Section 24-364
§ 24-364 Utilization of water to generate electric current. The
commissioner of environmental protection may, subject to the approval of
the board of estimate, utilize such water as the department of
environmental protection now owns or as it may hereafter acquire, for
the purpose of generating electric current for the use of the
municipality, or may permit the utilization of such water for the
generation and sale of electric current by an electric corporation which
was the owner of a developed or undeveloped water power site or sites
affected, acquired or damaged by the execution of a plan or project of
the city for an additional water supply, and the commissioner of
environmental protection, with the approval of the board of estimate, in
connection with the settlement of a resultant claim for damage made by
such electric corporation, may grant or lease to such electric
corporation for periods not to exceed fifty years, rights in, or to use,
the lands and waters of the city for the generation of electric current
as herein provided, for such consideration and on such terms and
conditions as are, in the opinion of the commissioner, in the best
interests of the city of New York, including but not limited to a
general release of such claim, provided that such grant or lease may be
made at the time of settlement of the claim as above provided but the
period of use under the terms of the lease or grant, not to exceed fifty
years, may commence when generation of electric current thereunder shall
begin, provided that no additional water shall be used for such purpose
than would otherwise be required by the city.
Section 24-365
§ 24-365 Cemetery and burial grounds. Whenever for the purposes of
this subchapter it shall be necessary to use any land or premises, or
any portion thereof, now occupied by graves, burial places, cemeteries
or other places of interment of human remains, such graves, burial
places, cemeteries or other places of interment of human remains and the
human remains located therein, shall be removed and disposed of in the
following manner: 1. The city having acquired title to the land where
burial places are situated shall cause a notice to be published once in
each week for four successive weeks in two newspapers published in the
county where such burial place or places are situated, which such notice
shall be substantially as follows:
"Please take notice that the undersigned hereby intends to make
application relating to the removal of all the remains, all the
monuments and all other distinguishing marks from the cemetery or burial
place located in the town of............county of..........known
as..........not less than sixty days after (the last publication date of
this notice) for an order pursuant to subchapter four of chapter three
of title twenty-four of the administrative code of the city of New York;
Please take further notice that any and all person or persons legally
entitled to direct as to the disposition of the above may remove the
same to any other cemetery or burial place within the same or an
adjoining county within sixty days after (the last publication date of
this notice) if they so elect upon informing the commissioner of
environmental protection in writing of the cemetery or burial place in
which said remains are to be reinterred and to which the monuments and
other distinguishing marks are to be moved.
.................... Corporation counsel of the city of New York."
2. Not less than sixty days after the last publication date of said
notice, the corporation counsel shall make an application to a special
term of the supreme court in the same judicial district in which the
cemetery or burial place is located for an order authorizing such
removal of said remains, monuments and all other distinguishing marks to
a cemetery or burial place in the same or an adjoining county from that
in which said cemetery or burial place is located.
Such order shall be made upon due proof of not less than ten days'
notice to interested parties who have appeared by attorney, or who have
filed appearances in writing with the corporation counsel, and of proof
of publication of notice of such application once in each week for four
weeks in each of two newspapers published in the county where such
cemetery or burial place is situated, immediately prior to application
to the supreme court. Such notice shall briefly set forth the time and
place of the making of such application and a designation of the
cemetery or burial place to which said remains, monuments and
distinguishing marks are sought to be removed.
All removals and transportation of such human remains shall be done in
accordance with the provisions of the public health law and the local
rules or ordinances of any town, city or village wherein such cemetery
or burial place is located, or wherein any of such remains may be
interred. The commissioner of environmental protection on behalf of the
city may acquire by purchase such other lands as may be necessary within
the county where such cemetery or burial place is located, or in an
adjoining county, for the purpose of properly interring such removed
remains, which lands shall be acquired with the approval of the supreme
court in the same judicial district as that in which the condemnation
proceedings were originally instituted. In the acquisition of such lands
no cemetery or burial place shall be divided and the acreage acquired
must be at least substantially equal to the acreage taken. The
commissioner of environmental protection on behalf of the city may also
acquire other lands within the county wherein such cemetery or burial
place is located, or in an adjoining county, for the purpose of properly
interring and removing such remains, in the same manner as provided by
this subchapter for the acquisition of water supply and other lands but
such acquisition of such lands shall be subject to approval of the
supreme court. No lands shall be acquired within the corporate limits of
a village or city except within the bounds of an existing cemetery
unless by consent of the board of trustees of the village or common
council of the city or other authorities within such village or city
occupying similar positions as trustees or aldermen, respectively. The
supreme court, upon application for the confirmation of the report of
the commissioners, shall make inquiry as to the rights of individual lot
owners in cemeteries and provide for the protection of such rights as
justice shall require. All the bodies removed by said commissioner of
environmental protection shall, when distinguishable, be encased each in
a separate box or coffin, and each monument, head stone, foot stone,
slab, board or other designating or distinguishing mark shall be
properly removed and reset at the grave of each body at the time of such
reinterment. Members of the same family shall be reinterred in
contiguous graves. Whenever any person or persons, legally entitled to
direct as to the disposition of any human remains now interred in a
cemetery or burial place, shall request, in writing, within the sixty
day period aforesaid, the burial of such remains in a cemetery in the
same or an adjoining county, the commissioner shall cause such remains
to be reinterred where requested within the same county or in adjoining
county, and shall carefully and properly remove such remains to such
burial plot and properly reinter the same, and in the event that any
human remains be removed to, and reinterred in any other place other
than that acquired as herein provided, no portion of the expense for the
acquisition of any other grave, graves, or other place or places of
burial shall be borne by the city, but in such event the city shall bear
only the expense of removal and transportation of such remains. Whenever
there is no request to remove remains within the sixty day period as
hereinbefore provided, the corporation counsel shall apply for an order
authorizing such removal in the manner herein provided. Whenever any
person or persons legally entitled to direct as to the disposition of
any human remains exhumed or to be exhumed from any cemetery or burial
place as herein provided, elect to remove the same for reinterment to
any burial plot or cemetery not within the same county from which such
remains were exhumed, or in an adjoining county, such person or persons
so entitled to designate such other burial place or plot shall be
permitted to remove such exhumed remains from such county, subject to
the provisions of the public health law, and the local rules or
ordinances of any town, city or village wherein such cemetery or burial
place shall be located, or wherein such human remains may be reinterred,
but no portion of the expense of such transportation or burial shall be
borne by the commissioner of environmental protection. When any lands
acquired for the purposes of reinterment of human remains as herein
provided, to which shall have been removed all remains exhumed from a
cemetery or burial place belonging to an individual or individuals, or
to a corporation organized under the religious corporations law, the
not-for-profit corporation law or by special act, or belonging to a
town, village or city, the board of estimate of the city of New York
shall, after reinterment, execute and deliver, without expense to the
prior owner, if an individual, or if such prior owner be a corporation,
to the trustees or other governing body of such corporation, by
whatsoever name or title they may hold office, or to the board of
trustees, if any, of a town burial ground, and to their successors in
office, a quit claim deed covering the lands so acquired, together with
all structures erected thereon, and where lands have been acquired for
the purpose of reinterment of human remains exhumed from a public or
private cemetery or burial place which shall have been used by the
inhabitants of any town in this state as a cemetery or burial place for
the space of fourteen years and not having a board of trustees pursuant
to the provisions of the town law, the board of estimate of the city of
New York shall, after reinterment, execute and deliver, and without
expense to the grantee therefor a quit claim deed or other proper
release to such town wherein such lands so acquired as provided by this
section may be situated, and such cemetery or burial place shall from
and after the execution and delivery thereof be deemed to be vested in
such town, and shall be subject, in the same manner as other corporate
property of towns, to the government and direction of directors in town
meeting, excepting, however, that where such lands so acquired for the
purposes set forth in this section are situated within the limits of a
village or city, such quit claim deed or release herein provided for
shall be executed and delivered to such village or city and thereafter
be and become property of such village or city and subject to the laws
governing such village or city. From and after the execution and
delivery by the board of estimate as by this section provided, of the
quit claim deed or release, the city of New York shall be divested of
all right and title to said lands so quit claimed or released and shall
not thereafter be liable for the care, custody, maintenance and control
thereof. This section does not limit any existing right of burial or
removal of remains under other provisions of law applicable thereto.
Nothing herein contained shall impose any duty whatsoever upon the city
of New York for the care, custody, maintenance and control of any burial
grounds, cemeteries or other places of interment for human remains.
Section 24-366
§ 24-366 Assessment of electric generation viability. a. The
department shall undertake a resource assessment of the city's potable
water supply and wastewater treatment systems and the natural bodies of
water within the city's jurisdiction to determine the potential of such
systems and bodies of water for generating electricity. In performing
such assessment the department shall include an examination of the
potential to construct and operate energy generating facilities within
such systems and natural bodies of water; the means for transmitting the
electricity generated; the need to construct and operate
generation-related infrastructure; grid-connection issues; generation
system installation and maintenance costs; and risks to the operation of
water supply and wastewater treatment systems and natural bodies of
water posed by energy-generating facilities.
b. The department shall conduct a technological review of in-conduit
and free-flow hydropower technologies that are appropriate for the
pressure and water flow rates for each site identified in the resource
assessment.
c. With information gathered during the resource assessment and
technological review, the department shall conduct an economic analysis
to determine the economic viability of generating electricity for each
site identified in the resource assessment.
d. The resource assessment, technological review and economic analysis
shall be completed within eighteen months of the effective date of the
local law that added this section and shall be submitted to the mayor
and the speaker of the council.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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