§ 24-415 Conditions to granting permit for conduit construction; security.
AC § 24-415
a. The commissioner of transportation shall not grant a permit of the type mentioned in section 24-404 of the code unless, if the application be for underground construction, there is an existing demand for the construction of such conduits or subways, and the occupation of such conduits or subways is reasonably assured, and the public interests require their construction, or unless, if the application be for permission to deviate from an underground system, the case is one of those in which such deviation may be legally permitted under authority of sections 24-407 through 24-409 of the code. This section is made a police regulation in and for such boroughs. b. It shall be the duty of the commissioner of transportation to require of any corporation or individual making application for the construction of subways, that before the construction of such subways shall be ordered, the applicant shall furnish to the corporation which shall be ordered to build such subways, satisfactory security for the occupation by it of the subways which shall be constructed at its request, and the payment of the established rentals therefor yearly in advance, during such period, not less than five years, as the commissioner of transportation shall determine. The commissioner of transportation may establish and from time to time may alter, add to or amend all proper and necessary rules, regulations and provisions for the manner of use and management of the electrical conductors, and of the conduits or subways therefor, constructed or contemplated under the provisions of this section or of any law mentioned herein. This section shall not be construed to authorize any corporation or individual to take up the pavements of such boroughs, to excavate in any of such streets or to erect poles in any part of such boroughs, unless a permit in writing therefor shall have been first obtained from the commissioner of transportation.
