§ 4-16 Pedestrian Plazas.
RCNY § 4-16
(a)Proposals and Applications to Designate Pedestrian Plazas. In addition to areas selected by the Department to be designated as pedestrian plazas pursuant to § 19-157(b)(1) of the Administrative Code, the Department shall accept proposals and applications for areas under its jurisdiction to be designated as pedestrian plazas.
(1)Proposals. A proposal for the designation of an area as a pedestrian plaza may be submitted by mail or electronic mail to the Department by a community board, council member, borough president, or not-for-profit organization. Electronic mail submissions are preferred and may be sent to [email protected]. Post submissions may be mailed to: Pedestrian Plaza Proposal, New York City Department of Transportation, 55 Water Street, New York, NY 10041.
(i)All proposals must include: (A) A map or description of the area requested for designation; (B) A suggested pedestrian plaza partner; (C) A statement explaining the need for such plaza, including how it would promote safety and contribute to the community; and (D) The proposer's contact information. (E) At least five (5) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents.
(ii)Within 90 days of receipt of such proposal, the Department shall issue a response as to whether or not the proposal as described is viable. A proposal is viable if it does not adversely impact the transportation network to a significant degree, if the surrounding land uses are appropriate to support a pedestrian plaza, and if the size and shape of the proposal will support the full range of activities that take place in pedestrian plazas. If the Department determines that the proposal is viable, the Department will recommend that the proposer submit an application with a pedestrian plaza partner during the next period during which applications are accepted.
(iii)The submission of a proposal shall not be deemed an application for purposes of this section.
(2)Applications.
(b)If the applicant's operating budget is $25,000 or more, its most current IRS 990 Form must be submitted.
(c)If the applicant's operating budget is $100,000 or more but less than $250,000, its most current IRS 990 Form and an independent accountant's review report must be submitted.
(d)If the applicant's operating budget is $250,000 or more, its most current IRS 990 Form and audited financial statements must be submitted, (E) At least eight (8) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents; (F) Three (3) photographs of the site of the proposed pedestrian plaza.
(iv)Review. Applications will be reviewed and evaluated according to the following criteria: (A) Open Space: The Department will prioritize proposed pedestrian plazas that are in neighborhoods with an insufficient amount of open space; (B) Community Initiative: Applicants must demonstrate the ability to develop and execute a community outreach plan, build consensus around the proposal, and solidify local stakeholder support; (C) Site Context: The Department will evaluate the appropriateness of the adjacent land uses, population density, proximity to transit, safety, and other nearby open space; (D) Organizational and Maintenance Capacity: Applicants must demonstrate that they are willing and able to manage, operate, maintain, and program the proposed pedestrian plaza, including having an active Board of Directors or similar governing members and established staff; and (E) Income Eligibility: The Department will prioritize proposed pedestrian plazas that are located in low- or moderate-income neighborhoods as designated by the United States Department of Housing and Urban Development as eligible for Community Development Block Grants.
(v)The application and guidelines regarding the management of pedestrian plazas can be found on the Department's website.
(vi)Selection. (A) Within 120 days of the deadline to submit an application, the Department shall issue a response as to whether the proposed pedestrian plaza has been accepted or rejected. Such responses shall be sent to applicants by electronic mail or mail, as applicable. (B) If the Department accepts an application, it shall notify any affected council members, community boards, and borough presidents no less than 60 days before designating the proposed pedestrian plaza. Within 45 days of receipt of such notice, such council members, community boards, and borough presidents may submit comments regarding such proposed pedestrian plaza, which shall be considered by the Department.
(3)List of Designated Plazas. A list of all pedestrian plazas shall be posted on the Department's website.
(4)Rescinding Pedestrian Plaza Designations. The Department may, at its own discretion, rescind the designation of any pedestrian plaza.
(5)Any person engaged in filming or photography, where such activity is subject to the permit requirements of the Mayor's Office of Film Theatre & Broadcasting, may engage in such activity only upon obtaining such permit from that office.
(6)Any person using or operating any sound device or apparatus, where such use or operation is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.
(7)Any person holding a parade, procession, or demonstration, where such activity is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.
(8)Where exigent circumstances exist and a police officer or a designated Department employee gives notice to a person to move temporarily from any location in or on a pedestrian plaza, such person shall immediately move from such location until further notice. For the purposes of this section, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian traffic, the existence of any obstruction in or on the pedestrian plaza, an accident, fire, or other emergency situation.
(9)Concession Seating.
(10)No person shall gamble or conduct or engage in any game of chance, unless such game of chance is permitted by law.
(11)No person shall appear in such a manner that the person's genitalia are unclothed or exposed, except as otherwise permitted by law.
(12)No person shall engage in camping, or erect or maintain a tent, structure, shelter or camp.
(13)No person shall allow any dog in the person's custody or control to be unrestrained or to discharge any fecal matter in or on any pedestrian plaza, unless such person promptly removes or disposes of same. This provision shall not apply to a guide or service animal accompanying a person with a disability.
(14)No person shall operate an aircraft, kite or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever.
(15)No person shall feed any undomesticated animal, including unconfined squirrels and birds, in or on any pedestrian plaza.
(e)Times Square Pedestrian Plaza.
