(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)