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What is NYC AC § 19-159.3?

Quick Answer

This section outlines the requirements for maintaining temporary bicycle lanes during construction or other work affecting roadways. It mandates that permits issued for such work include stipulations for the maintenance of temporary bicycle lanes, and it establishes a notice requirement for relevant local officials. Applies to permit applicants affecting street segments with bicycle lanes.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 19-159.3 Temporary bicycle lanes.

AC § 19-159.3

a. Definitions. As used in this section, the following terms have the following meanings: Bicycle lane. The term "bicycle lane" means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles. Temporary bicycle lane. The term "temporary bicycle lane" means a bicycle lane intended to be used for a limited period of time during which construction or other work prevents or otherwise affects use of a bicycle lane on a roadway, street segment or intersection. b. Requirements. Any permit issued by the commissioner authorizing work affecting a street segment or intersection that has a bicycle lane shall include a stipulation requiring that the applicant maintain a temporary bicycle lane, and shall specify the particular manner in which the applicant shall maintain the temporary bicycle lane for such street segment or intersection. Notwithstanding the foregoing, in the event the commissioner determines that maintenance of a temporary bicycle lane is not feasible on such street segment or intersection, such determination shall not prohibit issuance of the permit, provided however that the permit shall set forth such other measures the applicant must take to protect public safety, including persons utilizing bicycles on such street segment or intersection. c. Notice requirement for work affecting a street segment or intersection that has a bicycle lane. Upon approving an application for a permit authorizing work affecting a street segment or intersection that has a bicycle lane, the department shall provide notice, through electronic means, to the affected borough president, the council member of the affected council district, the senator of the affected senate district, the member of assembly of the affected assembly district, and the district manager of the affected community board. Such notice shall include the following information: 1. The name and contact information of the applicant; 2. The anticipated start and end dates of the work; 3. The location, nature and extent of the work to be performed; 4. The permit type; 5. Any permit stipulations related to the maintenance of a temporary bicycle lane; and 6. Contact information for a department office where questions may be directed. d. In the event a permittee violates any stipulation required by subdivision b of this section, the commissioner may revoke or refuse to renew such permit pursuant to subdivision e of section 19-103 or take any other action authorized by law. (L.L. 2019/124, 6/29/2019, eff. 6/29/2019; Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023)

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