§ 2-11 Street Openings and Excavations.

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

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

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

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

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

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

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

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

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

(b) Placement.

(1) Manner.

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

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

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

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

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

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

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

(A) the location of such newsrack;

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

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

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

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

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

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

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

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

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

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

(5) within any bus stop;

(6) within a crosswalk area;

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

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

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

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

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

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

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

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

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

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

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

(d) Size, shape and appearance.

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

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

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

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

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

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

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

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

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

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

(f) Indemnification and insurance.

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

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

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

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

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

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

§ 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.

(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.

(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.

(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

(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

(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)

§ 2-12 Vacant Lots.

(a) Property owners' responsibility. Whenever the Commissioner shall so order or direct, property owners shall, at their own expense:

(1) fence any vacant lot(s);

(2) fill any sunken lot(s) in compliance with 34 RCNY § 2-06 or other requirements of these rules;

(3) cut down any raised lot(s) in accordance with the Standard Specifications and 34 RCNY § 2-02.

(b) Failure to comply. Upon the property owner's failure to comply with the requirements of paragraph (a), above, the Department may perform the work or cause it to be performed, the cost of which, together with the administrative expenses, shall constitute a debt recoverable from the owner by lien on the property affected, pursuant to § 19-152 of the Administrative Code.

(c) Reinspection. Upon request of the property owner to the appropriate borough office, the Department shall provide a reinspection by a different departmental inspector than the one who conducted the first inspection.

(d) Permit requirements. The property owner shall obtain a permit from the Department before performing any work pursuant to this section. All permits are subject to applicable provisions contained in 34 RCNY § 2-02.

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

§ 2-13 Vaults.

(a) Vault defined. A vault is any opening below the surface of the street and outside the property line that is covered over.

(b) Exceptions. This 34 RCNY § 2-13 shall not apply to:

(1) Openings that are used exclusively as places for egress or ingress by means of steps to the cellar or basement of any building.

(2) Openings that are used primarily for light and ventilation.

(3) Openings constructed or maintained by utility companies, which are regulated under a separate agreement with the City.

(4) Subways, railroads and related structures that are controlled by a public authority.

(c) License required. A license shall be obtained prior to construction of a new vault or enlargement of an existing vault. A revocable consent shall be required for any vault that extends further than the line of the sidewalk or curbstone of any street.

(d) Permit required. No vault shall be constructed, altered or repaired unless a street opening permit is obtained from the Department upon payment of the established fee.

(e) Applications.

(1) All applicants for a license and/or permit to construct, maintain, alter or repair a vault shall file a written application signed by the applicant, stating the dimensions of the vault, the number of square feet required and four 8½" × 14" cloth copies of a plan. For existing vault repairs, blueprints may be submitted in lieu of cloth copies of the plan at the discretion of the Commissioner. Plans shall include:

(i) The address and the tax lot and block number of the vault property location.

(ii) The distance from the lot property line to the nearest corner property line.

(iii) All frontages, lot lines, and line of building abutting the street.

(iv) All distances from the lot line to the existing curb line (existing width of sidewalk).

(v) The dimensions of the vault at the outer perimeter of the walls, the depth of the vault, and the composition and thickness of the vault walls (top and cross sections).

(vi) Location of all existing or proposed steps, gratings, open areas, coal holes/chutes/slides, entrances, cellar doors, building encroachments, and all other installations in the sidewalk area.

(vii) Details and location of all manhole access covers to a boiler or underground tank, to be installed in accordance with the specifications.

(viii) Approved Department of Buildings plan.

(ix) For existing vaults, verification of annual vault charge return.

(x) For a new vault or an enlargement of an existing vault, a copy of the license agreement filed with the Division of Franchises, Concessions and Consents of the Department.

(2) All applicants shall comply with the requirements of 34 RCNY § 2-02.

(f) Adjustments to license fee. When subsequent measurements indicate that more or less space has been taken for the construction of a vault than that originally paid for, an adjustment of fees shall be made pursuant to § 19-117(e) and (f) of the Administrative Code.

(g) Limitations. No vault shall extend closer than seven feet to the established curb line unless otherwise authorized by the Commissioner. Such authorization may be granted based upon:

(1) Special conditions cited by the applicant and,

(2) Additional construction requirements, including, but not limited to:

(i) A waterproofed recess in the vault roof adequate to receive a standard curb for the entire length at which the curb may be set or reset in accordance with the Standard Specifications and Standard Detail Drawings relating to sidewalk width even in cases where the existing or proposed sidewalk width does not conform to that standard width.

(ii) A strengthening of the vault roof to sustain live loads of six hundred pounds or more per square foot.

(iii) Adequate waterproofed recesses to accommodate existing or proposed street lights, hydrants, traffic signals and other street appurtenances to the Department's standard sidewalk width even in cases where the existing or proposed curb line does not conform to that standard width.

(h) Curb. No vault shall extend beyond the established line of the curb.

(i) Arched or covered vault. No new vault is to be arched or covered unless the owner or applicant shall have had the vault first measured by a duly licensed surveyor who shall deliver to the Department a certificate signed by him or her specifying the area of the vault, together with a diagram showing the dimensions thereof, including its sustaining walls, the location of the vault in relation to the building, curb line, and the nearest street corner intersection, the house number, the tax lot and the block numbers of the plot and all details as to sidewalk covering; in the case of an existing vault, the person claiming the right to the use thereof shall furnish a similar certificate and diagram, except that in such case the measurement shall exclude the sustaining walls if it is impracticable for the surveyor to measure the thickness. See § 19-117(d) of the Administrative Code.

(j) Hoistway openings. No opening in the sidewalk area shall be constructed for the accommodation of any elevator or lift, whether manually or power operated. Existing hoistway openings in the sidewalk may be continued but shall not be enlarged in buildings erected before July first nineteen hundred fifty-seven, provided such openings are equipped with approved type doors located flush with the sidewalk and equipped with elevators. These hoistway openings with elevators may be relocated provided the total number of sidewalk elevators serving the building is not increased. Relocated elevators may not project more than five feet from the building line into the sidewalk area.

(k) Boiler room exit. An exit in the sidewalk area may be constructed and maintained above a steam boiler room. The door over such exit shall be three feet parallel to the building line and two feet at right angles thereto. The cover shall be adjacent to the building line and shall be hinged on the side nearest the curb allowing for it to be open slightly less than ninety degrees with the horizontal. An iron ladder permanently fixed in position shall be installed.

(l) Sidewalks over vaults.

(1) A concrete sidewalk of four inch minimum thickness shall be installed over the structural roof slab of the vault and in conjunction with the structural roof slab shall be able to sustain a minimum live load of six hundred pounds per square foot, in accordance with the Standard Specifications and Standard Detail Drawings. In no case shall the new sidewalk serve as the structural roof of the vault.

(2) The licensee shall be responsible for repairing and maintaining the sidewalk covering the roof of a vault in a safe condition. The Commissioner may order a licensee to repair defects in vault coverings, including defective sidewalk flags, in accordance with subdivision (b) of § 19-151 of the Administrative Code.

(m) Doors and gratings.

(1) All gratings or doors covering openings or roofs of vaults on the sidewalk shall be so constructed as to sustain a minimum live load of six hundred pounds per square foot.

(2) Doors and gratings in sidewalk are not permitted in front of any entrances, including building, store and delivery.

(3) All doors and grating and related hardware shall be flush with the sidewalk.

(4) Door and grating material and design shall be approved by the Department of Buildings.

(n) Defective covers. The Commissioner may order defective vault covers, doors, gratings and adjacent areas which are broken or present a slippery surface to be made safe immediately by the owner and replaced in accordance with the Standard Specifications, Standard Detail Drawings and subdivision (b) of § 19-151 of the New York City Administrative Code.

(o) Abandoned vaults. The Commissioner may order the vault licensee and/or the owner of the premises to fill in an abandoned vault in accordance with subdivision (b) of § 19-151 of the New York City Administrative Code as hereinafter provided. The vault shall be filled in with clean, incombustible material, attaining proper compaction pursuant to the Standard Specifications and Standard Detail Drawings. Where such structures adjoin the curb, the enclosing walls shall be cut down to a depth of two feet below the curb and the roof shall be removed. Proper steps shall be taken to allow for the drainage of water through the vault floor.

(p) Historic districts. All work on vaults in historic districts shall be approved by the Landmarks Preservation Commission prior to the commencement of the work.

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

§ 2-14 Miscellaneous.

(a) Public pay telephones.

(1) An application for a permit for public pay telephones and related equipment shall be made to the Department of Information Technology and Telecommunications (DOITT) pursuant to Chapter 4 of Title 23 of the Administrative Code and pursuant to 67 RCNY Chapter 6.

(2) A street opening permit for installation of a public pay telephone line or stanchion shall be obtained from the Department, pursuant to 34 RCNY § 2-02, after obtaining a permit from DOITT. Fees shall be paid pursuant to 34 RCNY § 2-03.

(3) A street opening permit shall be obtained for the removal of a public pay telephone stanchion and the restoration of the sidewalk. Such sidewalk restoration shall be performed in accordance with the Standard Specifications and Standard Detail Drawings.

(b) Banners.

(1) Permit required.

(i) The Commissioner may issue permits for the display of banners promoting cultural exhibits and events or public or historical events which foster tourism and/or enhance the image of the City. The Commissioner may issue permits to business improvement districts (BIDs), local development corporations (LDCs) or other organizations that have received Commercial Revitalization Program funds (CRP fund recipients) from the Department of Business Services within the past year for the display of banners within the BID, LDC or CRP fund recipient's area that are designed to provide information about such BID, LDC or CRP fund recipient's area to the general public.

(ii) No person shall install, place, affix or attach a banner on any property within the jurisdiction of the Department without first obtaining a permit from the Commissioner.

(iii) No person shall install, place, affix or attach a banner on any property within the jurisdiction of the Department which contains a sponsor trade name or logo without the specific prior authorization of the Commissioner.

(2) General conditions.

(i) The number of banners to be installed and the location of each banner shall be approved by the Commissioner prior to installation. All requested locations may not be approved.

(ii) Banners shall be placed within a one block radius of the event unless otherwise authorized by the Commissioner.

(iii) Horizontal banners, including banners hung across a street, are not permitted.

(iv) Vertical banners shall be not more than 3 feet wide and not more than 8 feet in height. All such banners shall have 6 slits to allow air passage. Two banners per pole are allowed only if they collectively do not exceed 24 square feet. For existing banners only, two banners per pole not exceeding 30 square feet collectively may be allowed by the Commissioner in his/her discretion. Each such banner shall have 3 slits to allow air passage. The bottom portion of a banner shall be not less than 18 feet above the roadway.

(v) Banners shall contain no advertisements. The trade name(s) or logo(s) of the sponsor(s) of the event may be placed on the banner but shall occupy no more than 10% of the banner in total. Corporate sponsor's trade name(s) or logo(s) shall be located on the lower portion of the banner.

(vi) All applicants shall submit a final graphic of the banner prior to the issuance of a permit. It shall be a condition of each permit that the banner is in compliance with the final graphic.

(vii) Applications for banner permits shall be submitted no fewer than 45 days prior to the planned installation date.

(viii) Applicants shall be responsible for inspecting banners and poles and replacing and/or removing banners that are torn, defaced or in general disrepair, including rigging.

(3) Installation, maintenance and removal.

(i) Drilling of lamppost or welding of bracket supports is not permitted. All mounting hardware must be of a corrosion resistant material.

(ii) Banners shall not be attached to any traffic signal posts containing an electrical traffic control device. Banners shall not be installed so as to obstruct the visibility of signs or signals which may be attached to other lampposts.

(iii) Banners shall not be placed on lampposts designated as landmarks by the Landmarks Preservation Commission. Banners shall not be placed on ornamental signposts without meeting specific permit stipulations.

(iv) Banners and any installation apparatus shall be removed immediately upon the expiration of the term of the permit, except where a permit extension has been granted by the Commissioner.

(4) Duration and renewal of permits. Banner permits shall remain in effect for a period of 30 days including installation and removal, and may be renewed up to two times at the discretion of the Commissioner.

(5) Duration and renewal of permits granted to BIDs, LDCs or CRP fund recipients. Permits granted to BIDs, LDCs or CRP fund recipients may remain effective for up to 90 days and may be renewed at the discretion of the Commissioner.

(6) Revocation. Banner permits are revocable at will by the Commissioner.

(1) No person shall erect or maintain a temporary platform or bandstand on the street unless the structure has been approved by the Department of Buildings and a permit has been issued by the Commissioner.

(2) Applicants for a permit to erect or maintain a temporary platform or bandstand shall file a commercial general liability insurance policy, as provided in 34 RCNY § 2-02, with the Commissioner.

(d) Helicopter lifts. A street closing permit for the closing of streets along the route of a helicopter lift shall be required for contractors with licensed operators performing helicopter rigging operations on construction sites. The permit is subject to the following requirements:

(1) a permit for Aviation Operation, External Lift Operation, from the Public Transportation Safety Unit of the Fire Department and

(2) a signed and notarized Indemnification and Hold Harmless Agreement.

(e) Temporary Festoon/Holiday Lighting and/or other Temporary Lighting.

(1) No individuals shall be permitted to hang temporary festoon/holiday lighting and/or other temporary lighting from lampposts or poles containing electrical traffic control devices.

(2) Groups, including but not limited to, Business Improvement Districts, Block Associations and Chambers of Commerce shall be permitted to hang temporary festoon/holiday lighting and/or other temporary lighting from lampposts, provided the following conditions are met:

(i) All temporary festoon/holiday lighting and/or other temporary lighting, their attachments, accessories, installations, and methods of attachment shall be in compliance with the applicable requirements of these rules, the New York City Electrical Code (Chapter 3 of Title 27 of the Administrative Code) and the rules of the New York City Department of Buildings.

(ii) A letter requesting permission to hang temporary festoon/holiday lighting and/or other temporary lighting shall be sent to the Department's Street Lighting Unit each year, 60 days before the holiday or event by the sponsoring group. Such letter shall state the anticipated installation and removal dates of the lighting, the proposed location(s) where the lights shall be installed including the number of block faces of streets to be used, and the number of lampposts to be affected, including those from which power is to be drawn and those that are to be used only as an attachment for the temporary lighting.

(iii) The Street Lighting Unit shall provide a disposition in writing. If approved, the sponsoring group or its electrical contractor shall submit such disposition from the Street Lighting Unit to the Department of Buildings when applying for a Certificate of Electrical Inspection.

(iv) The sponsoring group shall hire an electrical contractor licensed by the City to furnish and install a Ground Fault Circuit Interrupter (GFCI) weatherproof receptacle and install the lighting fixtures and supporting equipment. The GFCI shall be installed near the top of the shaft of the lamppost from which the power is to be drawn.

(v) The sponsoring group or its electrical contractor shall be responsible for the maintenance and replacement, as necessary, of the weatherproof receptacles.

(vi) The sponsoring group or its electrical contractor shall obtain a Certificate of Electrical Inspection from the Department of Buildings prior to applying for a permit from the Department.

(vii) The sponsoring group shall make arrangements with the appropriate electric utility company to pay for the electricity that will be used to illuminate the temporary festoon/holiday lighting and/or other temporary lighting.

(viii) The sponsoring group shall obtain and maintain in force an insurance policy as provided in 34 RCNY § 2-02 and shall indemnify and hold the City harmless from any and all claims for personal injury or property damage arising from the installation, maintenance, operation and eventual removal of the temporary festoon/holiday lighting and/or other temporary lighting.

(ix) A permit to hang temporary festoon/holiday lighting and/or other temporary lighting shall be obtained from the Department of Transportation, prior to commencing work, upon the showing of the letter of consent from the Street Lighting Unit and the Certificate of Electrical Inspection from the Department of Buildings pursuant to subparagraphs (iii) and (vi) of this paragraph.

(x) Temporary festoon/holiday lighting and/or other temporary lighting with necessary feed wires and supports may be permitted over sidewalks for a period not to exceed 90 days, provided they do not interfere with the free use of fire escapes and drop ladders. All such electrical construction shall be removed within the time stated on the permit, excluding the authorized GFCI weatherproof receptacle. The receptacle shall be permitted to remain provided that it is properly maintained. Any receptacle(s) not properly maintained shall be removed, within one (1) to ten (10) days of notice from the Department, as directed by the Department, by the sponsoring group at its sole cost and expense. In the event that the sponsoring group fails to remove the receptacle(s) or in the case of an emergency, the Department may remove such receptacle(s) and charge the cost of removal to the sponsoring group.

(xi) Prior to commencing any work, the electrical contractor shall test each pole for stray voltage. if a pole tests positive, the electrical contractor shall contact the Department and Con Edison immediately and shall report such test result and the location of the pole. The electrical contractor shall wait for clearance from the Department and Con Edison prior to the commencement of work.

(xii) After completing the installation of the temporary festoon/holiday lighting and/or other temporary lighting, the electrical contractor shall retest each pole for stray voltage. If a pole tests positive, the electrical contractor shall contact the Department and Con Edison immediately and shall report such test result and the location of the pole.

(xiii) The electrical service shall not exceed 120 volts and shall not be fused larger than fifteen (15) amperes.

(xiv) The installation of temporary festoon/holiday lighting and/or other temporary lighting shall comply with the minimum height clearances below:

Nature of Crossing	Conductors Guys, Spans, Messengers
Nature of Crossing	Under 300 Volts	300 Volts to 750 Volts	750 Volts to 15,000 Volts	15,000 Volts to 33,000 Volts
Above track rails of freight railroads.	27 feet	27 feet	28 feet	30 feet
Above track rails of elevated railways.	25 feet	25 feet	25 feet	25 feet
Above track rails of surface railways.	22 feet	22 feet	25 feet	25 feet
Above roadways of streets, etc.	18 feet	18 feet	20 feet	22 feet
Above spaces or ways accessible to pedestrians only, i.e., sidewalks and alleyways.	14 feet* *For guys, 8 feet shall be sufficient for anchor guys not crossing pathways.	18 feet	20 feet	22 feet

(xv) Temporary festoon/holiday lighting and/or other temporary lighting, strings or messengers shall not be supported by or secured to any fire escape or drainpipe. They shall be insulated from their supports by strain insulators.

(xvi) Streamers, messengers or supports shall not be attached to or supported from electric, light, telephone, communications or trolley poles or lines without permission from the owners.

(xvii) Any sponsoring group and/or electrical contractor who fails to comply with the requirements of this subdivision shall be excluded from the permit process for temporary festoon/holiday lighting and/or other temporary lighting for the following year or seasonal cycle, or other period of time as determined by the Department.

(xviii) Requests to make adjustments to the work performed shall be approved by the Department.

(xix) The Department may mandate that changes be made to the work performed.

(xx) The electrical contractor shall test each pole for stray voltage after removing the temporary festoon/holiday lighting and/or other temporary lighting equipment in compliance with the permit limits. If a pole tests positive, the electrical contractor shall contact the Department and Con Edison immediately and shall report such test result and the location of the pole.

(xxi) At the completion of the work, a letter shall be sent to the Department certifying that the work was conducted in accordance with all rules and regulations.

(f) Commercial refuse containers. Commercial refuse containers are containers placed on the public roadways temporarily, the use of which is not related or connected to any use or activity for which a Department of Buildings permit and/or a construction activity permit from the Department, pursuant to 34 RCNY § 2-05, is required to be obtained. Commercial refuse containers shall not be used for the storage of putrescible waste.

(1) No commercial refuse container shall be placed on the street unless the owner of the container has obtained a permit from the Department pursuant to 34 RCNY § 2-02. Notwithstanding such requirements, the owner of the container shall not be required to post such permit at the work site.

(2) Commercial refuse containers shall not be stored or placed within:

(i) any "No Stopping," "No Standing", "No Parking Anytime", or "Authorized Parking" areas;

(ii) fifteen feet of hydrants;

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

(iv) a crosswalk or pedestrian ramp, nor shall it be stored or placed in any manner so as to obstruct any crosswalk or pedestrian ramp;

(v) five feet of railroad tracks. The prohibitions set forth in subparagraphs (i) through (v) shall not apply to areas where posted signs prohibit standing except for trucks loading and unloading. In exceptional circumstances, the Commissioner may grant permission to store or place containers in the areas specified in subparagraphs (i) through (v) above. An application for such permission shall be made to OCMC indicating the need for such placement.

(3) Storage of commercial refuse containers shall not in any way interfere with or obstruct access to subway facilities, utility access points, hydrants, fire alarms, traffic signals, street signs, bus stops or bus shelters, water main valves or gas shut-off valves, unless permission is obtained from the appropriate City Department or utility.

(4) The name, address and telephone number of the owner of the container shall be permanently affixed in characters at least three inches high both on the side of the container that faces the sidewalk area and also on the opposite side that faces the street, with such display being in a color contrasting with that of the container and placed approximately midway vertically.

(5) Each container shall be stored parallel to the curb and extend no more than nine feet from the curb into the roadway.

(6) The street shall be protected with proper covering (e.g., planking, skids, plating, or pneumatic tires) to prevent damage before containers are placed on the street. Protection shall be placed directly under each steel wheel or roller of the container to adequately distribute the weight. Protection must remain in place for the entire time the container remains on the roadway. Placement of all protection shall be done upon delivery by the owner of the container. All planking and skids for containers shall be a minimum of 1 1/2" to a maximum of 3" thick. Overall size of the protective covering shall be a minimum of 12" x 12" and the placement of the protective covering shall not exceed the outer dimensions of the container.

(7) All containers shall be clearly marked on all four sides with high intensity reflective 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.

(8) Sidewalks, gutters, crosswalks, bike lanes and driveways shall at all times be kept clear and unobstructed and all dirt, debris and rubbish shall be promptly removed therefrom.

(9) The owner of any container shall comply with all applicable provisions of Titles 16 and 16-A of the New York City Administrative Code and Title 17 of the Rules of the City of New York.

(g) Storage boxes. No person shall place on any street a box for the purpose of storing written matter or any other type of material or attach such box to any item of street furniture or to the pavement in any way.

(h) No smoking in pedestrian plazas. Smoking is prohibited in all pedestrian plazas under the jurisdiction of the Department. Such pedestrian plazas will be designated by the Department on its website.

(i) Flagpole sockets. It shall be permissible, by and with a permit of the Commissioner and with permission of the owners of abutting property, for any organization of military, naval and marine war veterans to place in sidewalks flagpole sockets to be used only for the placing therein of stanchions or poles on which to display American flags to be used on patriotic occasions, public celebrations, or in connection with public parades. Such organizations shall place flagpole sockets at least five feet apart and at least eighteen inches, but no more than twenty-four inches, from the face of the curb. The general conditions set forth in 34 RCNY § 7-06 applicable to revocable consents shall apply to such permits, except as provided in this subdivision. When the sidewalk socket does not have a flagpole in it, the socket shall be capped or covered and shall be flush with the sidewalk.

(j) Temporary Outdoor Dining Setups.

(1) Definition. For the purposes of this subdivision, the term “temporary outdoor dining setup” means outdoor dining facilities authorized to continue operating on the sidewalk and in the roadway pursuant to section 10 of L.L. 2023/121.

(2) Maintenance. Temporary outdoor dining setups shall be kept clean, well-maintained, and clear of trash, debris, vermin, food scraps, and unsanitary conditions.

(3) Placement.

(i) Temporary outdoor dining setups shall not block or obstruct any of the following sidewalk and roadway features:

(A) a bus lane or bus stop;

(B) a bicycle lane;

(D) a taxi stand;

(E) a catch basin, utility cover, sewer, rainwater drainage or flow.

(ii) Temporary outdoor dining setups shall not be located in any of the following designated zones on a roadway:

(A) No Stopping Anytime;

(B) No Standing Anytime;

(D) No Standing during specific hours.

(iii) Temporary outdoor dining setups shall be located at least fifteen (15) feet from a fire hydrant and at least eight (8) feet from a crosswalk.

(4) Temporary outdoor dining setups shall be directly accessible to persons with physical disabilities, including the provision of an accessible ramp, if applicable.

(5) Temporary outdoor dining setups shall provide a clear path for pedestrians on the sidewalk that is no less than eight (8) feet wide.

(6) Roadway Barriers.

(i) Barriers shall be maintained on all sides of a temporary outdoor dining setup located on the roadway, except the side abutting the sidewalk.

(ii) All barriers must be completely filled with material (e.g., water, sand, etc.). Water-filled barriers are strongly recommended.

(iii) Barriers shall be between thirty (30) inches and thirty-six (36) inches in height, not including the height of any plantings above such barrier. Barriers shall be at least eighteen (18) inches in width.

(iv) A reflective strip shall be located on each barrier, along the entire length of the outward-facing side of such barrier.

(7) Outdoor dining setups must be used and occupied by the restaurant that erected them for outdoor dining. If not used and occupied for outdoor dining for thirty (30) consecutive days or more, they must be removed from the sidewalk and roadway by the restaurant. The department may send a written notice to the owner to remove an unused setup from the street or sidewalk. If the owner does not remove the setup or utilize the setup for outdoor dining purposes within fourteen (14) days after such notice the department may remove the setup to a place of safety and send notice of such removal to the owner of such restaurant if an address for such person is available. If the property is unclaimed it may be disposed of in accordance with the provisions of the personal property law relating to lost property. If the property has slight or no value the department may provide for its immediate disposal after removal.

(8) The department may order the removal of or remove any outdoor dining setup or other obstruction that the Commissioner determines is a danger to public welfare, safety, or energy system reliability, including for planned or emergency work.

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 7/20/2022, eff. 8/19/2022; amended City Record 9/12/2023, eff. 9/12/2023)

Disclaimer: The Codes and other documents that appear on this site may not yet reflect the most current legislation or rules adopted by the City. In addition, certain textual errors and omissions may temporarily exist, resulting from problems in the source database provided to American Legal and from which this website was created. Although these errors and omissions are being corrected, any user discovering any such error is invited to please contact the publisher at NYC.editor@amlegal.com or at 800-445-5588 and/or the New York City Law Department at NYCCodeRulesCharter@law.nyc.gov.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc