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Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Monday, May 23, 2016
Proposed Rules Content: 

 

Pursuant to Administrative Code of the City of New York § 19-157, the New York City Department of Transportation (“DOT” or “the Department”) proposes these rules in order to provide a regulatory framework for the Department’s pedestrian plazas.  

Since 2008, DOT’s Plaza Program has created high-quality public spaces in underutilized roadways throughout the City, especially in neighborhoods that lack open space.  The Department refers to such spaces as “pedestrian plazas.”  Currently, there are 53 pedestrian plazas open to the public and another 20 in planning or under construction.  These plazas range from major spaces like Times Square and Flatiron in Manhattan, which attract millions of visitors every year, to more local spaces like Diversity Plaza in Jackson Heights, Queens and Osborn Street Plaza in Brownsville, Brooklyn that function as neighborhood gathering places.

These proposed rules codify the application process by which the Department currently designates most of its plazas and create a new proposal submission process.  Specifically, the rules detail how a proposal or application must be submitted, what documentation must be submitted with each proposal or application, and how DOT evaluates and selects each proposal or application.  In designating an area as a pedestrian plaza, DOT must consider, among other things: (1) the availability of and need for open space in surrounding areas; (2) the ability of DOT or the pedestrian plaza partner to properly maintain the plaza and develop programming; and (3) the relationship of the pedestrian plaza to surrounding land uses, traffic and pedestrian activity and safety.

The proposed rules also set forth uniform rules, including a list of general, prohibited, and regulated uses, which will govern all pedestrian plazas unless the Department promulgates specific rules for any given plaza or any space within a plaza.    

Finally, the proposed rules create specific rules for the “Times Square Pedestrian Plaza,” which is located along 12 blocks on Broadway from 41st Street to 53rd Street in Manhattan.  These Times Square-specific rules also affect the sidewalks directly adjacent to the Times Square Pedestrian Plaza.  The rules permit the addition of Pedestrian Flow Zones and Designated Activity Zones in order to safely and effectively manage one of the world’s most visited spaces.  Pedestrian Flow Zones are clear paths for the safe and continuous movement of pedestrian traffic and will be marked with reflective white tape and indicated by signs.  Designated Activity Zones are highly visible areas providing ample space for commercial activity, entertainment, performances, expressive matter vending and solicitation without impeding those passing through or those who simply wish not to participate in those activities.  Designated Activity Zones will be demarcated by colored pavement and indicated by signs.

Subject: 

.

Location: 
One Centre Street, North Building, Mezzanine
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

This is a Notice of Adoption of a Rule amendment relating to the assignment of bus stop permits by the New York City Department of Transportation.
Effective Date: 
Thu, 05/12/2016

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, April 28, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding highway operations in the City pursuant to Section 2903(b) of the New York City Charter.

The purpose of the proposed rule is to provide clearer, more concise language, and to update the following provisions of the Highway Rules: sections 2-01 through 2-09, 2-11 through 2-14, and 2-20.

More specifically, sections 2-01, 2-02(c), 2-04(c), 2-04(g), 2-06(b), 2-06(d), 2-08(b), 2-09, 2-11(c), 2-11(e), 2-11(f), 2-12(a), 2-13(g), 2-13(l), 2-13(n), 2-13(o), 2-14(a), and 2-20(a) are amended to distinguish between two documents referenced in the Highway Rules: 1) the Standard Highway Specifications (“Standard Specifications”), and 2) the Standard Details of Construction (“Standard Detail Drawings”), both of which are drafted and issued by the New York City Department of Design and Construction. The Standard Specifications contain detailed information on the specifications for standard materials. The Standard Detail Drawings provide typical construction details.

Sections 2-02(a)(1), (2) and (4) are amended to accurately reflect current DOT practice regarding permit applications and bonds.

Section 2-02(b) is amended to delete the obsolete reference to commercial refuse containers with respect to permit reviews, since these permits are now available online.

Section 2-02(d) is amended to clarify that if a timely Corrective Action Request (CAR) protest is granted, the CAR fee will be waived.  A CAR is a formal notice by DOT that work performed, and/or a condition created or maintained on a street, is in violation of the Highway Rules or applicable law, and a request that the permittee take action to correct the work and/or condition. Permittees may protest the issuance of a CAR. This change will promote timely submissions of CAR protests.

Section 2-02 (m) is amended to refer to section 2-07, which is being amended to make clear that a permittee must obtain an emergency number from DOT during a DOT embargo period for emergency work involving an underground street access cover (also known as utility access covers or “manholes”). 

Section 2-03 is amended to delete the fee for obtaining permits to install bicycle racks or decorative planters because DOT no longer issues these permits, which are now covered under a revocable consent pursuant to Section 7-04 of Title 34 of the Rules of the City of New York.

Sections 2-05(c)(2), (d)(11), (d)(15), and (j)(5) and Sections 2-11(e)(4), (e)(6), (e)(10), (e)(11), and (g)(2) are amended to replace references to Section 2-01.1 with Section 2-02(h) and clarify that permittees are required to keep their work sites safe.

Sections 2-05(d)(2) and (19) are amended to clarify that any protective covering placed on the street must be placed beneath all construction material or equipment when delivered by the managing agent, distributor, or owner of the container, and must also be maintained by the general contractor while the material or equipment occupies the street. 

Section 2-07 (a) is amended to require a permittee to obtain an emergency number from DOT during a DOT embargo period for emergency work involving an underground street access cover (also known as utility access covers or “manholes”). 

Sections 2-07(a)(8), 2-11(e)(4)(v), and 2-11(g)(2)(xiii) are amended to clarify when flagpeople are expected to be placed at a job site.

Section 2-07(b)(2) is amended to require a permit to maintain a steel plate that is covering either a defective maintenance cover or grating (also known as hardware) or any street condition found within an area extending 12 inches outward from the perimeter of the defective hardware or street condition, even where no excavation has been made.  There are a number of defective hardware conditions on city streets that require a steel plate cover to maintain public safety until the condition is repaired. This often results in steel plates on the streets with no clear indication of whether they are covering an open excavation or defective hardware, and may on occasion result in unnecessary summonses issued for failure to obtain a permit for an open excavation.  This amendment is designed to eliminate the confusion by providing DOT with information on the location of such steel plates, as well as the name of the plate owner.

Section 2-11(e)(2) is amended to allow for the use of the rock wheel or other DOT-approved tools when pre-cutting pavement.  Typically, handheld tools must be utilized to pre-cut pavement. However, DOT has on occasion authorized the use of the rock wheel to pre-cut pavement.  This change will allow DOT the flexibility to determine which tools are sufficient when pre-cutting pavement.  Section 2-11(e)(2) is also amended to add a reference to new Standard Detail Drawing #H-1042. 

Section 2-11(e)(10) is amended by adding and clarifying several requirements regarding plating and decking.

Section 2-11(e)(11)(iv) is amended to prohibit substituting asphalt for concrete, and to require all concrete-base roadway restorations to be the same depth and greater than or equal to the existing strength as the original base.  The consistency and stability of asphaltic material is not the same as concrete. This change will better protect the integrity of city streets.

Section 2-11(e)(11)(vii) is amended by deleting an administrative requirement regarding the plating of shallow conduits and pipes.

Section 2-11(e)(12)(ii) is amended to require a maximum settlement of half an inch for permanent restoration pavement during the life of the guarantee period.

Section 2-11(e)(12)(viii) is amended to include and clarify the requirement that sealant must be properly maintained throughout the life of the guarantee period. Currently, the rules require the wearing course to be properly sealed at the edges; however, it does not specifically state that such sealant must be properly maintained throughout the life of the guarantee period.

Section 2-11(e)(12)(xi) is deleted and replaced with the requirement that all trenches must have a minimum opening width of 18 inches in accordance with updated Standard Detail Drawing #H-1042.

Section 2-11(f)(4)(i) is amended by adding that the paving schedule must conform to DOT’s requirements, including but not limited to the permittee name, location of work (on, to and from street), and proposed start time. Additionally, the change allows for the transmission of the paving schedule via e-mail or other department-approved method. 

Section 2-14(f) is amended to clarify provisions relating to commercial refuse containers (CRC).  Based on some decisions issued by the New York City Environmental Control Board, the definition of CRCs must be updated to include not just the placement but also the maintenance and storage of containers.  This definition better reflects how the commercial carting industry works and DOT’s expectations of such carting companies.  This amendment also adds a requirement that any protective covering placed on the street must be maintained by the permittee during the entire period the CRC occupies the street.  This change will prevent CRC companies from using the public roadway indefinitely to store containers and to prevent these containers from scarring the roadway because of removed or displaced protection.

Subject: 

Amendment of Highway Rules.

Location: 
55 Water Street (Bid Room)
New York, NY 10041

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, March 11, 2016
Proposed Rules Content: 

Rules to conduct a one-time random assignment of bus stop permits to sightseeing bus operators.

Subject: 

.

Location: 
NYCDOT - Bid Room
55 Water Street
New York, NY 10041
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Amendment to the annual rate increase charged for revocable consents that are granted to public service corporations for facilities ancillary to, but not within, a franchise.

Effective Date: 
Sat, 03/05/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

This rule corrects errors in NYCDOT's Overdimensional and/or Overweight Vehicle Bulk Milk Permit requirements

Effective Date: 
Sun, 02/07/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, January 14, 2016
Proposed Rules Content: 
Statement of Basis and Purpose
 
The New York City Department of Transportation is proposing to amend the annual rate increase charged for revocable consents that are granted to public service corporations for facilities ancillary to, but not within, a franchise.
 
Subject: 

.

Location: 
NYCDOT - Bid Room
55 Water Street
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 28, 2015
Proposed Rules Content: 

This rule corrects errors in NYCDOT's Overdimensional and/or Overweight Vehicle Bulk Milk Permit requirements.

Keywords:
Subject: 

NYCDOT has determined that a public hearing on this proposed rule would serve no public purpose. Therefore, no public hearing will be held.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Prior to excavating a city street, permittees and owners of underground facilities must comply with the State of New York’s Industrial Code Rule 753.Under the Industrial Code Rules, permittees and others are required to call DigNet, an organization that acts as a communications link between utility companies and excavation entities, prior to commencing work.The Industrial Code encourages the use of white paint to delineate excavation areas to identify the excavation site.This rule requires permittees and sub-surface utility owners to limit the areas that are marked with white paint (“mark out” areas) to only the affected area instead of the entire street segment. 

Effective Date: 
Sun, 12/20/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Procedures for an administrative appeal of a New York City Department of Transportation determination to revoke or suspend a disability parking permit.

Effective Date: 
Fri, 11/13/2015

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