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(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)
(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.
(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.
(c) Bandstands and temporary platforms.
(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 | |||
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.
(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;
(C) a carshare or bikeshare station;
(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;
(C) No Stopping during specific hours;
(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)
(a) The Commissioner may serve an order upon a property owner to remove or alter any unauthorized projection, encroachment or encumbrance on or in front of his premises within a period to be specified in such order; such order shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which the projection, encroachment or encumbrance may be, or by posting such order thereon.
(b) Where a property owner fails to alter or remove the encroachment, encumbrance or projection within the time specified in the order, the Commissioner may remove or alter or cause such encroachment, encumbrance or projection to be removed or altered at the expense of the owner or constructor thereof, who shall be liable to the City for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by § 19-150 of the Administrative Code, to be recovered with costs of suit.
(1) In addition to any other remedies or penalties, whenever such removal, alteration, repair and restoration is undertaken by the Commissioner he or she may certify separately the cost and expense of such removal, alteration, repair and restoration to the Commissioner of Finance, who shall charge the amount of such costs and expenses against the property upon and with respect to which the work was performed. Each such charge shall be a lien upon the property or premises in respect to which the same shall have been made, which lien shall have priority over all other liens and encumbrances except taxes and assessments for other public or local improvements, sewer rents, water rents and interest or penalty thereon levied or charged pursuant to law.
(2) As an alternative to the remedies prescribed above, the Commissioner may in his or her discretion institute through the Corporation Counsel any appropriate action or proceeding at law against such owner for the recovery of the costs and expenses of such removal, alteration, repair and restoration undertaken by the Commissioner, as provided in § 19-133 of the Administrative Code.
(a) Prior to the issuance of a permit that will result in a publicly mapped street being fully closed for more than 180 consecutive calendar days an applicant shall submit a Community Reassessment, Impact and Amelioration (CRIA) statement to the Department for its approval. Without such approval by the Department, the Department may refuse to issue a permit. This provision shall apply to single permits or to a combination of permits that would result in such full street closure for a total of more than 180 consecutive calendar days.
(b) Any individual or entity that effectuates the closure of a street for more than 180 consecutive calendar days for which a permit from the Department is not required, with the exception of such street closures initiated by a local law enforcement agency, shall comply with all provisions of this section.
(c) The CRIA statement shall contain the following:
(1) the objectives of the closure and the reasons why the continued street closure is necessary to attain those objectives;
(2) identification of the least expensive alternative means of attaining those objectives and the costs of such alternatives, or a statement and explanation as to the unavailability of such alternatives;
(3) how the continued street closure will impact access and traffic flow to and within the surrounding community, including but not limited to, access to emergency vehicles, residences, businesses, facilities, paratransit transportation and school bus services; and
(4) any recommendations to mitigate adverse impact and increase access to and within the area.
(d) The requirement for the issuance of a CRIA statement as described in this subdivision may be satisfied by delivery of an environmental assessment statement or environmental impact statement conducted pursuant to CEQR rules, that has been approved by the Department.
(e) The individual or entity requesting a street closure as provided for in this section shall attend and assist the Department at the public forum held pursuant to the requirements of § 19-107(b) of the Administrative Code of the City of New York and any other public forum resulting from the street closure upon request from the Department, and shall assist the Department in producing responses to any and all issues raised pursuant to such public forum(s).
(f) The Department may require the individual or entity requesting such street closure to issue the Department approved CRIA, environmental assessment statement or environmental impact statement to the community board and the council member in whose district the street is located.
New York City Department of Transportation adjudications regarding the fitness and discipline of agency employees will be conducted by the Office of Administration Trials and Hearings. After conducting an adjudication and analyzing all testimony and other evidence, the hearing officer shall make written proposed findings of fact and recommend decisions, which shall be reviewed and finally determined by the Commissioner.
Incorporation by Reference of Rules Promulgated by the New York City Department of Consumer Affairs. The rules related to newsstands promulgated by the Department of Consumer Affairs in Subchapter G of 6 RCNY Chapter 2 of the Rules of the City of New York are hereby incorporated by reference into this Chapter as rules of the Department of Transportation.
(a) Definitions. For purposes of this section, the following terms shall have the following meanings:
Available. "Available" means accessible for use by bicyclists on whose behalf the tenant or subtenant has requested bicycle access.
Covered. "Covered" means enveloped by a roof or functional equivalent. For purposes of this definition, "roof" means the outer cover and its supporting structures on the top of a building.
Foldable bicycle. "Foldable bicycle" means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) by 32 inches (813 mm).
Indoor. "Indoor" means situated in the interior of or within a building that is within four blocks or one thousand feet (304.8 m), whichever is less, of the building for which a bicycle access plan is requested.
Off-street. "Off-street" means located in an area other than the roadway or the public sidewalk within four blocks or one thousand (304.8 m) feet, whichever is less, of the building for which a bicycle access plan is requested.
Owner. "Owner" means the owner of the office building or such other person who controls such building and their agents.
Secure. "Secure" means that (i) the entry to or exit from the alternate bicycle parking is locked or supervised by building personnel and permitted only to (A) the owner and (B) bicycle owners on whose behalf the tenant or subtenant has requested bicycle access, and (ii) a bicycle owner can lock a bicycle to a fixed object (including, but not limited to, a bicycle rack) such that the bicycle is protected from damage or theft.
(b) Bicycle Access Plan.
(1) Request for Bicycle Access.
(i) The tenant or subtenant of an office building, as defined in Administrative Code § 28-504.1, may submit a request for bicycle access, in writing on a form provided by the Department, to the owner of such office building. Such request must include a certification by such tenant or subtenant that there is sufficient space within such tenant's or subtenant's premises to store the requested number of bicycles in a manner that does not violate the New York City Building or Fire Code or any other applicable law, rule or code, or which would impede ingress or egress to such premises or building. Such request must be submitted by certified mail, return receipt requested.
(ii) The tenant or subtenant must file a copy of any request for bicycle access with the Department. Such request may be filed electronically by submitting it through the Department's website (www.nyc.govbikesinbuildings) or by submitting such request by regular mail to the Department of Transportation, 55 Water Street, 9th Floor, New York, NY 10041, Attention: Bikes in Buildings Program.
(iii) The owner of such office building must complete and implement a bicycle access plan for such building within thirty (30) days after receipt of a written request from such tenant or subtenant of such building.
(iv) The owner of the building may request an exception to the requirements of Administrative Code § 28-504.1.2 in accordance with subdivision (d) of this section.
(2) Contents of Bicycle Access Plan.
(i) Requirements. The bicycle access plan prepared by the owner of a building must, for bicyclists on whose behalf the tenant or subtenant has requested bicycle access, include but not be limited to:
A. provisions for at least one freight elevator that meets each of the following conditions:
1. such elevator will be made available for bicycle access for each building tenant or subtenant and employees thereof, who requests such access, during the regular operating hours of such elevator;
2. bicycles will be allowed to be transported to and from such elevator along each route that is used to transport freight to and from such elevator, to the extent practicable, and where such routes do not present substantial safety risks;
3. no escort by building personnel will be required for a person transporting a bicycle to or from such elevator if no such escort is required when a person is transporting freight to or from such elevator; and
4. a person transporting a bicycle to or from such elevator, and any package or other material in such person's possession, will be subject to the same or substantially similar security measures applicable to other persons entering such building or such elevator.
B. provisions allowing bicycles to be brought in or out of such building using one or more designated passenger elevators when the freight elevator described in Subparagraph (A) is not operational and at any time outside the regular operating hours of the freight elevator described in Subparagraph (A).
C. information about the location of building entrances;
D. information about the route to freight elevators that accommodate bicycle access;
E. the route to a designated area for bicycle parking on an accessible level if such bicycle parking is made available; and
F. a notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage.
(ii) For purposes of these rules it shall be presumed that if a freight elevator in the building is available for carrying freight, it is available for carrying a bicycle for purposes of providing bicycle access.
(iii) Bicycle access shall be available, at minimum, during the regular operating hours of the freight elevator in the event that such elevator is used for bicycle access.
(iv) Upon receiving and reviewing its copy of a request for a bicycle access plan that has been filed in accordance with subparagraph (ii) of paragraph one of subdivision (b) of this section, the Department may require that additional information be included in the plan because it has determined that such information is appropriate for the particular building in question.
(c) Amendments to plan. The owner of a building must either create a new plan or amend a plan as needed (1) to address changed circumstances which warrant a revision in a particular tenant's or subtenant's plan, or in a plan that is applicable to all tenants; or (2) to accommodate new requests from other tenants or subtenants requesting bicycle access. Should such owner of a building elect to amend a bicycle access plan pursuant to this section, such plan must be amended within thirty (30) days of receiving a request for bicycle access. Any such amendments that may materially affect the bicycle access plan shall be completed and implemented within thirty (30) days of the changed circumstances or to accommodate new requests from other tenants or subtenants requesting bicycle access, and do not preclude the requirement to comply with the provisions of this section. All amendments must be filed with the Department pursuant to the provisions of Subdivision (g) of this section.
(d) Exceptions.
(1) Bicycle access need not be provided if an owner of a building applies to the Commissioner for, and is granted, a letter of exception as set forth below. Such request must be sent by certified mail, return receipt requested within fifteen (15) days after such owner has received a request for a bicycle access plan to the Department of Transportation, 55 Water Street, 9th Floor, New York, NY 10041, Attention: Bikes in Buildings Program, and certifies the following:
(i) no freight elevator in such building is available because unique circumstances exist involving substantial safety risks directly related to the use of each such elevator pursuant to Administrative Code § 28-504.1.3(1) ("Exception 1"); or
(ii) there is sufficient secure alternate covered off-street no-cost bicycle parking within four blocks or 1,000 feet (304.8m), whichever is less; or there is sufficient secure alternate indoor no-cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8m), whichever is less, of such building to accommodate all tenants or subtenants of such building requesting bicycle access and that such off-street parking is accessible on a 24-hour basis pursuant to Administrative Code § 28-504.1.3(2) ("Exception 2"). The number of bicycle parking spaces available must be at least equal to the number of bicycles contained in the bicycle access tenant requests.
(2) A request for Exception 1 shall include the basis for requesting such an exception and shall also include but not be limited to the following supporting documentation:
(i) A certification from a professional engineer who is licensed and registered in New York State. Such certification shall include but not be limited to the following facts:
(A) The date the building was constructed;
(B) The date the elevator was installed;
(C) The method of elevator door closing;
(D) Whether the elevator is self-service or there is an operator;
(E) Whether there is a car top;
(F) Whether there is a car gate or door; and
(G) The professional engineer's license number.
(ii) Upon receiving and reviewing a request based on Exception 1, the Department may require that additional information be submitted in support of the request because it has determined that such information is appropriate for the particular building in question.
(3) A request for Exception 2 must include the basis for requesting such an exception and must also include but not be limited to the following supporting documentation:
(i) Proof that secure alternate covered off-street no-cost bicycle parking or secure alternate indoor no-cost bicycle parking is available to or under the control of the owner of the building. Such proof may include but not be limited to a copy of a deed, lease, title, permit or contract evidencing such control.
(ii) The route to the secure alternate covered off-street no-cost bicycle parking that is within four blocks or 1,000 feet (304.8m), whichever is less; or the route to the secure alternate indoor no-cost bicycle parking available on the premises or is within four blocks or 1,000 feet (304.8m), whichever is less, of such building.
(iii) Upon receiving and reviewing a request based on Exception 2, the Department may require that additional information be submitted in support of the request because it has determined that such information is appropriate for the particular building in question.
(4) Pending the Department's inspection, review and determination of a request for a letter of exception, an owner of a building will be exempt from complying with the requirements of this section.
(e) Inspection and determination.
(1) If Exception 1 is sought: After conducting an inspection of the building and freight elevator, the Commissioner of the Department of Buildings will thereafter issue a final determination to the Department as to whether to grant Exception 1. Such final determination will be included in the Department's letter of exception or denial sent to the owner.
(2) If Exception 2 is sought: After conducting an inspection in consultation with the Department of Buildings of the secure alternate covered off-street no-cost bicycle parking or the secure alternate indoor no-cost bicycle parking, the Commissioner shall thereafter issue a final determination as to whether to grant Exception 2.
(3) A letter of exception or denial must be sent by the Department by certified mail, return receipt requested, to the owner.
(4) If a letter of denial is sent, a bicycle access plan must be posted within twenty (20) days after receipt of such letter.
(f) Posting.
(1) The owner of a building for which a bicycle access plan has been adopted must post in such building either a current bicycle access plan or a notice in the building lobby indicating that the plan is available in the building manager's office upon request. The posting of such plan or notice must be made within five (5) days after completion of such plan. Such posting or notice must indicate that other tenants or subtenants are entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such request, certify that there is sufficient space within such tenant's or subtenant's premises to store the requested number of bicycles in a manner that does not violate the New York City Building or Fire Codes or any other applicable law, rule or code, or which would impede ingress or egress to such building.
(2) The owner of a building for which an exception to the bicycle access plan requirement has been granted must post in such building the letter of exception provided by the Commissioner pursuant to subdivision (d) of this section, or a notice in the building lobby indicating that such letter of exception is available in the building manager's office upon request. The posting of such letter or notice must be made within five (5) days after receipt of such letter of exception.
(3) Bicycle access plans, letters of exception and notices of availability of either such documents shall be made available to the Department, the Department of Buildings or authorized representatives of any other City agency upon request.
(g) Filing of bicycle access plan and subsequent amendments with the Department. A bicycle access plan must be filed with the Department by electronic submission through the Department's website (www.nyc.gov/bikesinbuildings) or by regular mail to the Department of Transportation, 55 Water Street, 9th Floor, New York, NY 10041, Attention: Bikes in Buildings Program, within ten (10) days of completion of such plan. Should the owner of a building amend their bicycle access plan pursuant to Subdivision (c) of this section, such amendment must be filed with the Department as outlined above within ten (10) business days of completion of such amendment.
(h) Foldable bicycle access. It is unlawful for an owner of a building the main occupancy of which is offices that are classified in occupancy group B to prohibit a tenant or subtenant from transporting a foldable bicycle to or from such tenant or subtenants space on a passenger elevator, provided that such bicycle is fully folded.
(i) Emergencies. In an emergency that requires the evacuation of all or part of a building, the owner may limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
(j) Restriction or limitation on bicycle access. If the owner of a building is issued a violation of the New York City Administrative Code or the New York City Fire Code, or a rule promulgated thereunder, arising from the storage of a bicycle, and such owner shows that such violation occurred in an area of such building that is under the control of a tenant or subtenant, such owner may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
(Amended City Record 10/5/2017, eff. 11/4/2017)
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