Street Mall

(F) Stuyvesant Avenue: Fulton Street to Madison Avenue

(G) Kings Highway: Bay Parkway to Rockaway Parkway

(iii) Borough of the Bronx

(A) Grand Concourse: 158 Street to 179 Street

(B) Pelham Parkway: Cruger Avenue to Hutchinson River Parkway

(iv) Borough of Queens

(A) Jamaica Avenue: 168 Street to Cross Island Parkway

(B) Hillside Avenue: 179 Street to the City Line

(v) Borough of Richmond

(A) Hylan Boulevard: Fingerboard Road to Tysens Lane

(B) Victory Boulevard: Bay Street to Willowbrook Road

(D) New Dorp Lane: Richmond Road to Hylan Boulevard

(g) Design criteria.

(1) Size limitations of canopies.

(i) Width. Canopy width is limited to the width of the building entrance or the place of business, as defined by the doors leading into the building or place of business, but in no case shall the width be less than 4 feet nor more than 10 feet, unless authorized in writing by the Commissioner or as required by the Commissioner.

(ii) Height. The bottom of any portion of the canopy covering shall not be less than eight feet above the sidewalk and the top of any portion of the canopy covering shall not exceed 12 feet above the sidewalk, unless authorized in writing by the Commissioner.

(iii) Length. The canopy shall extend from the building line to within a minimum of eighteen inches and a maximum of twenty-four inches from the face of the curb line.

(2) Canopy shall be fully roofed.

(3) Certification by the manufacturer that the covering is flameproof shall be submitted with the permit application. Where certification is unobtainable from the manufacturer, certification by the installer may be submitted instead.

(4) Lettering on covering.

(i) The height of lettering on any side of a canopy shall not exceed 12 inches, as specified in the Zoning Resolution.

(ii) The painting, imprinting, or stenciling authorized in the above paragraph (4)(i) shall be limited to a single horizontal line of lettering, and with a cumulative surface area not exceeding twelve (12) square feet per side. It shall be lawful to paint, imprint or stencil directly upon a canopy within the character and area limitations prescribed by the Zoning Resolution of the City of New York.

(5) Lighting and Illumination.

(i) The area under the canopy shall be lighted to a minimum of thirty foot candles when the canopy is within twenty feet of a lamppost. Illumination shall be limited to the underside of the canopy. Neon lights are not permitted. Fluorescent light fixtures shall have the bulbs covered so they are not visible. Illumination sources shall be installed so that they do not protrude below the bottom of any portion of the canopy covering.

(ii) All electrical work shall be done by a licensed electrician.

(6) Side curtains are not permitted.

(7) Supporting framework shall be constructed of metal members.

(i) Vertical uprights shall be of sufficient size and strength and shall be no less than a standard steel pipe, one and one-quarter inches in diameter and not exceeding three inches in diameter. Where a special construction is used instead of pipe, the design shall be equivalent to the above valid minimum pipe standard approved by the Commissioner. The vertical uprights shall be imbedded in an independent concrete footing of adequate size, designed to sustain all anticipated loads.

(ii) Intermediate vertical upright supports are not permitted except for additional upright supports at the face of the building. Such additional upright supports shall not extend more than 18 inches of the property line.

(iii) Diagonal bracing at vertical upright supports is not permitted, except where required for wind bracing. Permissible wind bracing supports shall be constructed parallel to the curb line and shall extend outward no more than eighteen inches from the vertical upright.

(h) Application.

(1) Applications for canopy permits shall include:

(i) A statement of the basic construction details including the following:

(A) type, description and color of the canopy covering;

(B) type, diameter and gauge of all supporting members;

(D) description of proposed lettering on canopy covering, including exact wording and dimensions thereof;

(E) five inch by seven inch photograph of the proposed site.

(ii) A sketch showing the canopy dimensions, location and all street facilities within fifteen feet of both sides of the canopy.

(iii) A certificate that the covering is flameproof.

(iv) Consent of the Landmarks Preservation Commission for the erection of a canopy in a designated landmark historic district or attached to a building that has Landmark's historic designation.

(v) [Reserved.]

(2) Permit requirements. All permits are subject to applicable provisions contained in 34 RCNY § 2-02.

(i) Removal of unauthorized canopies. Pursuant to § 19-124 of the Administrative Code, the Commissioner may serve an order upon the owner of any premises requiring the removal of any unauthorized canopy. Upon the owner's failure to comply with such order within the time specified, the Commissioner may remove such canopy or cause the same to be removed, at the owner's sole cost and expense.

(j) Miscellaneous. No attachments of any kind or in any manner are permitted on a canopy, including, but not limited to:

(1) Temporary or permanent signs

(2) Balloons

(3) Streamers

(4) Flags

(5) Banners

(6) Pennants

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-05 Construction Activity.

(a) Permit required.

(1) A separate construction activity permit is required for each of the following activities, except where otherwise provided by these rules or by permit stipulations:

(i) Placing construction material on street during working hours

(ii) Placing construction equipment other than cranes or derricks on the street during working hours

(iii) Temporarily closing sidewalk

(iv) Constructing temporary pedestrian walk in roadway

(v) Temporarily closing roadway

(vi) Placing shanty or trailer on street

(vii) Crossing a sidewalk

(viii) Placing crane or derrick on street during working hours

(ix) Storing construction material on the street during non-working hours

(x) Storing construction equipment on the street during non-working hours

(2) Permits for construction activity involving building operations shall be obtained only by the general contractor or the construction manager.

(b) Permit requirements. All permits are subject to applicable provisions contained in 34 RCNY § 2-02.

(1) Permits shall be kept on the job site or at the designated field headquarters at all times and shall be made available for inspection.

(2) All obstructions on the street shall be protected by barricades, fencing, railing with flags, lights, and/or signs, placed at proper intervals and at prescribed hours pursuant to 34 RCNY § 2-02(h). During twilight hours the flags shall be replaced with amber lights.

(3) All permittees shall notify the Police Department and the communications center of the Fire Department of all construction activities requiring street closing at least twenty-four hours in advance of the commencement of non-emergency work.

(4) Permittees may be required to obtain approval(s) from OCMC or from a designee of the Commissioner.

(5) All permittees shall comply with the provisions of subdivision (g) of 34 RCNY § 2-02, if applicable.

(d) Conditions for the placement or storage of construction material and equipment (other than cranes) on the street.

(1) Sidewalks shall be kept clear for pedestrian passage and the curbline shall be kept clear and unobstructed for drainage purposes.

(2) The street shall be protected with proper covering to prevent damage (e.g.: planking, skids, plating, pneumatic tires) before construction material or equipment, including containers, are placed on the street. All planking and skids for containers must be a minimum of 1 ½" to a maximum of 3" thick. Overall size must be a minimum of 12"×12" and the placement of the protective covering must not exceed the outer dimensions of the container. Protection shall be placed directly under each steel wheel or roller of the container to adequately distribute the weight. Placement of all protection shall be performed and completed upon delivery by the managing agent, distributor, or owner of the container.

(3) The name, address and telephone number of the owner shall be printed on two sides of each container used for construction debris. This requirement does not apply to conex containers (commonly referred to as shipping or cargo containers), which are not permitted on City streets unless otherwise authorized by the Commissioner.

(4) Each container shall be stored in an area designated by the Commissioner for the storage of construction material.

(5) All containers shall be clearly marked on all four sides with high intensity fluorescent paint, reflectors, or other markings capable of producing a warning glow when struck by the head lamps of a vehicle or other source of illumination at a distance of three hundred feet.

(6) No temporary hoist or scaffold shall be erected on or over a roadway without review of site plans by OCMC, approval of such plans by the Commissioner and a permit from the Department of Buildings.

(7) No temporary fence which extends more than three feet onto the street shall be erected on the sidewalk without the Commissioner's approval of the location and a permit from the Department of Buildings.

(8) Construction material or equipment shall not be stored or placed within:

(i) five feet of railroad tracks;

(ii) three feet of any city-owned electrical systems equipment including, but not limited to, signal and lamp posts, ITS systems, cameras, panel and/or junction boxes, provided that access to the equipment is maintained at all times;

(iii) fifteen feet of hydrants or water sampling stations;

(iv) the area created by extending the building line to the curb (the "corner") or within the area from ten feet of either side of the corner (the "corner quadrant");

(v) any "No Standing" zone; or

(vi) stored at a height greater than five (5) feet, unless such construction material or equipment is a nondivisible load which exceeds five (5) feet in height, or unless otherwise authorized by the Commissioner.

(9) Permittees shall comply with all rules or permit conditions relating to interference with access to subway facilities, fire alarms, street signs, parking meters, emergency telephones, water main valves, utility facilities and any city-owned electrical equipment including, but not limited to, cameras, ITS, street light and signal poles, panel and/or junction boxes.

(10) Space shall be provided within the storage area for loading and unloading construction materials and for all other permissible operations.

(11) The storage area shall be clearly delineated on all sides with barricades, fencing, railing or other safety devices reflectorized and/or illuminated pursuant to 34 RCNY § 2-02(h).

(12) For the purpose of mixing mortar, concrete or other materials, or to bend steel reinforcement bars, surface protection shall be provided.

(13) Mortar boxes for hand mixing shall not extend beyond the area permitted for the storage of materials on the street.

(14) Storage space shall not exceed eighty percent of each linear frontage of the plot on which the buildings are to be constructed, altered or demolished; nor shall more than one-third of the roadway width, with a maximum of one lane measured from the curb, be encumbered with construction material unless a street closing permit is obtained.

(15) The Commissioner may direct that construction material stored or placed within the street line, particularly in a critical area, be confined to the sidewalk frontage area where the building is to be constructed, altered or demolished. The permittee shall enclose the sidewalk storage area with a four foot high barricade or fence pursuant to 34 RCNY § 2-02(h) and shall provide adequate lighting and a minimum of five feet of clear pedestrian passage. A temporary partial sidewalk closing permit shall be required.

(16) All equipment hoses, cables, or wires carried overhead across the sidewalk shall have fourteen (14) feet minimum clearance.

(17) All equipment hoses, cables, or wires placed on the sidewalk while in use shall be bridged and protected by warning signs and/or lights.

(18) A construction activity permit shall be required for a truck crane (boom truck) with telescopic, hydraulic or folding booms, over fifty feet and not more than one hundred thirty-five feet with a maximum rated capacity of three tons. A valid copy of a current "Crane Approval and Operations Certificate (CD)" shall be obtained from the Department of Buildings when a "Certificate of On-site Inspection" is not required.

(19) The permittee must maintain any protective covering placed on the street while construction materials or equipment is on the street.

(e) Temporarily closing sidewalk. A temporary partial sidewalk closing permit shall be required when more than three feet from the property line is obstructed by a fence. A temporary full sidewalk closing permit shall be required when a minimum clear sidewalk passage of five feet cannot be maintained for pedestrians.

(f) Temporary pedestrian walkway in roadway.

(1) The Commissioner may require permittees to construct temporary pedestrian walkways on the roadway when adequate pedestrian passage cannot be maintained on the sidewalk.

(2) If a pedestrian walkway in the roadway is not required, warning signs advising pedestrians to use the opposite sidewalks shall be placed and maintained at each corner or as otherwise directed.

(g) Temporarily closing roadway.

(1) A roadway closing permit is required for closing one or more lanes of the roadway.

(2) A roadway closing permit is required during blasting operations and the firing of shots.

(h) Placement of shanties or trailers on the street.

(1) A permit shall be required to place a construction shanty, trailer, or similar structure on the street.

(2) Placement of shanties or trailers is subject to the same restrictions as the placement of equipment.

(3) Construction shanties or trailers shall be placed within the storage area provided for construction materials.

(4) Shanties and trailers shall be removed from the street when the building structure first floor level is covered by a roof, second floor or a second floor slab, unless otherwise directed by the Commissioner.

(5) Use of a shanty or trailer anywhere on a street as a renting or sales office shall be prohibited.

(6) No lettering or symbols shall be placed on a shanty or trailer except for the name and telephone number of the contractor.

(7) The shanty or trailer shall be lighted or have reflectorized striping on the exterior.

(i) Crossing a sidewalk.

(1) A permit for crossing a sidewalk shall be obtained for the delivery or removal of any construction material or equipment on the street by vehicle or motorized equipment across a sidewalk where there is no approved drop curb (driveway).

(2) A maximum of two sidewalk crossings shall be allowed per each three hundred linear feet.

(j) Placement of cranes and derricks on street. For the purposes of these rules the terms "crane" and "derrick" shall be as defined in the New York City Building Code.

(1) Permit requirements.

(i) Building operations.

(A) A crane permit shall be required for all cranes and derricks operating in the street on building construction or related activity under the jurisdiction of the Department of Buildings, with the exception of: truck cranes with telescopic, hydraulic or folding booms, over fifty feet and not more than one hundred thirty-five feet with a maximum rated capacity of three tons, for which a construction activity permit has been issued.

(B) A crane permit shall be required for assist cranes with a maximum rated capacity greater than twenty tons to assemble, operate, or disassemble any crane on a street. Assist cranes with a maximum rated capacity of twenty tons or less shall require a Construction Activity Permit.

(C) All permittees shall comply with the rules for power operated cranes, derricks and cableways of the Department of Buildings.

(ii) Street operations.

(A) A crane permit shall be required for all cranes and derricks operating in the street with a maximum rated capacity greater than twenty (20) tons and which are not related to building operations.

(B) A construction activity permit shall be required for all cranes and derricks with a rated capacity of twenty tons or less when used for street related activity and where the activity is not under the jurisdiction of the Department of Buildings. A written statement shall be submitted by the owner of the structure, building or premises, general contractor, construction manager, or authorized agent stating that he/she visited the site and that there are no excavations or retaining walls and that no vaults or subsurface construction exists at the site. If there are excavations, retaining walls, vaults or subsurface construction existing at the site, then an affidavit shall be submitted from a Professional Engineer indicating (1) that the sidewalk or roadway and the supporting subgrade can safely bear the crane and crane load, (2) that any existing vaults or other subsurface structures are capable of supporting the crane and load, and (3) that the sheeting or retaining walls supporting any excavations adjoining the street area are capable of supporting the crane and load.

(2) Application. All applicants for a permit shall file the following:

(i) A standard application including the following information:

(A) location of the work site;

(B) nature of the work to be performed;

(D) length of the crane's boom. (Approval of the Department of Buildings is required for cranes with booms over two hundred fifty feet in length, contingent upon passing a satisfactory assembled inspection for each phase. For such cranes, a special review and approval meeting must be held with the Department of Buildings and the applicant.);

(E) model and serial numbers of cranes to be used;

(F) crane/derrick application form #M12;

(G) approval or permit from the Department of Buildings in the case of new structures, renovations or modifications made to a building, or placement of a sign structure; and

(H) daily or annual overdimensional permit.

(ii) A sketch showing:

(A) proposed location of the crane in the work area;

(B) area to be designated for pedestrian passageway;

(C) measures to be taken from safeguarding and protecting pedestrians and for maintaining vehicular traffic, including OCMC stipulations.

(iii) The following documentation from the Department of Buildings:

(A) "Crane Approval and Operations Certificate (CD)" (for all cranes and derricks).

(B) "Application for a Certificate of On-Site Inspection (Crane Notice)".

(3) Placement. All cranes may be placed partially or entirely on the street, in the discretion of the Commissioner, subject to the following conditions and requirements:

(i) A crane shall not occupy more than one third of the roadway width except in accordance with the stipulations set forth in the street closing permit.

(ii) The extreme outer limit of the crane, in any operating or storage position, shall be at least twelve feet from the opposite curb. The Commissioner may issue a street closing permit when a minimum of twelve feet cannot be maintained.

(iii) Cranes equipped with steel tracks shall be supported by:

(A) steel plates; or

(B) timber platforms not less than six inches thick and covering the entire base of the crane.

(iv) The crane and loads shall not exceed 3,500 lbs. per square foot.

(v) For cranes equipped with rubber tires:

(A) the pressure applied to the street surface through outriggers or other elements of the crane shall not exceed 3,500 lbs. per square foot;

(B) the pressure shall be distributed by timber mats, wood planking or steel plates, extending not less than twelve inches beyond the base of the outriggers on all sides and sufficiently thick to uniformly distribute the load pressure including the weight of the crane.

(vi) Each permittee shall ensure that the surface upon which the crane will rest is capable of supporting the above pressures. The permittee shall further expand the size and thickness of the timber platforms, mats and steel plates beyond the minimum requirements stipulated above for all types of cranes, so as not to exceed the bearing capacity of the street. This shall apply to structural streets and streets over underground facilities/structures as well.

(vii) An alternate means of distributing the load may be approved by the Department of Buildings when a "Certificate of On-Site Inspection" is required.

(viii) When any part of the crane requiring a "Certificate of On-Site Inspection" is placed on the street, a statement by a New York State licensed professional engineer shall be filed with the Borough Permit Office certifying:

(A) that the street area and the supporting subgrade can bear the crane load safely. Should the street condition require that the crane and load be distributed over a larger area than afforded by the elements of the crane, the New York State licensed professional engineer shall furnish full dimensional details of load distribution;

(B) that the engineer has taken all necessary measures to ascertain that there is no vault underneath the sidewalk area or that if a vault does exist its roof is sufficiently strong to support the load to be imposed thereon.

(C) that the sheeting or retaining walls supporting any excavations adjoining the street bearing the load capacity are capable of supporting the area carrying the crane and load. When the crane is used to excavate adjacent to itself, the New York State licensed professional engineer shall specify the sheeting or retaining wall reinforcement required to support the crane and load.

(4) Master or special rigger/sign hanger. A "Certificate of Crane On-Site Inspection" is not required for a master or special rigger or a master or special sign hanger working within the purview of his/her license issued by the New York City Department of Buildings. Permissible work under the supervision of a master or special rigger or a master or special sign hanger includes:

(i) the hoisting or lowering of any article on the outside of any existing/completed building;

(ii) the removal or installation of boilers and tanks; and

(iii) the erection, maintenance or removal of signs or sign structures.

(5) Safety requirements.

(i) For purposes of safety, a flagperson(s) shall be assigned at all times during the operation of the crane to coordinate all crane operations with pedestrian and vehicular traffic and to give proper warnings to the crane operator. Exceptions may be granted under the following conditions:

(A) Where OCMC traffic stipulations provide for the crane to be operated in an area that has been closed to vehicular and pedestrian traffic, and

(B) Where the full outward swing of the crane actually does not exceed beyond the barricade and the sidewalk area within the swing of the crane carriage or boom is securely barricaded pursuant to 34 RCNY § 2-02(h) to prevent pedestrian traffic or an adequate covered pedestrian walkway is provided.

(ii) When a crane is stored on a street it shall be clearly marked with adequate lighting or with high intensity fluorescent paint, reflectors, or other markings capable of producing a warning glow when struck by the head lamps of a vehicle or other source of illumination up to a distance of three hundred feet.

(iii) It shall be unlawful for any person other than a crane operator licensed by the Department of Buildings to operate a crane on a street.

(6) Permits for the placements of a crane on the street may be issued for the area from the northern street line of 66th Street to the extreme southernmost tip of Manhattan as specified on the map in subdivision l and in the following limited cases:

(i) When erecting from the street:

(A) a tower or climbing crane which will be operated within building site property lines; or

(B) a temporary platform or permanent plaza within a building site for the placement of a street crane.

(ii) When erecting a structure/building on a building site from the street within one hundred and ten working days when use of a tower or climbing crane is not practicable.

(iii) Temporary crane permits are issued for the erection of a structure for a maximum of one hundred ten working days. Crane usage shall be apportioned between the various stages of erection by the building owner, the general contractor or the construction manager. A working day is defined as each day covered by an active permit, not by the days a crane operates. Several cranes operating simultaneously at the same site shall be credited with one working day for each day covered by the active permit. The one hundred and ten day limit shall not be exceeded. However, extensions may be granted by the Commissioner in extraordinary circumstances.

(iv) Permittees shall be required to delineate the street area authorized for use in blue thermoplastic tape or paint. Upon expiration or revocation of the permit, the permittee shall remove the paint or markings and restore the area to its original condition.

(7) Letter of Credit. To ensure full compliance with all crane permit terms and stipulations the following requirements and procedures apply:

(i) Permittees are required to file a $40,000 Irrevocable Stand-by Letter of Credit.

(ii) The form of the Letter of Credit and the bank upon which it is drawn shall be approved by the Commissioner.

(iii) The term of such Letter of Credit shall be at least one year. Such Letter of Credit may cover multiple crane permit locations.

(iv) If the permittee fails to remove a crane when required or otherwise violates a permit condition, the terms of the Letter of Credit shall provide that the Commissioner may demand a payment of $1,000 a day for the first five days and $2,500 for each day thereafter.

(v) A Letter of Credit shall not be required in the following circumstances:

(A) contractors with licensed operators performing rigging operations, i.e. hoisting or lowering materials or equipment on or off existing buildings;

(B) in special cases, contractors with licensed operators performing rigging operations in conjunction with new building construction;

(C) contractors with licensed operators performing work on elevated railroad or bridge structure engaged in street construction such as pavement removal, trenching or bulkheading, or in the installation and/or repair of underground shafts, sewers and water facilities.

(k) Format to be used for Irrevocable Stand-By Letter of Credit.

Beneficiary
The City of New York Department of Transportation
Manhattan Street Maintenance Office
Battery Maritime Building, 4th floor
New York, New York 10004

Sir/Madam:

By order of our client (name and address of Permittee), we issue this Stand-By Irrevocable Letter of Credit No. . . . . in your favor for $40,000.00 (Forty Thousand U.S. Dollars) effective immediately for our client's performance under the required Crane Permit(s) for the placement of cranes at the following location(s):

____________________________________________

Funds under this Irrevocable Letter of Credit are available by Sight Draft drawn on us accompanied by:

1. A statement signed by the Commissioner of the New York City Department of Transportation or an authorized representative stating that:

"(Permittee Name) has failed to comply with the terms and conditions agreed to under the permit(s) issued or has failed to remove a crane when required. For this violation the City of New York, acting through its Department of Transportation, is demanding a payment of $1,000.00 (One Thousand U.S. Dollars) a day for the first five days of violation. After five days, payment for the continuing violation is $2,500.00 (Two Thousand Five Hundred U.S. Dollars) a day."

"This(these) violation(s) has(have) existed for . . . days and demand is now made for payment of (enter total amount). We have notified (Permittee name and address) in writing that this certification is being presented."

2. A copy of notice given to (Permittee name) referred to in No. 1 above.

3. The original of this Irrevocable Letter of Credit and Amendments, if any.

The Sight Draft shall bear the following clause:

"DRAWN UNDER (Bank Name), LETTER OF CREDIT NUMBER . . . . . DATED . . . . . . . . . ."

This Irrevocable Letter of Credit expires at (Bank office address) at the close of business on . . . . .

This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein or to which this Irrevocable Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement.

We agree with you that drafts drawn in compliance with the terms of this Credit shall be honored on presentation.

This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500.

(l) Crane Restricted Area

(m) Pedestrian Traffic Managers.

(1) Permittees must deploy pedestrian traffic managers when required by the department for any of the construction activities set forth in this 34 RCNY § 2-05. Such requirement shall be set forth in a permit stipulation and may be required where:

(i) the permitted construction activity is located within a high pedestrian volume area, which significantly impacts pedestrian circulation; and/or

(ii) conflicts between pedestrians, bicycles and/or vehicles occur as a result of the construction activity.

(2) When deployed and during their employment and active service, all pedestrian traffic managers must have either:

(i) a minimum of five years of law enforcement experience, or

(ii) a minimum of five years of certified flagger experience and pedestrian traffic manager training.

(3) Law enforcement experience may include but not be limited to New York City Police Department, New York City Department of Corrections, New York/New Jersey Port Authority Police, New York State Police, military police, or other comparable municipal law enforcement agencies. Flagger certification must be from an accredited organization.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-06 Land Contour Work.

(a) Permit required.

(1) A permit shall be obtained from the Commissioner to perform land contour work which includes the clearing, grubbing, grading, filling or excavation of vacant lots and other specified land parcels.

(2) The provisions of these rules are also applicable to the disposal site for excavated materials.

(3) All permits are subject to applicable provisions contained in 34 RCNY § 2-02.

(b) Conditions.

(1) No condition shall be created or maintained that interferes with or obstructs existing drainage, unless an alternate drainage plan is provided for in the above plans, subject to approval by the Department of Environmental Protection. The applicant shall provide for conduction of surface waters as required by the Commissioner to the nearest approved Department of Environmental Protection collection point.

(2) Watercourses, drainage ditches, conduits and other like or unlike means of carrying off water or disposing of surface water shall not be obstructed by refuse, waste, construction materials, earth, stones, tree stumps, branches, or by any other means that may interfere with surface drainage or cause the impoundment of surface waters either within or beyond the area where land contour work is performed.

(3) All excavations shall be drained. The drainage shall be maintained until the completion of the excavation and pumping shall be used where necessary.

(4) Fill material shall consist of inert, inorganic matter, suitably compacted. No materials shall be used other than clean earth, ashes, dirt, concrete, rock, gravel, stone, slag, or sand. Rocks and masonry shall not be larger than one-quarter of a cubic yard. No material larger than three inches in dimension may be placed within two feet of the surface. For public safety and health, the Commissioner may require a smooth graded surface treated according to the Standard Specifications with asphalt paving mixture, compacted cinders, stone screening, soil cement mixtures, or seeded or sodded lawn treatment, or other material as required by the Commissioner.

(5) Sodding or planting, where required, shall be completed within thirty days of work completion or as may be permitted by the Commissioner. Safeguards shall be provided to prevent soil erosion in the interval preceding sodding or planting.

(6) Work beyond lot lines shall be subject to the requirements of these rules.

(7) A minimum safety factor of two shall be used against earth slides within the property and the adjacent property. Where two parallel streets are at unequal elevations, the land grading between these two streets generally should be at a constant slope. Where possible the ground should be graded back from the front property line at a grade level with the street for a distance equal to the normal zoning set-back requirement but not less than twenty-five feet before commencing a slope.

(c) Exceptions. A permit is not required for grading work to be performed pursuant to a Department of Buildings permit for the erection of one or more structures, provided that the permit authorizes the grading, and that the work is performed entirely within the building site area.

(d) Application.

(1) The application shall state the following:

(i) name of the land surveyor or New York State licensed professional engineer;

(ii) description of the land contour work;

(iii) work limits and number of linear feet in the work area;

(iv) cubic yards of fill to be placed;

(v) that work areas exceeding ten thousand square feet shall be supervised by a New York State licensed professional engineer. The application shall note the name, address, and telephone number of the New York State licensed professional engineer;

(vi) whether streets adjacent to the land are finally mapped and with whom title of the streets is vested. Prescriptive streets as determined by the corporation counsel shall be deemed as finally mapped.

(2) Applicants for a Land Contour permit shall be the property owner or the owner's authorized representative. The permit application shall be accompanied by:

(i) a statement of property ownership or of authorization by the property owner if work is to be performed by a contractor;

(ii) a statement from the surveyor or New York State licensed professional engineer which states that the work will not cause adverse drainage conditions to the property and adjacent land;

(iii) a plan prepared by a land surveyor or New York State licensed professional engineer.

(3) Applicants shall submit a plan at a minimum scale of 1 in.= 50 ft. or the scale required by the Commissioner. The original mylar plus one paper print filed at the time of permit application shall be drawn according to the Standard Specifications. The plans shall show the following:

(i) name of the land surveyor or New York State licensed professional engineer;

(ii) existing watercourses, drainage ditches, conduits and other drainage facilities, or like or unlike means of carrying off water, or disposing of property surface water, and the area three hundred feet beyond the property and any additional information as required by the Commissioner;

(iii) existing and proposed grades of the area to be filled or excavated, plotted in contours spaced at five feet intervals or at other intervals as required by the Commissioner;

(iv) direction of all surface water flow before and after completion of land contour work;

(v) statement of the slopes to be maintained and a cross section of the slopes;

(vi) soil investigation, including, but not limited to, locating the elevation of the ground water table, whenever required by the Commissioner;

(vii) lines and grades of abutting streets which are legally mapped;

(viii) profile of the existing grade, legal grade and final grade of the abutting street;

(ix) substitute for existing drainage as noted below, subject to approval of the Department of Environmental Protection:

(A) interference with or obstruction of surface course causing drainage to flow in a direction other than a general direction and drainage pattern existing prior to the land contour work tending to cause impoundment or flooding either within or beyond the area on which contour work is performed;

(B) increase of surface course drainage in the direction and drainage pattern existing prior to the land contour work tending to cause impoundment or flooding either within or beyond the area in which contour work is performed; and

(C) interference or obstruction of existing watercourses, drainage ditches, conduits and other like or unlike means of carrying off water or disposing of surface water;

(x) proposed provisions for maintenance of existing drainage or for any substitute that shall drain the property adequately and shall provide safeguards against health hazards according to criteria established in consultation with the Department of Health as noted below:

(A) flooding: proposed provisions to eliminate existing conditions of surface water impoundment. The entire area under examination shall be provided within the property. The plans shall indicate the provisions taken to avoid direct flooding of adjacent properties or intrusion of surface water to existing or planned individual sewage disposal systems; and

(B) small water impoundment: proposed provisions to avoid small water impoundment which may become the breeding area or harborage of insects and other pests. Pests are defined as members of the class insecta and members of the Phylum Arthropoda including spiders, mites, ticks, mosquitoes, centipedes and wood lice.

(xi) provisions for disposal of excavation material.

(4) Certification shall be required from a New York State licensed professional engineer that drainage for a three hundred foot radius around the site will not be adversely affected by grading, and that existing watercourses, if any, will not be disturbed.

(e) Approval required.

(1) Sites designated as Wetlands shall have prior approval from the New York State Department of Environmental Conservation.

(2) Sites in designated Natural Areas or in South Richmond shall require prior approval from the City Planning Commission.

(3) The Commissioner may require that land contour plans be reviewed and approved by the Department of Environmental Protection.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-07 Underground Street Access Covers, Transformer Vault Covers and Gratings.

(a) General conditions.

(1) Except for work on the critical roadways during restricted times listed in subdivision c of this section, and subject to these rules, underground street access covers, transformer vault covers and gratings may be opened to perform subsurface work without the prior authorization of the Department. During a Department declared embargo, sidewalks shall be included in the restrictions listed in paragraph (5) of subdivision (c) of this section.

(2) A permittee must obtain an emergency number from the Department if they are opening an underground street access cover to perform emergency work during an embargo period.

(3) Except when emergency work is being performed, if excessive traffic congestion occurs on a roadway where underground street access covers, transformer vault covers or gratings have been opened, any police officer or other person authorized to enforce these rules may direct that the cover or grating openings be closed and the affected traffic lane opened until the traffic congestion eases. It shall be a violation of these rules to disobey such a direction.

(4) The opening of covers and gratings shall not restrict more than a maximum of 11 feet of roadway. If such opening results in a full roadway closure, the Police Department, the Communication Centers of the Fire Department and the Department of Transportation shall be notified simultaneously with the closing. If such opening falls under the provisions of subdivision (g) of 34 RCNY § 2-02, the entity opening the covers or gratings shall comply with all the requirements of such subdivision.

(5) Except for emergency work or where required due to the nature of the work, no more than two consecutive covers or gratings shall be opened at any time on a block segment, including the adjacent intersection.

(6) A permit is required to store material or equipment on the street during non-working hours whether or not the cover or grating opening is in a critical roadway. No such permit shall be required to store tool carts on the sidewalk. No tool cart shall be stored on a sidewalk unless a minimum passage of five feet is maintained on the sidewalk for pedestrians. No tool cart stored on a sidewalk or roadway shall obstruct any hydrant, water sampling station, bus stop or driveway. A permit is required to store tool carts on the roadway. All tool carts shall display the name, address and telephone number of the entity that placed them on the sidewalk or roadway.

(7) Where subsurface work requiring the opening of covers and gratings on a sidewalk is performed and a five foot minimum passageway on the sidewalk cannot be maintained for pedestrians, a temporary sidewalk closing permit shall be obtained.

(8) Flagpeople. Unless otherwise directed by the Commissioner, permittees whose work results in the closing of a moving traffic lane and requires traffic to be temporarily diverted to a travel lane in the opposite direction, shall, at all times while actively working at the site, post a flagperson or flagpersons or utilize an authorized plan for the maintenance and protection of traffic at the point where traffic is diverted to assist motorists, bicyclists, and pedestrians to proceed around the obstructed lane.

(b) Maintenance requirements.

(1) The owners of covers or gratings on a street are responsible for monitoring the condition of the covers, gratings and concrete pads installed around such covers or gratings and the area extending twelve inches outward from the edge of the cover, grating, or concrete pad, if such pad is installed.

(2) The owners of covers or gratings shall replace or repair any cover or grating found to be defective and shall repair any defective street condition found within an area extending twelve inches outward from the perimeter of the cover or grating. Such owner must obtain a permit to maintain a steel plate that is covering such cover or grating or such street condition.

(3) Street hardware shall be flush with the surrounding street surface. Street hardware which is greater than 1/2" above or below the street surface as measured by a six foot straight edge centered on the hardware shall be replaced or adjusted at the owner's expense.

(4) Owners of underground facilities shall only use covers with their name or registered markings clearly displayed for identification purposes.

(5) Covers shall be clearly identified with markings that are registered with the Department. The owners of covers which are in good condition but lack identifying markings shall place the assigned color code or tag next to the cover or grating in lieu of replacement.

(6) Underground street access covers, transformer vault covers, and gratings shall not be placed in any street over an opening unless they are of a type approved by the Commissioner.

(1) Except as otherwise provided in paragraphs 2 and 3 of this subdivision, no person shall perform subsurface work requiring cover and grating openings in the critical roadways listed in paragraph 5 of this subdivision at the locations and during the hours specified in such paragraph.

(2) No person shall perform emergency work requiring cover or grating openings in the critical roadways listed in paragraph 5 of this subdivision at the locations and during the hours specified in such paragraph without an emergency authorization number from the Department.

(3) Notwithstanding the foregoing provisions, subsurface work requiring cover or grating openings may be performed at any time in traffic lanes which are obstructed by street construction authorized by the Commissioner, i.e., by the installation of water mains, sewers, street lighting, traffic control devices, cranes, construction debris containers, or other construction equipment.

(4) Authorization for emergency work requiring cover and grating openings in critical roadways during restricted hours.

(i) An authorization number shall be obtained by the owner of the cover or grating or the authorized agent of the owner by faxing the required DOT request for authorization number form to the Department's Emergency Authorization Unit, unless otherwise directed by the Commissioner. Required information shall include, but not be limited to the following:

(A) Name of permittee

(B) Permittee ID #

(D) Type of emergency (including interruption of service)

(ii) Authorization numbers shall be kept on site and shall be presented upon the request of any police officer or other City employee authorized by the Commissioner to enforce these rules. Any additional information regarding the emergency work that is requested at the site by a Department inspector shall be provided by the permittee and/or the persons performing such work.

(iii) The fee for obtaining an authorization number shall be thirty dollars ($30.00). Such fee shall be paid within fifteen days of billing. The owner shall be responsible for payment of all fees imposed pursuant to this paragraph.

(iv) Emergency work shall be performed on an around-the-clock basis until the emergency is eliminated, at which time the emergency authorization number expires, as specified in subparagraph (ii) of paragraph (2) of subdivision (g) of 34 RCNY § 2-11.

(v) The person performing such emergency work shall inform the Department's Emergency Authorization Unit within twelve hours of the completion of such emergency work.

(5) Critical roadways: Work restrictions apply Monday through Friday (except for the holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day) at the locations (including intersections) and during the hours listed below:

(i) Manhattan

(A) East/West Roadways – Restricted Access 7:00 a.m. to 8:00 p.m.

1. 8th Street – Avenue of the Americas to Third Avenue

2. 9th Street – Avenue of the Americas to First Avenue

3. 14th Street – Joe DiMaggio Highway to FDR Drive

4. 20th Street – Avenue C to First Avenue

5. 23rd Street – Joe DiMaggio Highway to FDR Drive/Avenue C

6. 25th Street – FDR Drive to First Avenue

7. 30th Street – Joe DiMaggio Highway to FDR Drive

8. 31st Street – Tenth Avenue to Second Avenue

9. 32nd Street – Seventh Avenue to Second Avenue

10. 33rd Street – Joe DiMaggio Highway to First Avenue

11. 34th Street – Joe DiMaggio Highway to FDR Drive

12. 35th Street – Eleventh Avenue to FDR Drive

13. 36th Street – Eleventh Avenue to FDR Drive

14. 37th Street – Eleventh Avenue to FDR Drive

15. 38th Street – Eleventh Avenue to FDR Drive

16. 39th Street – Joe DiMaggio Highway to First Avenue

17. 40th Street – Joe DiMaggio Highway to First Avenue

18. 41st Street – Joe DiMaggio Highway to Avenue of the Americas

19. 42nd Street – Joe DiMaggio Highway to FDR Drive

20. 43rd Street – First Avenue to Lexington Avenue

21. 43rd Street – Vanderbilt Avenue to Joe DiMaggio Highway

22. 44th Street – First Avenue to Lexington Avenue

23. 44th Street – Vanderbilt Avenue to Joe DiMaggio Highway

24. 45th Street – First Avenue to Joe DiMaggio Highway

25. 46th Street – First Avenue to Eighth Avenue

26. 47th Street – First Avenue to Eighth Avenue

27. 48th Street – First Avenue to Eighth Avenue

28. 49th Street – FDR Drive to Joe DiMaggio Highway

29. 50th Street – Beekman Place to Joe DiMaggio Highway

30. 51st Street – First Avenue to Eighth Avenue

31. 52nd Street – First Avenue to Eighth Avenue

32. 53rd Street – FDR Drive to Eighth Avenue

33. 54th Street – First Avenue to Eighth Avenue

34. 55th Street – Sutton Place to Joe DiMaggio Highway

35. 56th Street – Sutton Place to Joe DiMaggio Highway

36. 57th Street – Sutton Place to Joe DiMaggio Highway

37. 58th Street – Sutton Place to Eleventh Avenue

38. 59th Street – Fifth Avenue to Sutton Place

39. 59th Street – West Side Highway to Columbus Avenue

40. 60th Street – FDR Drive to Fifth Avenue

41. 61st Street – FDR Drive to Fifth Avenue

42. 62nd Street – FDR Drive to Fifth Avenue

43. 63rd Street – FDR Drive to Fifth Avenue

44. 65th Street – Central Park West to Fifth Avenue (Transverse Roadway)

45. 65th Street – West End Avenue to York Avenue

46. 66th Street – Central Park West to Fifth Avenue (Transverse Roadway)

47. 66th Street – West End Avenue to York Avenue

48. 71st Street – FDR Drive to York Avenue

49. 72nd Street – Central Park West to Fifth Avenue (Transverse Roadway)

50. 72nd Street – Central Park West to Henry Hudson Parkway

51. 72nd Street – Park Avenue to Fifth Avenue

52. 73rd Street – FDR Drive to York Avenue

53. 79th Street – Central Park West to Fifth Avenue (Transverse Roadway)

54. 79th Street – Henry Hudson Parkway to Broadway

55. 79th Street – Park Avenue to Fifth Avenue

56. 79th Street – York Avenue to FDR Drive

57. 81st Street – Amsterdam Avenue to Central Park West

58. 84th Street – Park Avenue to Fifth Avenue

59. 85th Street – Park Avenue to Fifth Avenue

60. 86th Street – Amsterdam Avenue to Central Park West

61. 86th Street – Central Park West to Fifth Avenue (Transverse Roadway)

62. 92nd Street – FDR Drive to First Avenue

63. 95th Street – Riverside Drive to Broadway

64. 96th Street – FDR Drive to Fifth Avenue

65. 96th Street – Henry Hudson Parkway to Central Park West

66. 97th Street – Central Park West to Fifth Avenue (Transverse Roadway)

67. 97th Street – FDR Drive to Fifth Avenue

68. 97th Street – Henry Hudson Parkway to Central Park West

69. 106th Street – First Avenue to FDR Drive

70. 116th Street – First Avenue to FDR Drive

71. 125th Street – Henry Hudson Parkway to FDR Drive

72. 135th Street – St. Nicholas Avenue to Harlem River Drive

73. 138th Street – Malcolm X Boulevard to Harlem River Drive

74. 145th Street – Riverside Drive to Harlem River Drive

75. 155th Street – Riverside Drive to Harlem River Drive

76. 158th Street – Henry Hudson Parkway to Broadway

77. 165th Street – Riverside Drive to Broadway

78. 178th Street – Fort Washington Avenue to Amsterdam Avenue

79. 179th Street – Fort Washington Avenue to Amsterdam Avenue

80. 181st Street – Riverside Drive to Amsterdam Avenue

81. 207th Street – Broadway to Ninth Avenue

82. Ann Street – Park Row to Gold Street

83. Avenue of the Finest – Rose Street to Pearl Street

84. Barclay Street – West Street to Broadway

85. Battery Place – West Street to Broadway

86. Bayard Street – Baxter Street to Bowery

87. Beach Street – Varick Street to Avenue of the Americas

88. Beekman Street – Park Row to South Street

89. Broome Street – Varick Street to Clinton Street

90. Canal Street – West Street to Essex Street/East Broadway

91. Catherine Street – Bowery/Division Street to South Street

92. Central Park South – Broadway to Fifth Avenue

93. Chambers Street – River Terrace to Centre Street

94. Christopher Street – Joe DiMaggio Highway to Greenwich Avenue/Avenue of the Americas

95. Clarkson Street – Joe DiMaggio Highway to Seventh Avenue

96. Cartlandt Street – Church Street to Broadway

97. Delancey Street – Clinton Street to Bowery

98. Dey Street – Church Street to Broadway

99. Division Street – Bowery to Canal Street

100. Dominick Street – Avenue of the Americas to Hudson Street

101. Dover Street – Pearl Street to South Street

102. Dover Street – Pell Street to Bowery

103. Duane Street – Greenwich Street to Lafayette Street

104. Dyckman Street – Henry Hudson Parkway to Harlem River Drive

105. East Broadway – St. James Place to Grand Street

106. East Drive – Central Park South to Central Park North

107. Exchange Alley – Broadway to Hanover Street

108. Frankfort Street – Park Row to Pearl Street

109. Fulton Street – Church Street to South Street

110. Grand Street – Varick Street to South Street

111. Harrison Street – West Street to Hudson Street

112. Hester Street – Centre Street to Essex Street

113. Houston Street – Joe DiMaggio Highway to FDR Drive

114. John Street – Broadway to South Street

115. Kenmare Street – Lafayette Street to Bowery

116. Liberty Street – South End Avenue to Pearl Street

117. Madison Street – Avenue of the Finest to Grand Street

118. Maiden Lane – Broadway to South Street

119. Montgomery Street – East Broadway to South Street

120. Murray Street – North End Avenue to Broadway

121. Park Place – Greenwich Street to Broadway

122. Pearl Street – Lafayette Street to St. James Place

123. Pine Street – Broadway to South Street

124. Reade Street – Greenwich Street to Centre Street

125. Rector Street – West Street to Broadway

126. Robert F. Wagner Senior Place – Pearl Street to South Street

127. Spring Street – Joe DiMaggio Highway to Bowery

128. Spruce Street – Park Row to Gold Street

129. St. Marks Place – Third Avenue to First Avenue

130. Thomas Street – Hudson Street to Broadway

131. Vesey Street – North End Avenue to Broadway

132. Walker Street – Beach Street to Canal Street

133. Wall Street – Broadway to South Street

134. Warren Street – Greenwich Street to Broadway

135. Watts Street – Broome Street to Hudson Street

136. West Drive – Central Park South to Central Park North

137. Worth Street – Hudson Street to Park Row (Chatham Square)

Note: All service roads abutting highways, parkways, expressway, etc. are considered to be critical streets from 7:00 a.m. to 8:00 p.m.

(B) North/South Roadways – Restricted Access 7:00 a.m. to 8:00 p.m.

1. Allen Street – East Broadway to Houston Street

2. Amsterdam Avenue – 59th Street to 72nd Street

3. Avenue C – 14th Street to 34th Street

4. Avenue of the Americas – Church Street to Central Park South

5. Battery Park Underpass – Joe DiMaggio Highway to South Street

6. Bowery – Worth Street to Third Avenue/6th Street

7. Broad Street – South Street to Wall Street

8. Broadway – Battery Place to 79th Street

9. Central Park West – 59th Street to 66th Street

10. Centre Street – Park Row to Kenmare Street

11. Chrystie Street – Canal Street to Houston Street

12. Church Street – Liberty Street to Canal Street

13. Cleveland Place – Kenmare Street to Lafayette Street

14. Clinton Street – Grand Street to Broome Street

15. Columbus Avenue – 59th Street to 66th Street

16. Eighth Avenue – Hudson Street to Central Park South

17. Eleventh Avenue – Joe DiMaggio Highway to 59th Street

18. Essex Street – Canal Street to Houston Street

19. FDR Drive – Whitehall Street to 125th Street

20. Fifth Avenue – Washington Square North to 139th Street

21. First Avenue – Houston Street to 66th Street

22. First Avenue Tunnel – 41st Street to 49th Street

23. Fourth Avenue – Bowery to 14th Street

24. Gold Street – Maiden Lane to Frankfort Street

25. Greenwich Street – Battery Place to Gansevoort Street

26. Harlem River Drive – 125th Street to Dyckman Street

27. Henry Hudson Parkway – 59th Street to Henry Hudson Bridge

28. Hudson Street – Chambers Street to 14th Street

29. Irving Place – 14th Street to 20th Street

30. Joe DiMaggio Highway – Battery Place to 59th Street (*Restricted Access 6:00 a.m. to 8:00 p.m.)

31. Lafayette Street – Centre Street to 8th Street

32. LaGuardia Place – Houston Street to Washington Square South

33. Lexington Avenue – Gramercy Park North to 129th Street

34. Madison Avenue – 23rd Street to 138th Street

35. Nassau Street – Wall Street to Spruce Street

36. Ninth Avenue – Gansevoort Street to 59th Street

37. Norfolk Street – Grand Street to Delancey Street

38. Park Avenue – 42nd Street to 66th Street

39. Park Avenue South – 17th Street to 42nd Street

40. Park Avenue Tunnel – 33rd Street to 40th Street

41. Park Row – Broadway to Worth Street

42. Pearl Street – State Street to Lafayette Street

43. Pike Street – South Street to East Broadway

44. Second Avenue – Houston Street to 66th Street

45. Seventh Avenue – 11th Street to Central Park South

46. Seventh Avenue South – Houston Street to 11th Street

47. South Street – Whitehall Street to Montgomery Street

48. St. James Place – Pearl Street to Bowery

49. State Street – Whitehall Street to Battery Place

50. Suffolk Street – Grand Street to Delancey Street

51. Sutton Place/Sutton Place South – 53rd Street to 59th Street

52. Tenth Avenue – Joe DiMaggio Highway to 59th Street

53. Third Avenue – Bowery/6th Street to 66th Street

54. Trinity Place – Morris Street to Liberty Street

55. Union Square East – 14th Street to 17th Street

56. Union Square West – 14th Street to 17th Street

57. University Place – 8th Street to 14th Street

58. Vanderbilt Avenue – 42nd Street to 47th Street

59. Varick Street – West Broadway to Houston Street

60. Washington Street – Joseph P. Ward Street to 14th Street

61. Water Street – Whitehall Street to Fulton Street

62. West Broadway – Vesey Street to Houston Street

63. West End Avenue – 59th Street to 72nd Street

64. Whitehall Street – South Street to Broadway

65. William Street – Broad Street to Spruce Street

66. York Avenue – 59th Street to 73rd Street

Note: All service roads abutting highways, parkways, expressway, etc. are considered to be critical streets from 7:00 a.m. to 8:00 p.m.

1. Adam Clayton Powell Boulevard – Central Park North to 155th Street

2. Amsterdam Avenue – 72nd Street to 181st Street

3. Broadway – 79th Street to Ninth Avenue/Harlem River

4. Dyckman Street – Harlem River Drive to Henry Hudson Parkway

5. East End Avenue – 79th Street to 90th Street

6. FDR Drive Southbound Service Road – 92nd Street to 97th Street

7. First Avenue – 66th Street to 125th Street

8. Fort Washington Avenue – Broadway/158th Street to 181st Street

9. Lenox Avenue – Central Park North to 145th Street

10. Riverside Drive – 72nd Street to Dyckman Street

11. Second Avenue – 66th Street to 128th Street/Harlem River Drive

12. St. Nicholas Avenue – Central Park North to 181st Street

13. Tenth Avenue – Dyckman Street to Broadway

14. Third Avenue – 66th Street to 128th Street

15. West End Avenue – 72nd Street to 106th Street

16. York Avenue – 73rd Street to 92nd Street

(D) North/South Roadways – Restricted Access 7:00 a.m. to 10:00 a.m.

1. Central Park West (southbound) – 110th Street/Cathedral Parkway to 72nd Street

2. Columbus Avenue (southbound) – Cathedral Parkway/110th Street to 66th Street

3. Frederick Douglass Boulevard (southbound) – 155th Street to 110th Street

4. Park Avenue (southbound) – 135th Street/Harlem River Drive to 66th Street

(E) North/South Roadways – Restricted Access 4:00 p.m. to 8:00 p.m.

1. Central Park West (northbound) – 72nd Street to 110th Street/Cathedral Parkway

2. Frederick Douglass Boulevard (northbound) – 110th Street/Cathedral Parkway to 155th Street

3. Park Avenue (northbound) – 66th Street to 135th Street/Harlem River Drive

(ii) Brooklyn

(A) Restricted Access 7:00 a.m. to 7:00 p.m.

1. Adams Street – Fulton Street to Prospect Street

2. Belt Parkway (Shore Parkway) – Gowanus Expressway to Queens County Line

3. Boerum Place – Atlantic Avenue to Fulton Street

4. Brooklyn-Queens Expressway – Gowanus Expressway to Kosciusko Bridge

5. Cadman Plaza West – Old Fulton Street to Pierrepont Street

6. Court Street – Pierrepont Street to Atlantic Avenue

7. DeKalb Avenue – Carlton Avenue to Fulton Street

8. Flatbush Avenue – Concord Street/Manhattan Bridge to Grand Army Plaza

9. Fourth Avenue – Shore Road to Flatbush Avenue

10. Furman Street – Old Fulton Street to Atlantic Avenue

11. Gowanus Expressway – Verrazano Bridge to Brooklyn-Queens Expressway/Battery Tunnel

12. Hamilton Avenue – Third Avenue to Van Brunt Street

13. Hicks Street East (northbound) – Hamilton Avenue to Atlantic Avenue

14. Jackie Robinson Parkway – Jamaica Avenue to County Limits

15. Jay Street – Fulton Street to Prospect Street

16. Joralemon Street – Clinton Street to Flatbush Avenue

17. Myrtle Avenue – Jay Street to Carlton Avenue

18. Nostrand Avenue – Kings Highway to Flatbush Avenue

19. Ocean Parkway – Church Avenue to Brighton Beach Avenue

20. Old Fulton Street – Furman Street to Cadman Plaza West

21. Prospect Expressway – Gowanus Expressway to Church Avenue

22. Sands Street – Navy Street to Adams Street

23. Smith Street – Atlantic Avenue to Fulton Street

24. Third Avenue – 65th Street to Flatbush Avenue

25. Tillary Street – Cadman Plaza West to Navy Street

26. Willoughby Street – Carlton Avenue to Adams Street

Note: All service roads abutting highways, parkways, expressway, etc. are considered to be critical streets from 7:00 a.m. to 7:00 p.m.

(B) Restricted Access 7:00 a.m. to 10:00 a.m. / 4:00 p.m. to 7:00 p.m.

1. 17th Street – Third Avenue to Fifth Avenue

2. 39th Street – Second Avenue to Dahill Road

3. 65th Street – Second Avenue to Avenue P

4. 86th Street – Fourth Avenue to McDonald Avenue

5. 92nd Street – Seventh Avenue to Fourth Avenue

6. Atlantic Avenue – Furman Street to Eldert Lane

7. Avenue U – Ocean Parkway to Ralph Avenue

8. Bay Parkway – Shore Parkway to Ocean Parkway

9. Bay Ridge Avenue – Shore Road to Seventh Avenue

10. Bedford Avenue – Flatbush Avenue to Broadway

11. Borinquen Place – Union Avenue to Marcy Avenue

12. Brighton Beach Avenue – Ocean Parkway to Coney Island Avenue

13. Broadway – Kent Avenue to Jamaica Avenue

14. Bushwick Avenue – Jamaica Avenue to Metropolitan Avenue

15. Caton Avenue – Fort Hamilton Parkway to Bedford Avenue

16. Church Avenue – Chester Avenue to Kings Highway

17. Columbia Street – Atlantic Avenue to Hamilton Avenue

18. Coney Island Avenue – Park Circle to Brighton Beach Avenue

19. Cooper Street – Broadway to Irwin Avenue

20. Cropsey Avenue – 14th Avenue to Neptune Avenue

21. Division Street – Kent Avenue to Williamsburg Street East

22. Eastern Parkway – Grand Army Plaza to Atlantic Avenue

23. Emmons Avenue – Shore Boulevard to Knapp Street

24. Empire Boulevard – Flatbush Avenue to Utica Avenue

25. Fifth Avenue – Fourth Avenue/97th Street to Flatbush Avenue

26. Flatbush Avenue – Grand Army Plaza to Gil Hodges Memorial Bridge

27. Flatlands Avenue – Kings Highway to Pennsylvania Avenue

28. Flushing Avenue – Carlton Avenue to Cypress Avenue

29. Fort Hamilton Parkway – 92nd Street to Park Circle

30. Fulton Street – Flatbush Avenue to Broadway

31. Gerritsen Avenue – Avenue U to Nostrand Avenue

32. Grand Street – Roebling Street to Gardner Avenue

33. Greenpoint Avenue – Manhattan Avenue to Kingsland Avenue

34. Havemeyer Street – Broadway to Metropolitan Avenue

35. Highland Boulevard – Bushwick Avenue to Robert Place

36. Humboldt Avenue – Greenpoint Avenue to Maspeth Avenue

37. Jamaica Avenue – Broadway to Eldert Lane

38. Kent Avenue – Williamsburg Street West to Calver Street

39. Kings Highway – Avenue P to Eastern Parkway

40. Kingsland Avenue – Greenpoint Avenue to Maspeth Avenue

41. Knapp Street – Emmons Avenue to Nostrand Avenue

42. Liberty Avenue – Eastern Parkway to 75th Street

43. Linden Boulevard – Bedford Avenue to 78th Street

44. Manhattan Avenue – Broadway to Commercial Street

45. Marcy Avenue – Broadway to Metropolitan Avenue

46. Marcy Avenue – Fulton Street to Flushing Avenue

47. McGuinness Boulevard – Ash Street/Pulaski Bridge to Meeker Avenue

48. Meeker Avenue – Gardner Avenue to Metropolitan Avenue

49. Metropolitan Avenue – Kent Avenue to Scott Avenue

50. Myrtle Avenue – Carlton Avenue to Wychoff Avenue

51. Nassau Street – Flatbush Avenue to Carlton Avenue

52. Neptune Avenue – Cropsey Avenue to Shore Boulevard

53. New Utrecht Avenue – 86th Street to 39th Street

54. New York Avenue – Foster Avenue to Fulton Street

55. North Conduit Avenue – Atlantic Avenue to Sutter Avenue

56. Nostrand Avenue – Emmons Avenue to Kings Highway

57. Ocean Avenue – Emmons Avenue to Flatbush Avenue

58. Park Avenue – Navy Street to Classon Avenue

59. Parkside Avenue – Park Circle to Ocean Avenue/Flatbush Avenue

60. Pennsylvania Avenue – Belt Parkway to Jamaica Avenue

61. Prospect Avenue – Fort Hamilton Parkway to Third Avenue

62. Ralph Avenue – Avenue U to Flatlands Avenue

63. Remsen Avenue – Seaview Avenue to Utica Avenue

64. Rockaway Parkway – Canarsie Veteran's Circle to East New York Avenue

65. Rodney Street – Broadway to Metropolitan Avenue

66. Roebling Street – South 5th Street to Metropolitan Avenue

67. Second Avenue – Wakeman Place to 60th Street

68. Seventh Avenue – 86th Street to 65th Street

69. South Conduit Avenue – Atlantic Avenue to Sutter Avenue

70. Stillwell Avenue – Surf Avenue to Avenue P

71. Surf Avenue – West 17th Street to Ocean Parkway

72. Third Avenue – Shore Road to 65th Street

73. Utica Avenue – Flatbush Avenue to Eastern Parkway

74. Washington Avenue – Lincoln Road to Flushing Avenue

1. Hicks Street – Atlantic Avenue to Old Fulton Street

2. Smith Street – Hamilton Avenue to Atlantic Avenue

(D) Restricted Access 4:00 p.m. to 7:00 p.m.

1. Court Street – Atlantic Avenue to Hamilton Avenue

2. Hicks Street West (southbound) – Congress Street to Hamilton Avenue

(iii) Bronx

(A) Restricted Access 7:00 a.m. to 7:00 p.m.

1. Bronx River Parkway – Bruckner Expressway to 238th Street

2. Bruckner Boulevard – Third Avenue to Bronx River Avenue

3. Bruckner Expressway – Major Deegan Expressway to Hutchinson River Parkway

4. Cross Bronx Expressway – Throgs Neck Expressway to Major Deegan Expressway

5. East 138th Street – Exterior Street to Bruckner Boulevard

6. Henry Hudson Parkway – Henry Hudson Bridge to Westchester County Line

7. Hutchinson River Parkway – Bronx-Whitestone Bridge to Westchester County Line

8. Major Deegan Expressway – Bruckner Expressway to Westchester County Line

9. Mosholu Parkway – Henry Hudson Parkway to Dr. Theodore Kazimiroff Boulevard

10. New England Thruway – Hutchinson River Parkway to Westchester County Line

11. Sheridan Expressway – Bruckner Expressway to Cross Bronx Expressway

12. Throgs Neck Expressway – Throgs Neck Bridge to Bruckner Expressway

Note: All service roads abutting highways, parkways, expressway, etc. are considered to be critical streets from 7:00 a.m. to 7:00 p.m.

(B) Restricted Access 7:00 a.m. to 10:00 a.m. / 4:00 p.m. to 7:00 p.m.

1. Bailey Avenue – Sedgwick Avenue to Van Cortlandt Park South

2. Barretto Avenue – Garrisson Avenue to Bruckner Boulevard

3. Bartow Avenue – Gun Hill Road to Hutchinson River Parkway East

4. Baychester Avenue – East 241st Street to Hutchinson River Parkway West

5. Boston Road – Third Avenue to Ropes Avenue

6. Broadway – West 225th Street to West 262nd Street

7. Bronx Boulevard – East 233rd Street to Burke Avenue

8. Bronx Park East – Burke Avenue to White Plains Road

9. Bronx River Avenue – Story Avenue to Westchester Avenue

10. Bruckner Boulevard – Bronx River Avenue to Westchester Avenue

11. Brush Avenue – Cross Bronx Expressway to Lafayette Avenue

12. Burnside Avenue – Sedgwick Avenue to Webster Avenue

13. Castle Hill Avenue – East Tremont Avenue to Hart Street

14. City Island Avenue – Sutherland Street to Belden Street

15. City Island Road – Pelham Parkway to Sutherland Street

16. Conner Avenue – Tillotson Avenue to East 233rd Street

17. Co-op City Boulevard – Tillotson Avenue to Bartow Avenue

18. Dewey Avenue – Balcom Avenue to Hollywood Avenue

19. Dr. Theodore Kazimiroff Boulevard – East Fordham Road to Bronx Park East

20. Dyre Avenue – Lustre Street to Boston Road

21. East 149th Street – River Avenue to Southern Boulevard

22. East 161st Street – Jerome Avenue to Third Avenue

23. East 163rd Street – Webster Avenue to Bruckner Boulevard

24. East 177th Street – Ferris Avenue to Harding Avenue

25. East 177th Street – Rodman Place to Rosedale Avenue

26. East 222nd Street – Bronx Boulevard to Baychester Avenue

27. East 233rd Street – Jerome Avenue to Boston Road

28. East 241st Street – Bullard Avenue to Baychester Avenue

29. Eastchester Road – East 222nd Street to Williamsbridge Road

30. Edson Avenue – Boston Road to East Gun Hill Road

31. Edward L. Grant Highway – Jerome Avenue to University Avenue

32. Featherbed Lane – University Avenue to Macombs Road

33. Ferris Avenue – Bronx Whitestone Bridge Plaza to Lafayette Avenue

34. Fordham Road – Cedar Avenue to Boston Road

35. Garrisson Avenue – Leggett Avenue to Edgewater Road

36. Grand Avenue – Macombs Road to West 177th Street

37. Grand Concourse – 138th Street to Mosholu Parkway

38. Gun Hill Road – Mosholu Parkway Service Road to Stillwell Avenue

39. Hunts Point Avenue – Halleck Street to Bruckner Boulevard

40. Hutchinson River Parkway East – Baychester Avenue to Bartow Avenue

41. Hutchinson River Parkway West – Baychester Avenue to Bartow Avenue

42. Jarvis Avenue – Burke Avenue to Country Club Road

43. Jerome Avenue – East 161st Street to East 233rd Street

44. Kingsbridge Road – Bailey Avenue to East Fordham Road

45. Lafayette Avenue – Brush Avenue to Ellsworth Avenue

46. Lafayette Avenue – Edgewater Road to Bruckner Boulevard

47. Leggett Avenue – Garrisson Avenue to Bruckner Boulevard

48. Longwood Avenue – Garrisson Avenue to Bruckner Boulevard

49. Melrose Avenue – East 149th Street to Brook Avenue

50. Metropolitan Avenue – Westchester Avenue to Castle Hill Avenue

51. Middletown Road – Westchester Avenue to Bruckner Boulevard

52. Morris Park Avenue – East 177th Street to Eastchester Road

53. Mosholu Avenue – West 254th Street to Broadway

54. Mosholu Parkway Service Road – Webster Avenue to West Gun Hill Road/Van Cortlandt Park South

55. Nereid Avenue – Bronx Boulevard to Seton Avenue

56. Pelham Parkway – Boston Road to Burr Avenue

57. Pelham Parkway – Hutchinson River Parkway to City Island Road

58. Riverdale Avenue – West 252nd Street to West 263rd Street

59. Rosedale Avenue – Sound View Avenue to East Tremont Avenue

60. Sedgwick Avenue (Dr. Martin Luther King Boulevard) – Jerome Avenue to Mosholu Parkway

61. Shore Road – City Island Road to Park Drive

62. Sound View Avenue – Metcalf Avenue to White Plains Road

63. Southern Boulevard – Bruckner Boulevard to East Fordham Road

64. Third Avenue – Bruckner Boulevard to Webster Avenue/West Fordham Road

65. Throgs Neck Boulevard – Harding Avenue to Layton Avenue

66. Tillotson Avenue – Eastchester Road to Hutchinson Avenue

67. Tremont Avenue – Sedgwick Avenue to Schurz Avenue

68. Union Port Road – White Plains Road to Westchester Avenue

69. University Avenue – Sedgwick Avenue (Dr. Martin Luther King Boulevard) to Kingsbridge Road

70. Van Cortlandt Park South – Broadway to Mosholu Parkway Service Road

71. Webster Avenue – Brook Avenue to Nereid Avenue

72. West 225th Street – Broadway to Bailey Avenue

73. West 230th Street – Broadway to Bailey Avenue

74. West 230th Street – East Henry Hudson Parkway to West Henry Hudson Parkway Service Roads

75. West 231st Street – Broadway to Bailey Avenue

76. West 232nd Street – East Henry Hudson Parkway to West Henry Hudson Parkway Service Roads

77. West 233rd Street – Broadway to Bailey Avenue

78. West 234th Street – Broadway to Bailey Avenue

79. West 238th Street – Broadway to Bailey Avenue

80. West 239th Street – East Henry Hudson Parkway to West Henry Hudson Parkway Service Roads

81. West 246th Street – East Henry Hudson Parkway to West Henry Hudson Parkway Service Roads

82. West 252nd Street – East Henry Hudson Parkway to West Henry Hudson Parkway Service Roads

83. West 256th Street – East Henry Hudson Parkway to West Henry Hudson Parkway Service Roads

84. Westchester Avenue – Third Avenue to Bruckner Expressway

85. White Plains Road – East 243rd Street to Sound View Avenue

86. Whitlock Avenue – Westchester Avenue to East 163rd Street

87. Williamsbridge Road – White Plains Road to Westchester Avenue

88. Willis Avenue – Bruckner Boulevard to 149th Street

(iv) Queens

(A) Restricted Access 7:00 a.m. to 7:00 p.m.

1. Belt Parkway – Laurelton Parkway to Brooklyn County Line

2. Brooklyn-Queens Expressway – Kosciusko Bridge to Grand Central Parkway

3. Clearview Expressway – Cross Island Parkway to Grand Central Parkway

4. Cross Island Parkway – Bronx-Whitestone Bridge Approach to Southern State Parkway

5. Grand Central Parkway – Triboro Plaza to Nassau County Line

6. Jackie Robinson Parkway – Brooklyn County Line to Grand Central Parkway/Van Wyck Expressway Interchange

7. JFK Expressway – Belt Parkway to JFK Airport

8. Laurelton Parkway – Southern State Parkway to Belt Parkway

9. Long Island Expressway – Brooklyn-Queens Expressway to Nassau County Line (*Restricted Access 6:00 a.m. to 8:00 p.m.

10. Nassau Expressway – Rockaway Boulevard to Belt Parkway

11. Queens Plaza North – Northern Boulevard to Crescent Street

12. Queens Plaza South – Crescent Street to Jackson Avenue

13. Van Wyck Expressway – Grand Central Parkway/Whitestone Expressway to JFK Airport

14. Whitestone Expressway – Cross Island Parkway to Grand Central Parkway/Van Wyck Expressway Interchange

Note: All service roads abutting highways, parkways, expressway, etc. are considered to be critical streets from 7:00 a.m. to 7:00 p.m.

(B) Restricted Access 7:00 a.m. to 10:00 a.m. / 4:00 p.m. to 7:00 p.m.

1. 14th Avenue – College Point Boulevard to Francis Lewis Boulevard

2. 21st Street – Borden Avenue to Ditmars Boulevard

3. 27th Street – Queens Plaza South to 44th Drive

4. 31st Drive – Astoria Boulevard to Ditmars Boulevard

5. 31st Street – 39th Avenue to Ditmars Boulevard

6. 34th Avenue – Vernon Boulevard to Northern Boulevard

7. 37th Avenue – 108th Street to 114th Street

8. 37th Avenue – College Point Boulevard to Union Avenue

9. 38th Avenue – College Point Boulevard to Union Avenue

10. 39th Avenue – College Point Boulevard to Union Avenue

11. 39th Street – Northern Boulevard to Hunters Point Avenue

12. 44th Drive – Vernon Boulevard to Jackson Avenue

13. 48th Street – Greenpoint Avenue to Northern Boulevard

14. 49th Avenue – Vernon Boulevard to 21st Street

15. 50th Avenue – Vernon Boulevard to 21st Street

16. 51st Avenue – Hunters Point Avenue to 58th Street

17. 58th Street – Maspeth Avenue to Queens Boulevard

18. 69th Road – Queens Boulevard to Park Drive East

19. 69th Street – Broadway to Metropolitan Avenue

20. 73rd Avenue – Kissena Boulevard to Springfield Boulevard

21. 80th Street – Cooper Avenue to Furmanville Avenue

22. 82nd Street – Ditmars Boulevard to Roosevelt Avenue

23. 94th Street – Ditmars Boulevard to 32nd Avenue

24. 108th Street – Astoria Boulevard to Queens Boulevard

25. 114th Street – Northern Boulevard to 44th Avenue

26. 130th Avenue – 238th Street to Brookville Boulevard

27. 130th Street – South Conduit Avenue to North Conduit Avenue

28. 150th Street – Rockaway Boulevard to South Conduit Avenue

29. 164th Street – Hillside Avenue to Northern Boulevard

30. 225th Street – North Conduit Avenue to South Conduit Avenue

31. Archer Avenue – 138th Street to Merrick Boulevard

32. Astoria Boulevard – 82nd Street to Northern Boulevard

33. Astoria Boulevard North – 31st Street to 82nd Street

34. Astoria Boulevard South – 31st Street to 82nd Street

35. Atlantic Avenue – Eldert Lane to 94th Avenue

36. Beach 20th Street – Seagirt Boulevard to Mott Avenue

37. Beach Channel Drive – Cronstone Avenue to Horton Avenue

38. Bell Boulevard – 158th Street to 86th Avenue

39. Booth Memorial Avenue – College Point Boulevard to Long Island Expressway

40. Borden Avenue – Vernon Boulevard to Greenpoint Avenue

41. Braddock Avenue – Springfield Boulevard to Jericho Turnpike

42. Broadway – Vernon Boulevard to Queens Boulevard

43. Brookville Boulevard – South Conduit Avenue to Francis Lewis Boulevard

44. Caldwell Avenue – 69th Street to Dry Harbor Road

45. Central Avenue – Mott Avenue to Virginia Street

46. College Point Boulevard – 14th Avenue to Long Island Expressway

47. Commonwealth Boulevard – Littleneck Parkway to Hillside Avenue

48. Continental Avenue – Metropolitan Avenue to Queens Boulevard

49. Cooper Avenue – Irving Avenue to Woodhaven Boulevard

50. Crescent Street – 39th Avenue to 44th Drive

51. Cronston Avenue – Beach 169th Street to Beach Channel Drive

52. Cross Bay Boulevard – Woodhaven Boulevard to Rockaway Beach Boulevard

53. Cypress Hills Street – Fresh Pond Road to Jamaica Avenue

54. Ditmars Boulevard – 21st Street to Astoria Boulevard

55. Douglaston Parkway – Northern Boulevard to Winchester Boulevard

56. Dry Harbor Road – Furmanville Avenue to Woodhaven Boulevard

57. Edgemere Avenue – Fernside Place to Rockaway Beach Boulevard

58. Eliot Avenue – Metropolitan Avenue to Queens Boulevard

59. Elmhurst Avenue – 108th Street to Broadway

60. Farmers Boulevard – Hollis Avenue to Rockaway Boulevard

61. Flushing Avenue – Cypress Avenue to Grand Avenue

62. Francis Lewis Boulevard – 15th Avenue to Hooks Creek Boulevard

63. Fresh Pond Road – Maspeth Avenue to Myrtle Avenue

64. Grand Avenue – 47th Street to Queens Boulevard

65. Greenpoint Avenue – Review Avenue to Queens Boulevard

66. Guy R. Brewer Boulevard – Jamaica Avenue to Rockaway Boulevard

67. Hempstead Turnpike – Jamaica Avenue to Cross Island Parkway

68. Hillside Avenue – Myrtle Avenue to Langdale Street

69. Hollis Avenue – Jamaica Avenue to Springfield Boulevard

70. Hollis Court Boulevard – Utopia Parkway to Francis Lewis Boulevard

71. Hollis Hill Terrace – 73rd Avenue to 86th Avenue

72. Home Lawn Street – Hillside Avenue to 82nd Road

73. Hook Creek Boulevard – Francis Lewis Boulevard to Merrick Boulevard

74. Hoyt Avenue North – 21st Avenue to 31st Street

75. Hoyt Avenue South – 21st Avenue to 31st Street

76. Hunters Point Avenue – 21st Street to 51st Avenue

77. Jackson Avenue – 51st Avenue to Queens Boulevard

78. Jamaica Avenue – Eldert Lane to Jericho Turnpike

79. Jewel Avenue – 108th Street to 73rd Avenue

80. Junction Boulevard – 32nd Avenue to Queens Boulevard

81. Kissena Boulevard – Main Street to Parsons Boulevard

82. Laurel Hill Boulevard – Review Avenue to Queens Boulevard

83. Lefferts Boulevard – South Conduit Avenue to Queens Boulevard

84. Liberty Avenue – 75th Street to Farmers Boulevard

85. Linden Boulevard – Rockaway Boulevard to Cross Island Parkway

86. Linden Place – 23rd Avenue to Northern Boulevard

87. Little Neck Parkway – Jamaica Avenue to Marathon Parkway

88. Main Street – Northern Boulevard to Queens Boulevard

89. Marathon Parkway – Littleneck Parkway to Commonwealth Boulevard

90. Maurice Avenue – Maspeth Avenue to 69th Street

91. Merrick Boulevard – Hillside Avenue to Hook Creek Boulevard

92. Metropolitan Avenue – Onderdonk Avenue to Jamaica Avenue

93. Myrtle Avenue – Wychoff Avenue to Jamaica Avenue

94. North Conduit Avenue – Sutter Avenue to Hook Creek Boulevard

95. Northern Boulevard – Queens Plaza North to City Limits

96. Park Drive East – Union Turnpike to 136th Street

97. Parsons Avenue – Parsons Boulevard to Utopia Parkway

98. Parsons Boulevard – North Drive to Jamaica Avenue

99. Queens Boulevard – Jackson Avenue to Jamaica Avenue

100. Queens Plaza East – Queens Boulevard to 39th Avenue

101. Queens Plaza North – Crescent Street to 21st Street

102. Queens Plaza South – Vernon Boulevard to Crescent Street

103. Rockaway Beach Boulevard – Beach 149th Street to Beach Channel Drive

104. Rockaway Boulevard – Eldert Lane to 3rd Street

105. Rockaway Freeway – Beach Channel Drive to Regina Avenue

106. Rockaway Point Boulevard/Rockaway Breezy Boulevard – Beach 222nd Street to Beach 193rd Street

107. Roosevelt Avenue – Queens Boulevard to Northern Boulevard

108. Sanford Avenue – College Point Boulevard to Northern Boulevard

109. Seagirt Boulevard – Edgemere Avenue to Beach 6th Street

110. Skillman Avenue – Hunters Point Avenue to Roosevelt Avenue

111. South Conduit Avenue – Sutter Avenue to Hook Creek Boulevard

112. South Road – Sutphin Boulevard to Liberty Avenue

113. Spencer Avenue – 86th Avenue to Springfield Boulevard

114. Springfield Boulevard – Northern Boulevard to 47th Avenue

115. State Road – Beach 193rd Street to Beach 169th Street

116. Steinway Street – Ditmars Boulevard to Northern Boulevard

117. Sutphin Boulevard – Hillside Avenue to Rockawy Boulevard

118. Thomson Avenue – Jackson Avenue to Van Dam Street

119. Union Street – Sanford Avenue to Willets Point Boulevard

120. Union Turnpike – Myrtle Avenue to Langdale Street

121. Utopia Parkway – 14th Avenue to 82nd Road

122. Van Dam Street – Greenpoint Avenue to Skillman Avenue

123. Vernon Boulevard – 21st Street to 51st Avenue

124. West Alley Road – 230th Street to Douglaston Parkway

125. Willets Point Boulevard – Union Street to Utopia Parkway

126. Woodhaven Boulevard – Queens Boulevard to Liberty Avenue

127. Yellowstone Boulevard – Woodhaven Boulevard to Queens Boulevard

(v) Staten Island

(A) Restricted Access 7:00 a.m. to 7:00 p.m.

1. Amboy Road – Richmond Road to Arden Avenue

2. Arthur Kill Road – Richmond Road to Bloomingdale Road

3. Bay Street – School Road to Richmond Terrace

4. Forest Avenue – Victory Boulevard to Richmond Avenue

5. Forest Hill Road – Richmond Avenue to Willowbrook Road

6. Hylan Boulevard – Midland Avenue to Tysens Lane

7. Richmond Road – Targee Street to Arthur Kill Road

8. Richmond Terrace – Bay Street to Morningstar Road

9. Staten Island Expressway – Verrazano Narrows Bridge to Goethals Bridge

10. Todt Hill Road – Richmond Road to Westwood Avenue

11. Travis Avenue – Richmond Avenue to South Avenue

12. Victory Boulevard – Bay Street to West Service Road

13. West Shore Expressway – Richmond Parkway to Staten Island Expressway

14. Woolley Avenue – Willowbrook Road to North Gannon Avenue

Note: All service roads abutting highways, parkways, expressway, etc. are considered to be critical streets from 7:00 a.m. to 7:00 p.m.

(B) Restricted Access 7:00 a.m. to 10:00 a.m. / 4:00 p.m. to 7:00 p.m.

1. Amboy Road – Arden Avenue to Main Street

2. Arden Avenue – Hylan Boulevard to Arthur Kill Road

3. Arthur Kill Road – Bloomingdale Road to Main Street

4. Bloomingdale Road – Amboy Road to Arthur Kill Road

5. Bradley Avenue – Brielle Avenue to Victory Boulevard

6. Brielle Avenue – Manor Road to Rockland Avenue

7. Castleton Avenue – Jersey Street to Port Richmond Avenue

8. Clarke Avenue – Amboy Road to Arthur Kill Road

9. Clove Road – Hylan Boulevard to Richmond Road

10. Clove Road – Narrows Road South to Richmond Terrace

11. Dr. Martin Luther King Jr. Expressway – Victory Boulevard to Bayonne Bridge

12. Fahy Avenue – South Avenue to Richmond Avenue

13. Fingerboard Road – Hylan Boulevard to Bay Street

14. Forest Avenue – Richmond Avenue to South Avenue

15. Giffords Lane – Amboy Road to Arthur Kill Road

16. Goethals Road North – Richmond Avenue to Western Avenue

17. Howard Avenue – Clove Road to Louis Street

18. Huguenot Avenue – Hylan Boulevard to Arthur Kill Road

19. Hylan Boulevard – Bay Street to Midland Avenue

20. Hylan Boulevard – Tysens Lane to Arden Avenue

21. Jewett Avenue – Victory Boulevard to Richmond Terrace

22. Korean War Memorial Parkway/Richmond Parkway – Outerbridge Crossing to Arthur Kill Road

23. Little Clove Road – Clove Road to Victory Boulevard

24. Manor Road – Rockland Avenue to Forest Avenue

25. Midland Avenue – Father Capodanno Boulevard to Richmond Road

26. Morningstar Road – Forest Avenue to Richmond Terrace

27. Narrows Road North – Fingerboard Road to Clove Road

28. Narrows Road South – Clove Road to Lily Pond Avenue

29. Nelson Avenue – Hylan Boulevard to Amboy Road

30. New Dorp Lane – Mill Road to Richmond Road

31. North Gannon Avenue – Slosson Avenue to Victory Boulevard

32. Ocean Terrace – Manor Road to Milford Drive

33. Page Avenue – Hylan Boulevard to South Bridge Street

34. Port Richmond Avenue – Forest Avenue to Richmond Terrace

35. Richmond Avenue – Forest Avenue to Hylan Boulevard

36. Richmond Hill Road – Richmond Road to Richmond Avenue

37. Richmond Terrace – South Avenue to Morningstar Road

38. Rockland Avenue – Richmond Road to Richmond Avenue

39. Schmidts Lane – Manor Road to Slosson Avenue

40. Seguine Avenue – Hylan Boulevard to Amboy Road

41. Slosson Avenue – Westwood Avenue to Martling Avenue

42. South Avenue – Chelsea Road to Richmond Terrace

43. South Gannon Avenue – Victory Boulevard to Manor Road

44. West Fingerboard Road – Hylan Boulevard to Richmond Road

45. Western Avenue – Gulf Avenue to Richmond Terrace

46. Willowbrook Road – Victory Boulevard to Forest Avenue

47. Windsor Road – Little Clove Road to Slosson Avenue

1. Father Capodanno Boulevard (northbound) – Midland Avenue to Ocean Avenue

2. Lily Pond Avenue (northbound) – Ocean Avenue to Tompkins Avenue

3. School Road (northbound) – Tompkins Avenue to Bay Street

4. Targee Street – Richmond Road to Van Duzer Street

(D) Restricted Access 4:00 p.m. to 7:00 p.m.

1. Ebbitts Street – Mill Road to Hylan Boulevard

2. Father Capodanno Boulevard (southbound) – Ocean Avenue to Lincoln Avenue

3. Lily Pond Avenue (southbound) – Tompkins Avenue to Ocean Avenue

4. Lincoln Avenue – Father Capodanno Boulevard to Hylan Boulevard

5. School Road (southbound) – Bay Street to Tompkins Avenue

6. St. Paul's Avenue – Hyatt Street to Van Duzer Street

7. Tysens Lane – Mill Road to Hylan Boulevard

8. Van Duzer Street – St. Paul's Avenue to Richmond Terrace

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 3/6/2019, eff. 4/5/2019)

§ 2-08 Newsracks.

(a) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) Newsrack. "Newsrack" shall mean any self-service or coin-operated box, container or other dispenser installed, used or maintained for the display, sale or distribution of newspapers or other written matter to the general public.

(2) Person. "Person" shall mean a natural person, partnership, corporation, limited liability company or other association.

(3) Sidewalk. "Sidewalk" shall mean that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, but not including the curb, intended for the use of pedestrians.

(4) Crosswalk. "Crosswalk" shall mean that part of a roadway, whether marked or unmarked, which is included within the extension of the sidewalk lines between opposite sides of the roadway at an intersection.

(5) Crosswalk area. "Crosswalk area" shall mean that area of the sidewalk bounded by the extension of the lines of a crosswalk onto the sidewalk up to the building or property line.

(6) Corner area. "Corner area" shall mean that area of a sidewalk encompassed by the extension of the building lines to the curb on each corner.

(7) Board. "Board" shall mean the environmental control board of the city of New York.

(8) Multiple-vending newsrack. A newsrack designed to hold two or more different publications.

(9) Owner. When applied to newsracks, "owner" shall mean a person who owns or is in control of one or more newsracks placed, installed or maintained on a sidewalk. Each newsrack shall have a single owner for purposes of complying with this section and the provisions of § 19-128.1 of the New York City Administrative Code.

(b) Placement.

(1) Manner.

(i) Newsracks shall be weighted down on all sidewalks in such a way as to insure that the newsrack cannot be tipped over.

(ii) Newsracks shall not be bolted to the sidewalk, except that multiple-vending newsracks may be bolted pursuant to a permit from the Department, except as provided in paragraph 2 of this subdivision b.

(iii) A newsrack may not be chained to property owned or maintained by the city, except that newsracks may be chained to lampposts (except for decorative lampposts). A newsrack so chained must not be in an unlawful location as specified in subdivision (c) of this section. To the extent an owner seeks to chain such newsrack to property not owned or maintained by the city, the consent of the owner of or person responsible for such property is required. In all cases where the use of chains to secure newsracks is permitted, such chains shall be made of galvanized steel with a plastic or rubber protective coating, at least 0.14 inches thick, and shall allow a distance of no more than eight (8) inches between the newsrack and the street furniture to which it is chained.

(2) Distinctive sidewalks. Multiple-vending newsracks may be bolted to sidewalks comprised of distinctive material, including, but not limited to, granite, terrazzo or bluestone, pursuant to a permit from the Department and provided that the written permission of the property owner or other entity that installed the distinctive sidewalk is obtained in advance of such bolting.

(3) Sidewalk repair and restoration. An owner shall be responsible for any damage caused or repairs necessitated by the installation, presence or maintenance of such newsrack. Such owner also shall be responsible for any damage caused or repairs necessitated by the removal of a newsrack by either such owner or by an authorized officer or employee of the Department or of any city agency who is designated by the Commissioner, or by a police officer. Such repairs shall be made promptly and in accordance with the Standard Specifications, Standard Detail Drawings, and Instructions for Filing Plans and Guidelines for the Design of Sidewalks, Curbs, Roadways and Other Infrastructure Components, or as otherwise directed by the Commissioner.

(4) Notification to the Department of location of newsracks.

(i) Where a newsrack has been placed or installed on a sidewalk before September 13, 2004, the owner shall, by November 1, 2004, have notified the Department by facsimile, electronically or by other means as directed by the Commissioner and on a form approved or provided by the Commissioner, of

(A) the location of such newsrack;

(B) the name of the newspaper(s) or written matter to be offered for distribution in such newsrack; and

(C) the name, address, telephone number, and e-mail address of the owner. The name and address shall be identical to the name and address for mailing of process in the owner's Certificate of Incorporation or Application for Authority to do business in New York State. The owner shall represent that such newsracks comply with the provisions of this section and § 19-128.1 of the New York City Administrative Code.

(ii) Any other owner shall, at least seven (7) days prior to the installation of its first newsrack, provide to the Department the indemnification notification and insurance certification required pursuant to subdivision f of this section and the information required in clauses (B) and (C) of subparagraph (i) of this paragraph.

(iii) Subsequent to the initial notification required by subparagraphs (i) and (ii) of this paragraph, notification shall be made on an annual basis by November 1 of each year and shall include the information in clauses (A), (B), and (C) of subparagraph (i) of this paragraph.

(iv) If the number of newsracks owned or controlled by an owner increases or decreases by ten (10) percent or more of the number of newsracks that have been included in the most recent notification required to be submitted by such owner, such owner shall also be required to submit the information in clauses (A), (B), and (C) of subparagraph (i) of this paragraph within seven (7) days of such change.

(v) An owner shall advise the Department of any change in his, her or its name, address, telephone number, or email address within seven (7) days of such change including any changes to the Certificate of Incorporation or Application for Authority to do business in New York State.

(1) within fifteen (15) feet of any fire hydrant;

(2) in any driveway or within five (5) feet of any driveway;

(3) in any curb cut designed to facilitate street access by disabled persons or within two feet of any such curb cut;

(4) within fifteen (15) feet of the entrance or exit of any railway station or subway station, except that a newsrack that otherwise complies with this subdivision may be placed against the rear of the station entrance or exit, but not against the sides;

(5) within any bus stop;

(6) within a crosswalk area;

(7) within a corner area or within five (5) feet of any corner area;

(8) on any surface where such installation or maintenance will cause damage to or interference with the use of any pipes, vault areas, telephone or electrical cables or other similar locations;

(9) on any cellar door, grating, utility maintenance cover or other similar locations;

(10) on, in or over any part of the roadway of any public street;

(11) unless eight (8) feet of sidewalk width is preserved for unobstructed pedestrian passage;

(12) in any park or on any sidewalk immediately contiguous to a park where such sidewalk is an integral part of the park design;

(13) on any area of lawn, flowers, shrubs, trees or other landscaping or in such a manner that use of the newsrack would cause damage to such landscaping;

(14) where such placement, installation or maintenance endangers the safety of persons or property;

(15) at any distance less than eighteen (18) inches or more than twenty-four (24) inches from the face of the curb, measured to the side of the newsrack closest to the curb (This paragraph shall not apply to a newsrack placed against the rear of the entrance or exit of a subway or railway as provided in paragraph 4, above.);

(16) within five (5) feet of a canopy; and

(17) within fifteen (15) feet of a sidewalk newsstand.

(d) Size, shape and appearance.

(1) Dimensions. No newsrack may be higher than fifty (50) inches, wider than twenty-four (24) inches or deeper than twenty-four (24) inches. Notwithstanding the above, no multiple-vending newsrack shall be higher than sixty (60) inches, wider than ninety (90) inches or deeper than thirty-six (36) inches.

(2) Identifying information required. The owner shall affix his, her or its name, address, telephone number and e-mail address, if any, on the newsrack in a readily visible location and shall conform such information to any changes required to be reported to the department in accordance with the provisions of paragraph (4) of subdivision (b) of this section. In no event shall a post office box be considered an acceptable address for purposes of this paragraph.

(3) Advertisements prohibited. The surfaces of the newsrack shall not include any advertisement, whether painted, posted, or otherwise affixed thereto, or be used for promotional purposes, except for announcing the name and/or website of the newspaper or other written matter offered for distribution in such newsrack.

(4) Electricity. No electricity shall be run into a newsrack nor shall any connection for electrical purposes be installed in or on a newsrack.

(e) Maintenance. The owner shall be responsible for the following:

(1) Certification. The owner shall certify to the commissioner on forms prescribed by the commissioner that each newsrack has been repainted, or that best efforts have been made to remove graffiti and other unauthorized writing, painting, drawing or other markings or inscriptions, at least once during the immediately preceding four (4) month period. Such certification shall be submitted on January 15, May 15 and September 15 of each year for the four (4) month period ending on the last day of the preceding month. A separate certification form shall be submitted for the newsracks dispensing a particular publication.

(2) Logs and records. Each owner shall maintain for each publication a separate log in which the measures taken to remove graffiti and other unauthorized writing, painting, drawing or other markings or inscriptions and the dates and times when they are taken are recorded in accordance with a format approved or set forth by the commissioner. Records shall be maintained for a period of three (3) years documenting the use of materials, employees, contractors, other resources and expenditures used for the purpose of demonstrating the repainting or best efforts to remove graffiti and other unauthorized writing, painting, drawing or other markings or inscriptions. Such logs and records shall be made available to the department for inspection and copying during normal and regular business hours and shall be delivered to the department upon request.

(3) Refuse. No refuse shall accumulate in a newsrack nor shall any newsrack deteriorate into an unsanitary condition. The owner shall remove refuse within forty-eight (48) hours of receipt of a notice of correction from the Commissioner, which shall be deemed to have been received five (5) days from the date on which it was mailed by the Commissioner.

(4) Damage. A damaged newsrack or one in need of repair shall be repaired, replaced or removed within seven (7) business days of receipt of a notice of correction regarding such damage or need for repair, except that if such damaged newsrack poses a danger to persons or property, it shall be made safe within twenty-four (24) hours following receipt of such notice of correction, which shall be deemed to have been received five (5) days from the date on which it was mailed by the Commissioner.

(5) Continuous use. In no event shall the owner fail to keep such newsrack supplied with written matter for a period of more than seven (7) consecutive days without securing the door so as to prevent the deposit of refuse therein. Notwithstanding the securing of the door, in no event shall such newsrack remain empty for a total period of more than thirty (30) consecutive days. Any newsrack empty for longer than such period shall be deemed abandoned.

(f) Indemnification and insurance.

(1) Indemnification. The owner of a newsrack placed or installed on any sidewalk shall indemnify and hold the City harmless from any and all losses, costs, damages, expenses, claims, judgments or liabilities that the City may incur by reason of the placement, installation or maintenance of such newsrack, except to the extent such damage results from the negligence or intentional act of the city. In addition to the insurance certificate submitted pursuant to paragraph 3 of this subdivision f, the owner shall submit by regular mail an indemnification notification on a form provided by the Commissioner.

(2) Insurance. The owner shall procure and maintain, for as long as the newsrack remains on City property, a commercial general liability insurance policy from an insurer licensed to do business in the State of New York in his or her or its name, which names the City of New York, its departments, boards, officers, employees and agents as additional insureds for the specific purpose of indemnifying and holding harmless those additional insureds from and against any losses, costs, damages, expenses, claims, judgments or liabilities that result from or arise out of the placement, installation and/or maintenance of such newsrack. The minimum limits of such insurance coverage shall be no less than $300,000 combined single limit for bodily injury, including death, and property damage, dedicated exclusively to the liabilities relating to such newsracks, except that any person who maintains an average of 100 or more newsracks at any one time shall maintain a minimum insurance coverage of $1 million dedicated exclusively to such liabilities. All insurance policies shall be endorsed to provide that (a) the City shall have no obligation whatever to provide notice to the insurance company of any occurrence or claim, and that the City's notice to the insurance company of the commencement of a lawsuit against the City, if required, shall be deemed timely if received within 180 days thereof; and (b) notice by any other insured of the commencement of any lawsuit against such insured shall constitute notice on behalf of the City as well.

(3) Insurance certificate. An insurance certificate shall be submitted to the Commissioner by the owner within sixty (60) days after the effective date of § 19-128.1 of the New York City Administrative Code, and thereafter, by December 31 of each year or by the expiration date of the policy, whichever is earlier, certifying that the insurance required by paragraph 2 of this subdivision f is in place for all newsracks owned by such person. When a newsrack that is not covered by such insurance is placed or installed on a sidewalk after the effective date of such § 19-128.1, the owner shall, within sixty (60) days after the effective date of § 19-128.1 of the New York City Administrative Code or within ten (10) days of the installation of such newsrack, whichever is later, provide to the Department the insurance certification required pursuant to this subdivision f. Acceptance by the Commissioner of any insurance certificate, whether or not conforming to the requirements of paragraph 2 of this subdivision f, shall not relieve the owner of his, her or its obligation to actually provide such insurance. The certificate shall provide that no cancellation, termination or alteration shall be made without thirty (30) days' advance written notice to the Department.

(g) Violations and removal. Violations of the provisions of § 19-128.1 of the Administrative Code or these rules shall be enforced and the newsracks shall be removed by the Commissioner pursuant to provisions of subdivision f of such § 19-128.1 and any other applicable provisions of law. The City shall charge the owner for the cost of removal and storage. The charge for removal shall be $50 per newsrack. The storage charge shall be $1.40 per newsrack per day.

(h) Notices. All notices of violation required to be served on the owner pursuant to these rules or § 19-128.1 of the Administrative Code shall be served as required by law. Notices of correction shall be served upon the address provided pursuant to the registration provisions in these rules. In the absence of the required registration information, service shall be made on the entity identified on the newsrack or in the publication found in the newsrack.

(Amended City Record 7/8/2016, eff. 8/7/2016)

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