§ 2-09 Sidewalk, Curb and Roadway Work.
RCNY § 2-09
(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.
(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.
(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.
(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.
(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.
(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.
(g)Curb (concrete, steel faced, stone).
(h)Roadway.
