§ 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.

   (c)   Conditions.

      (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

            (C)   34th Street: West side of Fifth Avenue to East side of Eighth Avenue

            (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

            (C)   Park Avenue: East 46th Street to East 60th 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

            (C)   Plaza Street: Eastern Parkway to Prospect Park West

            (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

            (C)   Richmond Avenue: Richmond Terrace to Forest Avenue

            (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;

            (C)   description of the frame, wind bracing assembly and sidewalk and building fastenings;

            (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.

   (c)   Conditions.

      (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;

            (C)   date of commencement of crane operation and estimated completion date;

            (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)".

            (C)   All plans/amendments related to the operation and movement of the crane.

      (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.

   (c)   Work in critical roadways.

      (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 #

            (C)   Location of emergency (including borough)

            (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.

            (C)   North/South Roadways – Restricted Access 7:00 a.m. to 10:00 a.m. / 4:00 p.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

            (C)   Restricted Access 7:00 a.m. to 10:00 a.m.

               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

            (C)   Restricted Access 7:00 a.m. to 10:00 a.m.

               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.

   (c)   Unlawful locations. No owner shall install, use or maintain any newsrack in any of the following locations:

      (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)

§ 2-09 Sidewalk, Curb and Roadway Work.

   (a)   Compliance with requirements. Owners or builders installing or repairing roadway pavement, sidewalk and curb in connection with uses other than those requiring a Certificate of Occupancy (C of O) or letter of completion from the New York City Department of Buildings shall comply with the following requirements:

      (1)   The Sidewalk, Curb & Roadway Application (SCARA) and all appropriate forms, plans and certifications shall be submitted to the Department.

      (2)   All public infrastructure work shall be designed and installed in compliance with current highway engineering practice, the latest version of this publication, and the latest versions of these other Department publications: Standard Specifications, Standard Detail Drawings, and Instructions for Filing Plans & Guidelines for the Design of Sidewalks, Curbs, Roadways and Other Infrastructure Components.

   (b)   Professional self-certification.

      (1)   A property owner may install the required street infrastructure without prior review of the plan(s) by the Department under a process of professional self-certification. Plan review by the Department will not be required when a Professional Engineer, Registered Architect or Registered Landscape Architect self-certifies that the proposed infrastructure work complies strictly with the requirements of the publications listed above in paragraph (2) of subdivision (a) of this section.

      (2)   If a submittal is not professionally self-certified, full Department review and approval must be obtained before work can begin.

   (c)   Coordination with capital projects – all city, state and federal agencies and public authorities. In some cases, the required infrastructure work may be proposed for installation by an agency or authority under a capital improvement project. It shall be the sole responsibility of every applicant to examine all capital plans to see whether any such work is planned. If so, the applicant shall coordinate the improvements with the appropriate agency or authority.

   (d)   Required submissions.

      (1)   Every applicant shall submit three (3) original SCARAs (no photocopies) for each project. See Instructions for Filing Plans & Guidelines for the Design of Sidewalk, Curbs, Roadways and Other Infrastructure Components.

      (2)   Every applicant shall submit the following:

         (i)   The correct Plan Type as required by SCARA.

         (ii)   The correct Certification Block as required by SCARA.

         (iii)   Written approval from the Landmarks Preservation Commission or the Art Commission of the City of New York, if applicable (applicant must check to see if the project is in a landmarked area or historic district).

         (iv)   Material testing, if required by SCARA.

         (v)   Maintenance agreement, if required by SCARA.

         (vi)   Statement of Professional Certification to accompany SCARA (optional).

   (e)   Waiver.

      (1)   A property owner may request a waiver of any requirement of the Department.

      (2)   The request shall be prepared in writing by a professional architect, engineer or landscape architect and shall have an original seal and signature affixed.

      (3)   It shall be submitted to the Department's Bureau of Permit Management & Construction Control.

      (4)   Supplementary materials must be submitted to support the waiver request, such as maps, drawings, traffic reports, calculations, affidavits, etc. No consideration will be given without complete and adequate documentation.

      (5)   A waiver may be granted at the discretion of the Commissioner, except where prohibited by law.

   (f)   Sidewalk.

      (1)   Property owners' responsibility. Property owners shall, at their own cost, install, repave, reconstruct and maintain in good repair, at all times, the sidewalk abutting their properties, including, but not limited to, the intersection quadrant for corner property, in accordance with Department requirements. Upon failure of a property owner to install, repave, reconstruct or repair the sidewalk pursuant to a Notice of Violation issued by the Department after an inspection, the Department may perform the work or cause it to be performed and shall bill the property owner pursuant to § 19-152 of the New York City Administrative Code. If the property owner wishes to protest the violation, he/she may make a request at the appropriate borough office within the time specified in the notice of violation and the Department shall provide a reinspection by a different departmental inspector than the one who conducted the first inspection. The findings of the second inspection supersede the findings of the first inspection.

      (2)   Permit required.

         (i)   A permit is required to install, repave, reconstruct or repair any sidewalk where the work involves an area of more than twenty-five square feet. Where the work involves an area of twenty-five square feet or less, a permit is only required where the purpose of the work is to remove a violation.

         (ii)   A sidewalk closing permit shall be required if a minimum width of five feet cannot be maintained on the sidewalk for unobstructed pedestrian passage.

         (iii)   An applicant shall file:

            (A)   An application for a sidewalk construction permit stating the location of the sidewalk work, including driveway, if applicable, and the start and estimated completion dates. All subway gratings, utility covers and castings situated in the sidewalk area which are not at proper grade or are in a dangerous condition shall be noted in the application;

            (B)   A plan for the restoration of the sidewalk, approved by the Department of Buildings, where the existing sidewalk is the structural roof of a vault or other opening.

         (iv)   An owner of the abutting property who files an affidavit stating therein that he/she will not employ any person or persons to repair the sidewalk for him/her, shall not be required to submit a commercial general liability insurance policy or workers' compensation insurance.

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

      (4)   General sidewalk requirements.

         (i)   Except as otherwise authorized, all sidewalks not in C4-4 through C4-7, C5 or C6 commercial districts, as defined in the Zoning Resolution of the City of New York, shall be of untinted concrete. However, all sidewalks in C4-4 through C4-7, C5 and C6 commercial districts shall be of pigmented concrete with saw-cut type joints as set forth in the Standard Specifications. In such commercial districts, any sidewalk installation or replacement constituting 50 percent or more of the total square footage of sidewalk abutting a property shall be of pigmented concrete in conformance with the Standard Specifications. For the purposes of these rules and unless otherwise stated, the word "concrete" shall mean untinted and pigmented concrete, as applicable. Sidewalks shall consist of a single course of concrete, 4 in. in thickness, laid upon a foundation 6 in. in thickness; in driveways and corner quadrants the concrete slab shall be 7 in. in thickness.

         (ii)   The foundation material shall consist of clean 3/4 in. broken stone, recycled concrete, gravel or clean granular materials meeting the Standard Specifications and Standard Detail Drawings. The foundation material shall be tamped and compacted according to the Standard Specifications.

         (iii)   The sidewalk shall be constructed of concrete mix as per the Standard Specifications and Standard Detail Drawings, unless otherwise authorized.

         (iv)   Sidewalk cores. 

            (A)   Cores shall be required for all sidewalks in excess of 100 lineal feet. A core shall be required for each 500 square feet of sidewalk or fraction thereof. A minimum of 2 cores is required. Core evaluation reports by an approved laboratory shall be submitted to the Department.

            (B)   In the case of a one- or two-family dwelling on a corner lot and/or where the length of the sidewalk on each side is less than 100 lineal feet, the cores may be waived, provided that an affidavit of a Professional Engineer or Registered Architect who supervised the construction certifies that the work conforms to the Standard Specifications, and material delivery slips are submitted. (Delivery slips are to be signed by an authorized representative of the contractor.)

            (C)   If the results of the cores meet the Department's requirements, the applicant shall file an affidavit from a Licensed Surveyor, Registered Architect or Professional Engineer certifying that the sidewalk, curb and roadway have been installed in conformance with the submitted SCARA plan. A final survey showing the actual grades as built shall be filed with the Department and the topographical Bureau of the office of the applicable Borough President.

         (v)   Expansion joints are typically placed at 20' intervals and at the property or lot line. Expansion joints shall be placed between curb and sidewalk. Expansion joints shall be placed between concrete of different thicknesses or to match existing expansion joints. Every effort shall be made to isolate sidewalk hardware or other fixed objects in the sidewalk such as fire hydrants and electrical boxes with expansion material. Expansion joint filler material shall be placed to full depth of sidewalk.

         All expansion joints shall be recessed 1/2" below finished sidewalk surface and sealed with Department specified sealer as soon as practical. The sealer should be applied carefully to avoid over-spilling onto sidewalk surface area. The joints are to be flush with the finished surface. Joints shall not be sealed during freezing temperatures.

         (vi)   The concrete shall be poured and finished in accordance with the Standard Specifications and Standard Detail Drawings.

         (vii)   Flags shall be 5'x 5' where feasible. The following methods of scoring shall be employed unless otherwise approved by the Commissioner. The frontage of each building shall be divided by five. If it is exactly divisible, all flags shall be 5' wide; if not, the flags shall be plus or minus in an amount which will make them as near to 5' as possible. Cross flag scoring shall be at 90 degrees to the building line and curb. The flag markings along the sidewalk between the curb and property line shall be parallel with the property line and curb and be uniformly 5' apart commencing at the curb, with the odd flag width, if any, nearest the property line.

         (viii)   All flags containing substantial defects shall be fully replaced. Patching of individual flags is not permitted.

         (ix)   When an existing concrete sidewalk is to be replaced and the foundation material meets specifications, the foundation material can be retained and graded to the required subgrade. Any foundation material not meeting the Standard Specifications and Standard Detail Drawings shall be removed.

         (x)   Sidewalk grades: Unless the Department grants a waiver of grade, permanent sidewalks shall be laid to the legal curb grades.

         (xi)   Transverse slope: Sidewalks shall be laid to pitch from the building line toward the curb except in special cases as noted. The minimum slope, calculated on a line perpendicular to the curb, shall be 1" in 5', and the maximum shall be 3" in 5'. Minimum slopes shall be used wherever possible.

            Note: The maximum transverse slope permitted for vault lights, covers, gratings and other sidewalk structures is 1¾" in 5'.

         (xii)   Longitudinal slope: The longitudinal slope of the sidewalk shall be uniform and parallel to the curb at the curb's proper grade.

         (xiii)   Corner treatment: The two slope lines meeting at the intersection of the two building lines shall drop from a common point at the building corner toward their respective curbs at a rate within the limits prescribed by these regulations. If this is not possible, the applicant shall submit sketches or drawings, in duplicate, showing the method of treatment proposed, to the Commissioner for approval.

         (xiv)   Pedestrian ramps: Any person constructing, reconstructing or repairing a corner shall install pedestrian ramps in accordance with the the Standard Specifications and in accordance with the latest revision of Standard Detail Drawing #H-1011.

         (xv)   Adjoining existing and new sidewalks: Junctions and transitions between new sidewalk and existing sidewalk shall conform to the Standard Specifications and Standard Detail Drawings.

         (xvi)   Distinctive sidewalk:

            (A)   A sidewalk of a distinctive design or material may be permitted and shall harmonize with the architecture of the abutting building and/or area. The property owner or designated representative shall contact the Department and submit to the Department for approval: detailed design plans, applicable fee, a duly executed Distinctive Sidewalk Improvement Maintenance Agreement (DSIMA) and material samples of the proposed sidewalk.

            (B)   The distinctive sidewalk shall be approved by the Public Design Commission of the City of New York prior to installation.

            (C)   The distinctive sidewalk shall be repaired in kind or replaced in its entirety with concrete. If a distinctive sidewalk is replaced in its entirety with concrete, the Public Design Commission of the City of New York shall approve of such replacement prior to its replacement. Changes to existing materials shall require a new DSIMA.

         (xvii)   Sidewalk hardware and structures:

            (A)   Cellar doors, gratings, underground street access covers or other similar items shall not be placed in the sidewalk unless they are of a type approved by the Department of Buildings.

            (B)   Any abandoned structures shall be removed and replaced with concrete side- walk.

            (C)   Where the existing sidewalk is the structural roof of a vault or other opening, a plan approved by the Department of Buildings, along with vault plans as required by 34 RCNY § 2-13, shall be filed for the restoration of the sidewalk.

            (D)   If a sidewalk improvement is in the vicinity of subway gratings or over a subway structure, the permittee shall obtain the approval of the New York City Transit Authority prior to the commencement of any work.

         (xviii)   Historic Districts:

            (A)   In Historic Districts, property owners shall obtain written approval from the Landmarks Preservation Commission prior to the repair or replacement of sidewalks. All work shall be done in compliance with the rules of the Landmarks Preservation Commission, and in accordance with the Standard Specifications, Standard Detail Drawings, and Department requirements.

            (B)   In Historic Districts gratings, bullseyes, vault lights, iron doors and other similar structures situated in the sidewalk shall not be removed without the authority of the Landmarks Preservation Commission.

         (xix)   No person shall deface any sidewalk by painting, printing or writing names or advertisements, placing other inserts, attaching, in any manner, any advertisement or other printed matter, or by drawing, painting or discoloring such sidewalk, except as required by State of New York Industrial Code Rule 53 relating to Construction, Excavation and Demolition Operations at or near Underground Facilities.

         (xx)   Tree pits and trees:

            (A)   No trees shall be planted in the sidewalk area unless a Street Opening Permit is issued by the Department. No such permit shall be issued by the Department unless the prior written consent of the Department of Parks and Recreation authorizing the tree planting is furnished. Tree pits shall be constructed in accordance with the specifications. All wood forms and/or construction-related tree guards must be removed prior to the expiration of the permit.

            (B)   The soil level in the completed tree pits, including any paved surface, shall be flush with the sidewalk area and the maximum dimensions of the tree pit shall be 5' × 5'.

            (C)   No trees within the sidewalk area shall be disturbed or removed without the permission of the Department of Parks and Recreation.

            (D)   No trees or tree pits shall be installed in Historic Districts without a report from the Landmarks Preservation Commission.

         (xxi)   All wood forms must be removed prior to the expiration of the permit.

      (5)   Substantial defects. Any of the following conditions shall be considered a substantial defect.

         (i)   One or more flags missing or sidewalk never built.

         (ii)   One or more flag(s) cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed.

         (iii)   An undermined flag below which there is a visible void or a loose flag that rocks or seesaws.

         (iv)   A trip hazard where the vertical differential between adjacent flags is greater than or equal to 1/2" or where a flag contains one or more surface defects of one inch or greater in all horizontal directions and is 1/2" or more in depth.

         (v)   Improper slope, which shall mean (i) a flag that does not drain toward the curb and retains water, (ii) flag(s) that shall be replaced to provide for adequate drainage or (iii) a cross slope exceeding established standards.

         (vi)   Hardware defects, which shall mean (i) hardware or other appurtenances not flush within 1/2" of the sidewalk surface or (ii) cellar doors that deflect greater than 1" when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition.

         (vii)   A defect involving structural integrity, which shall mean a flag that has a common joint, which is not an expansion joint, with a defective flag and has a crack that meets the common joint and one other joint.

         (viii)   Non-compliance with Department specifications for sidewalk construction.

         (ix)   Patchwork, which shall mean (i) less than full-depth repairs to all or part of the surface area of broken, cracked or chipped flag(s) or (ii) flag(s) partially or wholly constructed with asphalt or other unapproved non-concrete material; except that patchwork resulting from the installation of canopy poles, meters, light poles, signs and bus stop shelters shall not be subject to this provision unless the patchwork constitutes a substantial defect as set forth in subparagraphs (i) through (viii) of this paragraph.

   (g)   Curb (concrete, steel faced, stone).

      (1)   General permit conditions.

         (i)   The permittee shall complete all curb construction or installation before commencing any roadway paving operation or sidewalk construction, unless otherwise permitted by the Department.

         (ii)   All curbs more than 20 feet in length shall be built according to the Standard Specifications and Standard Detail Drawings. A Street Opening Permit is required.

         (iii)   Curbs less than 20 feet in length shall be built in accordance with the Standard Specifications and Standard Detail Drawings. No Street Opening Permit is required if done in conjunction with a sidewalk repair permit.

         (iv)   Permits for the construction or installation of drop curbs and concrete driveways shall not be issued unless authorized by a permit from the Department of Buildings.

         (v)   All curbs shall be built according to specifications.

      (2)   Recess in vault for curbs. Where a vault extends to the curb line, the permittee shall provide a recess for its entire length in which the curb may be set or reset in accordance with the Standard Specifications and Standard Detail Drawings.

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

      (4)   No person shall deface any curb by painting, printing or writing names or advertisements, placing other inserts, attaching, in any manner, any advertisement or other printed matter, or by drawing, painting or discoloring such curb.

      (5)   General provisions for construction. Concrete curbs shall be 6 inches wide at the top, 8 inches wide at the bottom and 18 inches deep, measured on the back. All construction is to be at legal line and grade, or at any other line and grade approved by a Department engineer, and according to the Standard Specifications and Standard Detail Drawings. Penetration of broken stone base will not be allowed unless the outside temperature is 50 degrees Fahrenheit or above.

   (h)   Roadway.

      (1)   Roadway pavement shall be 2 inches of asphaltic concrete wearing surface on a 4-inch penetrated broken stone base or a 4-inch compacted plant mixed binder base. Where the existing roadway is asphaltic concrete wearing course on a concrete base, restoration shall consist of matching the existing thickness but in no case shall there be less than 3 inches of asphaltic concrete wearing course on a 6-inch concrete base on compacted earth. Where soil conditions require, the base shall be constructed of such materials and depth as is acceptable to the Department.

      (2)   The roadway shall be paved at a minimum from the curb line to 5 feet beyond the center of the legal roadway width in front and on the sides of the property of the applicant. In no case shall the width of required roadway paving be less than 20 feet. Beyond the front of the property, there shall be access over a hard surface road to the nearest completed paved street system. If this does not exist, the applicant shall provide a pavement of at least 2 inches of asphaltic concrete graded to meet the existing paved street system. The width of such paving shall be at least 20 feet.

      (3)   Roadway cores.

         (i)   Cores shall be required for all roadway pavement in excess of 100 lineal feet. A core shall be taken by the applicant for every 700 square yards of paved roadway or fraction thereof, in such manner as directed by the supervising engineer. A minimum of 2 cores is required. Core evaluation reports by an approved laboratory shall be submitted to the Department or self certified by a Professional Engineer or Registered Architect.

         (ii)   Where the length of roadway pavement is less than 100 lineal feet, the requirement of cores may be waived provided that an affidavit of a Professional Engineer or Registered Architect who supervised the construction certifies that the work conforms to the Standard Specifications, and material delivery slips are submitted. (Delivery slips are to be signed by an authorized representative of the contractor.)

         (iii)   If the results of the cores meet the Department's requirements, the applicant shall file an affidavit from a Licensed Surveyor, Registered Architect or Professional Engineer certifying that the sidewalk, curb and roadway have been installed in conformance with the legally established grades as built under the terms of the permit. A final survey showing the actual grades as built shall be filed with the Department's borough office and the Topographical Bureau of the office of the applicable Borough President.

      (4)   The Department will issue a letter of acceptance for maintenance subject to the guarantee period of the roadway pavement, to the builder or developer if the roadway pavement meets the requirement of the permit and the Standard Specifications.

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

§ 2-10 Temporary Installations for Flood Mitigation and Security Purposes.

   (a)   Permit Required.

      (1)   The Commissioner may issue permits for the placement or installation of flood mitigation systems as defined in this section and temporary structures for security purposes to be placed on sidewalks or roadways in accordance with this section.

      (2)   It shall be a violation of these rules to erect, place or install the following on a sidewalk or roadway without a revocable consent pursuant to 34 RCNY Chapter 7 or a permit pursuant to this section:

         (i)   a temporary structure for security purposes; or

         (ii)   any component part of a flood mitigation system unless such component part is a permitted encroachment pursuant to Chapter 32 of the New York City Building Code.

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

   (c)   Definitions.

      (1)   Flood Mitigation System. The term "flood mitigation system" means a group of interconnected component parts, including barriers, walls, and/or any ancillary structure such as stairs or ramps necessary for ingress or egress, that surround a building, portion of a building, or public service corporation facility, and are certified by a New York State Licensed Professional Engineer as being capable of preventing water from entering the building, portion of a building, or public service corporation facility during a trigger event. A flood mitigation system may or may not include flood mitigation system footings.

      (2)   Flood Mitigation System Footing. The term "flood mitigation system footing" means an at or below ground component part of a flood mitigation system that must remain in place at all times in order to expedite the installation of the remaining elements of the flood mitigation system.

      (3)   Trigger Event. The term "trigger event" means a hurricane, tropical storm, non-tropical storm, or other severe weather event forecasted to affect the City of New York and result in moderate or major flooding, as such terms are used by the National Weather Service and/or National Hurricane Center through the issuance of Hazardous Weather Outlook advisories or other advisory methods.

   (d)   Temporary Security Structures.

      (1)   Notwithstanding any inconsistent provision of these or any other rules, the Commissioner may issue a permit for a period of one year for temporary structures to be placed on sidewalks or roadways for security purposes. Such structures shall include, but not be limited to, concrete barricades, large planters and fencing.

      (2)   Notwithstanding any inconsistent provision of these rules, for the purposes of this subdivision, the general conditions set forth in 34 RCNY § 7-06 shall apply. For concrete barricades, the standards for planters set forth in 34 RCNY § 7-04(a)(19) shall apply.

      (3)   A permit issued pursuant to this subdivision may be revoked or modified at will by the Department.

      (4)   Such permit may be renewed for a maximum of two consecutive six-month periods. The approval of the Public Design Commission of the City of New York shall be obtained prior to the grant of a renewal.

      (5)   At the expiration of the permit and any renewal, if applicable, the person or entity wishing to continue to maintain such structures shall do so only pursuant to a revocable consent obtained from the Department pursuant to 34 RCNY § 7-04(a)(33).

   (e)   Flood Mitigation Systems.

      (1)   (i)   Notwithstanding any inconsistent provision of these or any other Department rules, the Commissioner may issue a permit for a flood mitigation system to be placed on a sidewalk or roadway, except where such system is a permitted encroachment pursuant to Chapter 32 of the New York City Building Code.

         (ii)   Except in the case of a public service corporation facility, the Commissioner will only issue a permit pursuant to this section to an applicant:

            (a)   for the protection of a building or a portion of a building erected prior to January 8, 2015 or where a lawful building permit is issued by the Department of Buildings for the erection of such building prior to January 8, 2016; or

            (b)   for the protection of a building or portion of a building located within an area of special flood hazard, as such term is defined in section G201.2 of Appendix G of the New York City Building Code.

         (iii)   Notwithstanding any inconsistent provision of these or any other rules, for the purposes of this subdivision, the general conditions in 34 RCNY § 7-06 shall apply to flood mitigation systems.

         (iv)   Prior approvals. As a condition of applying for a permit pursuant to this paragraph, the applicant must submit to the Department evidence of the following prior approvals:

            (a)   Applicants shall provide evidence of approvals or of no objection obtained from the New York City Department of Buildings and the New York City Fire Department, and shall submit such evidence to the Department.

            (b)   Applicants must submit to the Department for review and approval a flood mitigation system plan ("Flood Mitigation Plan"). The Flood Mitigation Plan must explain how the flood mitigation system will operate and demonstrate compliance with the general conditions set forth in 34 RCNY § 7-06, including but not limited to the clear path requirements set forth in 34 RCNY § 7-06(c)(3), as described in clause c of this subparagraph. The Department will notify the applicant in writing whether the Flood Mitigation Plan has been approved or rejected and whether additional information is required for approval. The Department will consult with the Department of Environmental Protection and any other agency the Department deems necessary or desirable regarding an application for a permit for a flood mitigation system prior to its approval of such application. Approval of a Flood Mitigation Plan may be suspended or revoked by the Department at any time. If approval is suspended or revoked pursuant to this paragraph, the Department will notify the applicant in writing, stating its reasons for such action.

            (c)   Clear Path Requirements.

               (1)   Permittees have a continuing obligation to comply with the clear path requirements set forth in 34 RCNY § 7-06(c)(3). Applicants for a permit pursuant to this paragraph must demonstrate compliance with such clear path requirements. In the event that field conditions will not allow for a flood mitigation system, once installed, to comply with such clear path requirements, the applicant shall cause a New York State Licensed Professional Engineer to produce and submit to the Department for review and approval, an authorized compliance plan for the maintenance and protection of traffic to assist motorists, pedestrians, bicyclists, and others to proceed around the obstructed path ("Compliance Plan"). Permittees shall comply with the Compliance Plan at all times that a permit is in effect.

               (2)   In the event that a flood mitigation system, once installed, will no longer comply with the clear path requirements set forth in 34 RCNY § 7-06(c)(3) due to a change in conditions since the Flood Mitigation Plan was approved, the applicant shall notify the Department no less than ten days after the applicant knew or should have known of such changed condition. The Department may require the applicant to submit additional information, including an amended Flood Mitigation Plan and Compliance Plan.

            (d)   The Department will notify the applicant in writing once the prior approval requirements of this subparagraph (iv) have been met.

         (v)   Once a trigger event has occurred and prior to installation of flood mitigation system components, exclusive of flood mitigation system footings, applicants must apply to the Department for an emergency permit number. Applicants must ensure that at the time of the application for such number, all prior approvals required in subparagraph (iv) of this paragraph have been obtained, and the flood mitigation system, once installed, will comply with the clear path requirements set forth in Section 7-06(c)(3). No installation of a flood mitigation system, exclusive of flood mitigation system footings, may begin before the receipt of an emergency permit number, provided that an application for a permit pursuant to this subparagraph shall be deemed approved unless the Department notifies the applicant that such applicant's Flood Mitigation Plan needs to be revised within forty-eight (48) hours of submitting such application.

         (vi)   Installation and Removal of Flood Mitigation Systems.

            (a)   Permittee may install flood mitigation system components, exclusive of flood mitigation system footings, a maximum of seventy-two (72) hours prior to the occurrence of a trigger event.

            (b)   Permittee shall remove flood mitigation system components, exclusive of flood mitigation system footings, that it installed prior to the occurrence of a trigger event, within forty-eight (48) hours of water receding from the street, or if the weather system that is the subject of the trigger event is no longer forecasted to affect the City of New York, or such weather system is no longer predicted to result in moderate or major flooding, within forty-eight (48) hours of the change in forecast or prediction.

      (2)   Additional Authorizations Required for Flood Mitigation System Footings. In addition to receiving a permit in accordance with paragraph (1) above, no person shall install flood mitigation system footings upon a sidewalk or roadway, unless such flood mitigation system footing is a permitted encroachment pursuant to Chapter 32 of the New York City Building Code, without first obtaining from the Department either:

         (i)   A revocable consent for the flood mitigation system footings pursuant to 34 RCNY § 7-04; or

         (ii)   A permit issued for a period of not more than one year for the flood mitigation system footings, at the expiration of which the flood mitigation system footings shall be removed if a revocable consent pursuant to 34 RCNY § 7-04 is not obtained.

§ 2-11 Street Openings and Excavations.

   (a)   Permit Required.

      (1)   No excavations shall be made in any street unless a Street Opening Permit is obtained.

         (i)   For plumbing work requiring a street opening or excavation, a Street Opening Permit will only be issued to a business or businesses set forth on the plate issued to licensed master plumbers pursuant to § 28-401.3 of the Administrative Code.

            (A)   The licensed master plumber shall be required to provide a valid New York City plate issued by the New York City Department of Buildings indicating the master plumber business or businesses under which the licensed master plumber practices his or her trade, or a valid copy of the same. The licensed master plumber shall also present a copy of any documentation issued by the New York City Department of Environmental Protection regarding the plumbing work that is to be conducted. These items must be submitted to the Department before the Department approves the Street Opening Permit.

            (B)   The Commissioner may suspend review of applications for permits under this subparagraph, revoke or refuse to renew a permit, or refuse to issue a permit to any applicant, pursuant to the provisions of 34 RCNY § 2-02(j), (k), or (l).

         (ii)   Notwithstanding the provisions of subparagraph (i) of this paragraph, for any work performed pursuant to a valid contract with a local or state governmental entity requiring a street opening or excavation, a Street Opening Permit will only be issued to the contractor retained by the local or state governmental entity to perform the work requiring the street opening or excavation.

      (2)   Prior to any excavation or street opening pursuant to a franchise or revocable consent, all permits required by these rules shall be obtained.

      (3)   Street Construction in Historic Districts. No planned street construction, reconstruction or maintenance operation shall be undertaken in a designated historic district unless preapproved in writing by the Landmarks Preservation Commission. The provisions of subdivision (g) of this section also apply.

   (b)   Permit requirements.

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

      (2)   A Permittee shall obtain a separate permit for each 300 linear feet of a block segment and for each intersection where work is to be performed.

   (c)   Conditions.

      (1)   Proper notification. 

         (i)   Permittees and owners of underground facilities must comply with State of New York Industrial Code Rule 753 relating to construction, excavation and demolition operations at or near underground facilities.

         (ii)   Permittees must take the precautions necessary to protect and prevent damage to pipes, mains, conduits, and other underground facilities at their own expense.

         (iii)   Mark out requirements. Permittees must delineate the proposed area of excavation but must take measures to limit the geographical area to be marked out and must avoid excessive or oversized markings. Permittees must ascertain, to the extent possible, the precise area of excavation and mark the corresponding area fifteen feet to the right and fifteen feet to the left in accordance with this subparagraph. The proposed area of excavation must be marked with temporary white paint by using a continuous line, dots marking a radius or arc, or dashes outlining the excavation project. Dashes must be 6" to 12" in length and 1" in width. Dots must be 1" in diameter.

            The illustration below includes suggested examples of how the proposed area of excavation should be marked by using a continuous line, dots marking a radius or arc, or dashes.

      (2)   All work shall be done in accordance with the Standard Specifications, Standard Detail Drawings, and the provisions of this 34 RCNY § 2-11.

      (3)   All debris on the street shall be removed at the expiration of the permit, unless otherwise stipulated.

   (d)   Application.

      (1)   Applications shall include:

         (i)   a description of the work to be performed;

         (ii)   the reason for the work;

         (iii)   the street address including the nearest cross streets where the excavation or street opening is to be made;

         (iv)   a sketch indicating the size and location of the proposed opening(s) which shall include:

            (A)   the distance in feet from the nearest intersection and from the nearest curbline;

            (B)   the dimensions of the opening including length and width; and

            (C)   the existing parking restrictions.

         (v)   the start and estimated completion dates;

         (vi)   the type of pavement or surface to be opened;

         (vii)   whether the proposed work will be on a protected street (if so, the provisions of the subdivision (f) of this section apply);

         (viii)   the name and address of the compaction testing company or laboratory, as required;

         (ix)   the name of the contracting City agency, contract number, and OCMC reference number, if applicable; and

         (x)   whether the proposed work will be within 100 feet on, above or below or in either direction of any portion of a bridge, tunnel, underpass or overpass (if so, approval from the Division of Bridges shall be obtained). For purposes of this section "portion" shall include, but not be limited to, approach slabs, retaining walls, and column supports. The method of excavation and final restoration shall be determined by the Division of Bridges.

      (2)   No trees within the sidewalk area shall be disturbed or removed without the permission of the Department of Parks and Recreation.

      (3)   A permittee performing curb to curb restoration on more than fifty (50) percent of a block segment on a non-protected street shall submit a protected street determination form to the Department for approval prior to obtaining any necessary permits. Such form shall be attached to the permit application. This requirement shall not apply to permittees performing work for the Department or for the Department of Design and Construction.

   (e)   Excavation and Restoration Requirements.

      (1)   Proper Notice.

         (i)   Permittees shall notify the Police Department and the Communications Centers of the Fire Department and the Department of Transportation of construction and street operations which require street closing permits at least twenty-four hours in advance of the commencement of non-emergency work.

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

      (2)   Breaking Existing Pavement. 

         (i)   Precutting of pavement wearing course and base shall be required for pavement removal.

         (ii)   Only hand held tools, rockwheels, or other tools approved by the Department may be used for this purpose. This applies to all streets at all times.

         (iii)   The permittee shall be responsible for keeping the construction area as clean and neat as possible during the life of the permit.

         (iv)   No material shall restrict water flow in gutters.

         (v)   All possible arrangements for the safety of the general public shall be maintained.

         (vi)   The wearing course on non-protected streets must be cut and restored in accordance with Standard Detail Drawing #H-1042.

      (3)   Excavation.

         (i)   Sheeting and Bracing. The sides of every open excavation five feet or more in depth shall be securely held by adequate timber, sheeting and bracing where the earth is not sloped to the angle of repose of the material, and where unsafe conditions are created due to composition of the soil, climatic conditions, depth of excavation or construction operations.

         (ii)   Tunneling or Jacking. No person shall make any installation or repair between two or more street openings by means of tunneling or jacking, without a permit. Tunneling or jacking may be permitted for the installation or replacement of a lateral connection provided the opening does not exceed eight inches in diameter. Full trenching shall be required for all waste line repair/connections.

      (4)   Traffic Maintenance.

         (i)   No more than one lane of traffic may be obstructed, except as provided by OCMC stipulations, or as otherwise authorized by the Commissioner.

         (ii)   All unattended street openings or excavations in a driving lane, including intersections, shall be plated, except as otherwise directed by the Commissioner. The Commissioner may require all street openings and excavations at any location to be plated when no work is in progress. In the case of gas or steam leaks, barricades pursuant to 34 RCNY § 2-02(h) shall be used until the leak is corrected.

         (iii)   Barricades, signs, lights and other approved safety devices shall be displayed pursuant to 34 RCNY § 2-02(h).

         (iv)   The permit may restrict street operations and construction within critical areas to nights, weekends, or off-traffic hours. (Hours other than weekdays 7 a.m. - 6 p.m. will require a noise variance granted by OCMC.)

         (v)   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.

      (5)   Temporary Closing of Sidewalks. A minimum of five feet sidewalk width of unobstructed pedestrian passageway shall be maintained at all times. Where openings and excavations do not allow for five feet of unobstructed pedestrian passageway, a temporary sidewalk closing permit is required.

      (6)   Work Site Maintenance.

         (i)   All excavated material shall be either removed from the site or stockpiled at a designated curb, properly barricaded pursuant to 34 RCNY § 2-02(h) and stored to keep gutters clear and unobstructed in accordance with 34 RCNY § 2-05.

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

      (7)   Storage of Materials.

         (i)   A street opening permit includes permission to store construction materials in a designated area adjacent to the permitted worksite only during permitted hours. Storing materials after permitted hours shall require a separate permit.

         (ii)   No separate permit shall be required for the storage of equipment, excluding cranes, in a designated area in compliance with any applicable stipulations on the permit.

         (iii)   The designated storage area(s) are subject to review and approval by OCMC.

      (8)   Backfill and Compaction.

         (i)   Upon completion of repairs in a street, permittees shall backfill street openings and excavations in a manner in accordance with the Standard Specifications and Standard Detail Drawings. All materials used for backfill shall be free from bricks, blocks, excavated pavement materials and/or organic material or other debris. Notwithstanding the above, asphalt millings may be used as a backfill material.

         (ii)   Backfill material shall be deposited in horizontal layers not exceeding twelve inches in thickness prior to compaction. A minimum of ninety-five percent of Standard Proctor Maximum Density will be required after compaction.

         (iii)   When placing fill or backfill around pipes, layers shall be deposited to progressively bury the pipe to equal depths on both sides. Backfill immediately adjacent to pipes and conduits shall not contain particles larger than three inches in diameter.

         (iv)   Compaction shall be attained by the use of impact rammers, plate or small drum vibrators, or pneumatic button head compaction equipment. Hand tamping shall not be permitted except in the immediate area of the underground facility, where it shall be lightly hand tamped with as many strokes as required to achieve maximum density. The definition of the "immediate area" shall be a maximum of eighteen inches from the facility.

         (v)   Where sheeting has been used for the excavation it shall be pulled when the excavation has been filled or backfilled to the maximum unsupported depth allowed by the New York State Department of Labor, Industrial Code Rule 23 and Title 29, Code of Federal Regulations, Part 1926, Safety and Health Regulations for Construction. Where a difference exists between regulations, the more stringent requirements shall apply.

         (vi)   As a measure of maximum density achieved for restoration, the pavement surface shall not sink more than two inches from the surrounding existing surface during the life of the restoration. More than two inches of settlement shall be deemed a failure of the compaction of the backfill and cause the removal of said backfill to the subsurface facility and new fill installed and properly compacted.

         (vii)   The permittee shall be required to supply a tester certified by a professional engineer, or certified by other methods as authorized by the Commissioner, on all street openings to perform compaction tests. The permittee shall also be required to maintain copies of all in-process compaction reports certified by a Professional Engineer as to the compliance with the aforementioned backfill requirements set forth within this section. The certified compaction report shall be maintained for every street opening and shall be available upon request by the Commissioner for the duration of the guarantee period.

      (9)   Temporary Asphaltic Pavement.

         (i)   Immediately upon completion of the compaction of the backfill of any street opening, the permittee shall install a temporary pavement of an acceptable asphalt paving mixture not less than four inches in thickness after compaction, flush with the adjacent surfaces.

         (ii)   The permittee has the option of installing full depth pavement using an acceptable asphalt paving mixture immediately upon completion of the compaction of the backfill, excluding reconstructed protected streets and full-depth concrete roadways.

         (iii)   Upon the expiration of the permit, all equipment, construction materials and debris shall be removed from the site, unless otherwise stipulated.

         (iv)   When final restoration is to be done, the materials are to be removed with hand tools to a depth necessary to accomplish the final restoration.

      (10)   Plating and Decking.

         (i)   All plating and decking installed by the permittee shall be made safe for vehicles and/or pedestrians and shall be adequate to carry the load. Composite plates may be used provided that they comply with the AASHTO H25 or HS25 specifications.

         (ii)   The size of the plate or decking must extend a minimum of 12 inches beyond the edge of the trench, be firmly placed to prevent rocking, and be sufficiently ramped, covering all edges of the steel plates to provide smooth riding and safe condition.

         (iii)   All plating and decking shall be fastened by splicing, spiking, pinning, countersinking or otherwise protected to prevent movement. When the plates are removed all pins and spikes must be removed and the holes must be filled with a fine asphalt concrete mix.

         (iv)   Where deflection is more than 3/4", heavier sections of plates or decking or intermediate supports shall be installed.

         (v)   All permittees who install plating and decking during the winter moratorium, as determined by the Department, shall post signs at the site indicating "Steel Plates Ahead" or "Raise Plow" and countersink said plates flush to the level of the roadway. All signs shall comply with all applicable requirements pursuant to 34 RCNY § 2-02(h). These signs shall be placed on the sidewalk, adjacent to the curb, facing vehicle traffic five feet prior to the plates. On two-way streets, signs shall be placed on both sides of the street five feet prior to the plates.

         (vi)   All plating and decking shall have a skid-resistant surface equal to or greater than the adjacent existing street or roadway surface. The whole surface area of all plating and decking must be skid-resistant.

         (vii)   All plating and decking, including the ramping material, and all construction signs and supports must be removed from the roadway and/or sidewalk after completion of the final restoration and prior to the expiration of the permit.

         (viii)   All plating and decking must identify the name of the owner of such plating or decking. Identification must be made by welding or stamping the name of the owner onto the plating or decking. In addition to the name of the owner, the name of the permittee must be welded, stamped or painted onto plating or decking not owned by the permittee.

      (11)   Base.

         (i)   Concrete and asphalt base material and base restorations shall conform to the Standard Specifications and Standard Detail Drawings.

         (ii)   Concrete base shall be properly plated except where other stipulations have been granted in writing by OCMC.

         (iii)   Concrete for base shall be plated in a driving lane and intersections or barricaded pursuant to 34 RCNY § 2-02(h) in a parking lane for a minimum of three days to permit proper cure of concrete, unless otherwise specified by the Department.

         (iv)   Hot asphalt binder materials may not be used in place of concrete. All concrete-base roadways must be restored with concrete of the same depth and at least the same strength as the original base concrete.

         (v)   The concrete base shall be restored at the same grade as the existing base; at no time may it be brought up to the asphalt course unless authorization has been granted by the Commissioner.

         (vi)   At no time will asphalt other than binder be permitted as a base course, unless otherwise authorized by the Commissioner. Binder shall be installed and compacted in a maximum of four (4") inch lifts.

         (vii)   Conduit or pipes shall be installed at a minimum depth of 18 inches from the surface of the roadway, or below the base, whichever is greater. Where conduits and pipes cannot be installed at the required minimum depth, protective plating shall be installed over the facilities.

         (viii)   All hot asphalt binder based restorations or any form of temporary restoration must be flush with the surrounding pavement until the wearing course is installed. Binder based restorations must be removed to a depth of two (2") inches prior to installing the wearing course.

      (12)   Wearing Course.

         (i)   Wearing course material shall conform to the Standard Specifications and Standard Detail Drawings.

         (ii)   The finished grade of the wearing course shall be flush with surrounding pavement on all sides of the cut. The final wearing course shall conform to the Standard Specifications and Standard Detail Drawings. In the event a permanent restoration pavement installed settles more than two inches (2 in) below the surrounding existing surface during the life of the guarantee period, this shall be deemed a failure of the backfill compaction, in which case the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill.

         (iii)   The minimum thickness of the wearing course on full depth asphalt restoration shall be two inches (2").

         (iv)   When more than one roadway opening is made against a single permit and the openings are less than ten feet apart before the required cutbacks, the existing wearing course between such openings shall be restored integrally with the opening wearing course restoration, in accordance with the applicable Standard Detail Drawing # H-1042.

         (v)   When a street opening is twelve inches or less from the curb, the entire pavement between the opening and the curb shall be excavated and replaced in kind, in accordance with the applicable Standard Detail Drawing # H-1042. The pavement base shall be inspected and repaired where necessary and a new wearing course shall be installed from the curb to the street opening. The areas described above shall be included in the permittee's guarantee.

         (vi)   Whenever any street is excavated, the permittee shall restore such street in kind as to material type, color, finish or distinctive design.

         (vii)   Pavements shall be restored in kind in designated historic districts and on streets constructed with cobblestones or other distinctive pavements, or as directed by the Commissioner.

         (viii)   The wearing course shall be properly sealed completely at the edges of the cut with liquid asphaltic cement ironed in with a heated smoothing iron or by means of infrared treatment to prevent water seepage into the pavement. The sealant applied to the wearing course must be properly maintained throughout the life of the guarantee period.

         (ix)   Permittees shall be required to obtain a permit for any changes to, or installation of temporary roadway pavement markings and temporary construction, parking or regulatory signs and supports, including, but not limited to, crosswalks and lane lines. Unless otherwise directed by the Commissioner, all roadway pavement markings, including but not limited to, crosswalks and lane lines, and any parking or regulatory signs or supports shall be replaced in kind in accordance with the Standard Specifications. All construction signs and supports and pavement markings shall be removed prior to the expiration of the permit.

         (x)   Final (permanent) restorations shall be completed prior to the expiration of the permit. During winter months, temporary asphalt and pavement markings shall be placed at the expiration of the permit and maintained until such time as the final restoration may be completed.

         (xi)   All trenches must have a minimum opening width of eighteen inches (18"). The trench must be restored in accordance with Standard Detail Drawing # H-1042.

         (xii)   Any permittee performing work on a street pursuant to paragraph (3) of subdivision (d) of this section shall notify the Department within twenty-four (24) hours of the completion of the work on the same protected street determination form as submitted with the permit application pursuant to such paragraph (3) of subdivision (d) of this section.

         (xiii)   The final completed wearing course surface must be smooth and without any defects including, but not limited to, pitting, cracking, rutting and raveling throughout its guarantee period.

      (13)   Concrete Pavements.

         (i)   When street openings are made in concrete pavements, the pavements shall be saw cut full depth for the entire perimeter of the street opening.

         (ii)   The concrete restoration shall have the same depth, strength and finish as the original pavement.

         (iii)   The restoration area shall be plated and maintained until enough strength has developed to sustain traffic without deleterious effect to the roadway.

         (iv)   Reinforcing shall be replaced in kind and spliced in compliance with the Standard Specifications and Standard Detail Drawing #H-1042.

         (v)   Asphalt restorations will not be permitted in concrete streets or concrete bus stop areas.

         (vi)   All restorations shall conform to the applicable Standard Detail Drawing #H-1042 or to a standard as determined by the Department.

      (14)   Color Coding.

         (i)   At each excavation, the permittee shall either paint temporary circles or install permanent colored markers as required in this paragraph, for the purpose of easily identifying the permittee's openings and restorations.

         (ii)   If the work is not complete, upon leaving the site the permittee shall paint three inch (3") circles adjacent to the cut, in the area closest to the curb line, in accordance with the placement and color requirements as specified below.

         (iii)   Upon completion of the restoration, the permittee shall install colored markers as specified below, unless another method is approved by the Department. Permittees shall be required to maintain these markers throughout the guarantee period.

         (iv)   Placement of Coding and Markers.

            (A)   Permanent markers shall be imbedded at zero grade tolerance, or slightly below, in the new asphalt or concrete without the use of nails and shall be of one piece construction.

            (B)   For cuts or trenches ten feet (10') or less, one temporary painted circle or permanent colored marker shall be placed in the linear center of the cut.

            (C)   For cuts or trenches up to fifty feet (50'), one temporary painted circle or permanent colored marker shall be placed at each end of the excavation.

            (D)   For cuts or trenches over fifty feet (50'), temporary painted circles or permanent colored markers shall be placed every twenty-five (25) linear feet maximum and one shall be placed at each end of the excavation.

         (v)   Such markers shall be in the shape of a circle measuring between one and one-half inches (1 1/2") and three-inches (3") in diameter, color-coded as specified below, and shall include only the permittee's five-digit identification number and the two-digit year, unless other information is approved by the Department. The two-digit year shall be placed in the center of the marker, and the five-digit identification number shall be placed above the two-digit year.

         (vi)   Such markers shall also be UV-stable and designed not to fade significantly.

         (vii)   Color codes shall be assigned through Quality Control Procedure Q.P. 3 for permittees other than those listed below. Final pavement markers may be used as an alternative to color codes provided such use is approved by the Department.

            (A)   Verizon - Cherry red marker

            (B)   Empire City Subway - Chrome yellow marker

            (C)   Consolidated Edison Co. - Light blue marker

            (D)   Keyspan - White marker

            (E)   Plumbers (water or sewer) - Green marker

            (F)   Signals and Street Lights - Orange marker

            (G)   Long Island Power Authority - Yellow marker

            (H)   Metropolitan Transit Authority - Purple marker

            (I)   Buckeye Pipe Line - Chrome yellow marker

            (J)   Fire Department - Purple marker

            (K)   Cable T.V. - Regal blue marker

      (15)   Quality Control Program Requirement for Roadways.

         (i)   All permittees engaged in street openings, shall complete the work so as to provide smooth riding surfaces throughout the guarantee period on their respective restorations.

         (ii)   A documented quality history of restoration shall be maintained by the responsible permittee. This information should show that inspections are made at some optimum intervals to assure conformance to the guarantee.

         (iii)   Quality Control Program information shall be made available to the Bureau upon request.

         (iv)   The use of experimental methods or materials may be authorized under selective conditions, upon application to the Bureau for approval prior to use on the City streets.

         (v)   Any permittee may file a proposed Quality Control Program with the Commissioner for approval. The Commissioner may waive any of the foregoing requirements as part of an approved program of Quality Control. Any waiver so granted shall remain in effect as long as the approved program is implemented in a manner satisfactory to the Commissioner or until the Commissioner's approval is rescinded.

      (16)   Other Requirements.

         (i)   Street Opening Location Form ("Cutforms")

            (A)   Permittees shall maintain a street opening location form ("cutform") at their office and shall provide this form to the department upon request. Such cutform shall include the following information:

               1.   a sketch showing the exact dimensions and location of the restored area, and a description of the opening or trench defined by distance in feet from the nearest intersection and from the nearest curbline;

               2.   the street opening permit number;

               3.   the date of completion of the final restoration;

               4.   the name of the final pavement restoration contractor; and

               5.   a compaction report certified by a New York State licensed professional engineer.

            (B)   Failure to submit a cutform upon request may jeopardize future permit requests and may subject permittees to summonses.

         (ii)   Guarantee period. Permittees shall be responsible for permanent restoration and maintenance of street openings and excavations for a period of three years on unprotected streets, and up to five years on protected streets commencing on the restoration completion date. This period shall be the guarantee period.

         (iii)   Permittees shall comply with all applicable sections of these rules, the Standard Specifications, the Standard Detail Drawings, and all other applicable laws or rules.

   (f)   Excavations and Street Openings in Protected Streets. No street opening activity shall be allowed, except for emergency work or as authorized by the Commissioner, in a protected street for a period of five years from the completion of the street improvement. In addition to this subdivision (f), all provisions of 34 RCNY § 2-11 shall apply to protected streets.

      (1)   Permit Issuance. No permit to use or open any street, except for emergency work, shall be issued to any person within a five year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provision, the Commissioner may issue a permit to open a street within such five year period upon a finding of necessity therefor.

      (2)   Conditions.

         (i)   Permittees shall be responsible for contacting the Department of Design and Construction to determine whether a street is scheduled to be rebuilt under a street reconstruction project. Notwithstanding the foregoing provision, a permittee performing emergency work need not contact such Department.

         (ii)   A permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number for each such permit, prior to the expiration of the permit. The permittee must request and obtain such confirmation number through the Department's website (www.nyc.gov/dot) or other Department-approved method. A permittee commencing restoration work on a protected street must also request and obtain such confirmation number subject to the additional requirements contained in 34 RCNY § 2-11(f)(4)(i).

      (3)   Application.

         (i)   Permittees shall include on the application the justification for any street opening activities on protected streets.

         (ii)   The permittee shall attach the "Protected Street Opening Permit Application Attachment" to the Street Opening permit application prior to obtaining the permit.

      (4)   Restorations.

         (i)   No backfill of any opening or excavation on a protected street shall be performed unless the permittee who has obtained a street opening permit also obtains a confirmation number notifying the Department of such restoration work. The permittee must obtain such confirmation number at least two hours prior to the scheduled start time for the backfill except as otherwise authorized by the Commissioner. The permittee must request and obtain such confirmation number pursuant to § 34 RCNY § 2-11(f)(2)(ii). In no case shall the permittee commence the backfill prior to the scheduled start time. In addition, during the backfill and compaction phase of the work, the permittee must provide, on site, a certified compaction technician from an approved laboratory to test that the compaction of the backfill is in accordance with the Department's rules and Standard Specifications. No base or wearing course of any opening or excavation on a protected street shall be performed unless the permittee obtains a separate and additional confirmation number pursuant to 34 RCNY § 2-11(f)(2)(ii) or submits its daily paving schedule to the Department via e-mail or other Department-approved method prior to commencing work. The daily paving schedule must conform to the Department's requirements and must include but not be limited to the permittee name, location of the work (on, to and from street), permit number(s), and proposed start time.

         (ii)   The Department may inspect any phase of the work, including but not limited to, initial excavation, backfill and compaction, base installation, performance of required cut backs, and final restoration.

         (iii)   A certification issued by a New York State licensed professional engineer shall be provided to the Department within thirty days of completion of work on protected streets. The certification shall state that the type of work performed was as described in the permit application, and that all phases of the restoration were performed in accordance with Department rules, Standard Specifications and Standard Detail Drawings. Upon demand by the Department or as directed by the Commissioner, the permittee shall furnish copies of in-process compaction reports certified by a Professional Engineer as to the compliance with the backfill requirements set forth within this section. All records must be kept by the permittee and made available to the Department for the duration of the guarantee period.

         (iv)   Permittees shall be responsible for the proper repair of the street opening or excavation for a period of three years from the date of completion or for the duration of the protected street guarantee period, whichever is longer.

         (v)   All restorations shall conform to applicable Standard Detail Drawing #H-1042 or to a standard as determined by the Department.

         (vi)   Where street openings cannot be confined to within 8 feet of the curb line, including the required cut back, and/or within the sidewalk area, and where protected street status has been in effect for 18 months or less, the permittee shall restore the street opening or excavation pursuant to the Department's protected street restoration requirements, unless otherwise directed by the Commissioner.

         (vii)   The permanent restoration shall be flushed with the surrounding pavement on all sides of the restoration. In the event a permanent restoration pavement installed in violation of the provisions of subparagraph (i) of this paragraph (4) settles more than two inches (2") below the surrounding existing surface during the life of the guarantee period, this shall be deemed a failure of the backfill compaction, in which case, the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill.

   (g)   Emergency Street Openings and Excavations.

      (1)   Permit Requirements.

         (i)   No person shall perform emergency work without obtaining an emergency number from the Department. Permittees shall fax the Emergency Street Opening Permit request form to the Department's Emergency Authorization Unit to obtain an emergency permit number, unless otherwise directed by the Commissioner.

         (ii)   An emergency permit number may be requested only for emergency work performed on existing services. An emergency permit number shall not be obtained for work to be performed pursuant to a CAR.

      (2)   Conditions.

         (i)   A permittee shall begin emergency work within two hours after obtaining an emergency permit number.

         (ii)   A permittee shall perform emergency work on an around-the-clock basis until the emergency is eliminated, unless otherwise directed by the Commissioner. Once the emergency is eliminated on a critical roadway listed in subdivision (c) of 34 RCNY § 2-07, the permittee shall suspend work, restore the full width of the roadway and resume work, if necessary, during the nonrestricted hours indicated in that subdivision. Such resumption of work shall only be undertaken within the 48-hour duration of the emergency permit number. A permittee working with an emergency number on a roadway other than a critical roadway may suspend or resume work at any time within the 48-hour period covered by the emergency number.

         (iii)   No more than one lane of traffic may be obstructed, however, if an emergency street opening is larger than 8 feet by 10 feet, permittee may occupy up to a maximum of 12 feet on one side of the opening and a maximum of 6 feet on the other side.

         (iv)   All unattended street openings or excavations in a driving lane, including intersections, shall be plated, except as otherwise directed by the Commissioner. The Commissioner may require all street openings and excavations at any location to be plated when no work is in progress. In the case of gas or steam leaks, barricades shall be used pursuant to 34 RCNY § 2-02(h) until the leak is corrected.

         (v)   Barricades, signs, lights and other approved safety devices shall be displayed pursuant to 34 RCNY § 2-02(h).

         (vi)   A minimum of five feet sidewalk width of unobstructed pedestrian passageway shall be maintained at all times. Where openings and excavations do not allow for five feet of unobstructed pedestrian passageway, pedestrians shall be directed by signs to the opposite sidewalk.

         (vii)   No private vehicles shall be kept within the work area.

         (viii)   A permittee shall submit an application for a regular permit, and for Landmarks Preservation Commission permits if applicable, within two business days of receiving an emergency permit number.

         (ix)   Restorations shall be made with in-kind materials.

         (x)   Emergency work in the African Burial Ground and Commons Historic District areas, requires the permittee excavate with utmost caution and the permittee shall not remove any excavation or debris from the site prior to Landmarks Preservation Commission's review of the excavation.

         (xi)   If any emergency street opening results in a width of less than 11 feet in each direction for vehicular traffic, this shall be deemed a full roadway closure. In such case, the Police Department, the Communication Centers of the Fire Department and the Department of Transportation shall be notified simultaneously with the closing.

         (xii)   Emergency permit 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.

         (xiii)   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.

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

      (3)   Application. When applying for an emergency permit number by fax, a permittee shall submit all information required by the Department. This information includes, but is not limited to, the following:

         (i)   Name of permittee

         (ii)   Permittee ID #

         (iii)   Location of emergency (including borough)

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

(Amended City Record 11/20/2015, eff. 12/20/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 3/6/2019, eff. 4/5/2019; amended City Record 7/20/2022, eff. 8/19/2022)