(a) Advertising prohibited. No advertising shall appear on any improvement which is the subject of a revocable consent agreement.
(b) Maintenance. Graffiti shall be removed within seven days of appearance. Art Commission approved colors shall be used and maintained. Sidewalks fronting the entire property must be in good condition, without violations or illegal encroachments.
(c) Clearances for above-ground structures.
(1) Corner clearance policy. No revocable consent will be granted for above-ground structures located within the corner quadrant (the area ten feet from either side of the area created by extending the building line to the curb) pursuant to Executive Order #22 of 4/13/95, as amended.
(2) Improvements shall be at least 18 inches from the curb line (front face of curb).
(3) Clear path. A straight unobstructed path ("clear path") for pedestrian circulation on the sidewalk shall remain after the installation of the improvement. The minimum width of the clear path shall be the greater of eight feet or one-half of the sidewalk width. The minimum width of the clear path shall be the greater of ten and one-half feet or one-half of the sidewalk width where a bench, information kiosk or bicycle rack with bicycles parallel to the curb or a queuing area enclosed by poles abuts the clear path. The minimum width of the clear path shall be the greater of 12 1/2 feet or one-half of the sidewalk width where a bicycle rack with bicycles perpendicular to the curb abuts the clear path. The clear path shall be maintained for 15 feet to either side of the improvement. When possible, the improvement shall abut, be aligned with, or be located between other major obstructions such as subway entrances, bus stop shelters, newsstands, and sidewalk cafes.
(4) Improvements shall not be located under fire escapes.
(5) (i) The following minimum distances shall be required between the revocable consent improvement and the specified element or object, except as otherwise specified herein:
Subway Entrance (open side) | 15' |
Sidewalk Cafes | 15' |
Newsstand | 15' |
Bus Stop (with/without shelter) | 15' |
Fire Hydrant/Standpipe | 10' |
Driveway | 10' |
Bicycle Rack (including all bicycles) | 8' |
Street Tree | 5' |
Bench | 5' |
Principal Building Entrance | 5' |
Ramp intended to provide access for people with disabilities | 5' |
Subway Entrance (closed end or side) | 5' |
Public Telephone | 5' |
Planters on the sidewalk not adjacent to the building facade | 5' |
Mail Box | 4' |
Street Lights | 4' |
Parking Meters | 4' |
Edge of Tree Pit | 3' |
Street Signs | 3' |
Utility Hole Covers, Cellar Doors, Areaways | 3' |
Transformer Vault, Sidewalk Grates | 3' |
All Other Legal Street Furniture | 5' |
(ii) Benches, information kiosks, litter receptacles, mail boxes, planters and public telephones may be located in an aligned grouping with a reduced minimum clearance between them of three feet. Other structures may be incorporated into such groupings provided the minimum clearances in subparagraph (i) above are provided. In no case shall such groupings extend for a length greater than 30 feet along the sidewalk. The listed elements may also be combined, without separation, into a single structure provided the overall length of such unitary structure and any other of the listed elements outside the grouping or unitary structure shall be no more than 15 feet. In no case shall a grouping or unitary structure be less than 15 feet from another grouping or unitary structure.
(d) Waiver.
(1) Where strict compliance with these rules shall create undue hardship, the Commissioner may waive or modify these rules, in specific cases, except where prohibited by law, if in his/her opinion, the public health, safety and general welfare will not be endangered thereby. The petitioner shall request such waiver in writing and shall provide any information requested by the Department which may assist the Commissioner in his or her determination.
(2) Notwithstanding the above provisions, prior to waiving the standards or rules related to the location or dimensions of improvements, the Department shall refer the proposed change to DCP for review.