Chapter 1 - CITY PLANNING

Section 25-101

Section 25-101

  § 25-101 City map to be conclusive. The city map is to be deemed final
and  conclusive  with  respect  to the location, width and grades of the
streets shown thereon, so far as such location, width  and  grades  have
been duly adopted.

Section 25-102

Section 25-102

  §  25-102  City  map; what to include. There shall be located and laid
out on the city map all parks, playgrounds, streets, courtyards abutting
streets, bridges, tunnels and approaches to  bridges  and  tunnels,  and
improvements  of  navigation  in  accordance  with bulkhead and pierhead
lines established pursuant to section seven hundred five of the charter.
The width and grades of all streets so located and  laid  out  shall  be
indicated thereon.

Section 25-102.1

Section 25-102.1

  §  25-102.1  City  map; street and park names. a. Unless the local law
specifically provides otherwise, any local law naming  a  street,  park,
playground or portion thereof, or any facility or structure, located and
laid  out  on  the  city map, that does not bear a name indicated on the
city map shall not be construed to require the addition of such name  on
the  city  map; provided, however, that the name given by such local law
shall be posted on a sign placed at the location of such  street,  park,
playground or portion thereof, or any facility or structure, located and
laid out on the city map.
  b. Unless the local law specifically provides otherwise, any local law
changing  the  name of a street, park, playground or portion thereof, or
any facility or structure, located and laid out on the  city  map,  that
bears a name indicated on the city map shall not be construed to require
a  change  in  such  name  as it is indicated on the city map; provided,
however, that in the case of a local law changing the name of  a  street
or  portion thereof, the name added by such local law shall be posted on
a sign placed adjacent to or near a sign bearing the name of such street
or portion thereof indicated on the city map.
  c. The department of transportation may establish different colors for
signs bearing a street name not officially indicated on the city map and
signs bearing a street name officially indicated on the  city  map,  and
may  provide  for the replacement of any sign bearing a dual name by two
separate signs of such color as the department shall determine.

Section 25-103

Section 25-103

  §  25-103  Borough  presidents' assistance in completing city map. The
city planning commission, with the approval of the  mayor,  may  at  any
time  require  the  president of any borough to make recommendations for
the completion of the city map  of  the  whole  or  of  a  part  of  the
territory  for  which  the  city  map  shall  not at such time have been
finally established and adopted and to report the same to the commission
within a fixed and specified time.

Section 25-104

Section 25-104

  §  25-104  Official  surveying  stations. The latitudes and longitudes
determined in conformity with the method used by the United States coast
and geodetic survey for  primary  stations;  the  rectangular  spherical
co-ordinates  for  secondary  stations; and the rectangular co-ordinates
referring to a given fixed central meridian, or  assumed  meridian,  for
all  stations,  shall  continue  to  be  official  and  binding upon all
officers making any map  or  plan  relating  to  any  borough,  or  part
thereof.

Section 25-105

Section 25-105

  §  25-105  Grades established by user. Whenever any street in the city
shall have been used as such for upward of twenty years  without  having
the  grade  thereof  established  by  law,  the level or surface of such
street as so used shall be deemed to be  and  to  have  been  the  grade
thereof.

Section 25-106

Section 25-106

  § 25-106 Public utility corporations; filing of maps of real property.
Every   public   utility  corporation,  within  ninety  days  after  its
acquisition of any real property within the  city,  shall  file  in  the
office  of  the  president  of  the  borough  in  which such property is
situated, a map or survey drawn to a scale and accurately indicating the
location and boundaries of such property with reference to the  streets,
avenues,  bridges,  tunnels,  bulkhead or pierhead lines, parks or other
public places shown on the city map. Every such corporation shall within
the same period of time file a copy of each such map or  survey  in  the
office  of  the  department  of  city  planning and in the office of the
commissioner of transportation. For a failure to file any  such  map  or
survey  or  copy thereof within the period required therefor such public
utility corporation shall be liable to the city  in  a  penalty  of  ten
dollars  for  each and every day during which such map or survey or copy
thereof has not been filed, as hereinabove required, and an  action  may
be brought for the recovery thereof in the name of the city.

Section 25-107

Section 25-107

  § 25-107 Failure to include street upon map; effect of. The failure to
include  any  street  upon  the  city  map  shall not have the effect of
closing such street.

Section 25-108

Section 25-108

  § 25-108 Map changes affecting certain cemetery lands. Notwithstanding
any  provisions  of  the not-for-profit corporation law, or of any other
law, general or special, that  portion  of  the  city  map  relating  to
Interborough Parkway shall not be altered or amended so as to affect the
lands  of any cemetery association except by and with the consent of the
trustees of any such cemetery association the lands of  which  would  be
affected, and of the board of estimate.

Section 25-109

Section 25-109

  §  25-109  Streets  not  to  be  opened  through  grounds  of  certain
institutions. a. It shall be unlawful to open any  streets  through  the
grounds belonging to the corporation of Fordham University in its actual
occupation  of the area generally bounded by Bronx Park on the north and
east, Fordham Road on the south, and the tracks of the  Harlem  Division
of the New York Central and Hudson River Railroad Company on the west.
  b.  It  shall also be unlawful to open any streets through or upon any
part of the land and premises owned by New  York  University,  extending
from  Sedgwick avenue to Aqueduct avenue, and lying immediately south of
and adjacent  to  One  hundred  eighty-first  street,  sometimes  called
University  avenue,  so  long as the same shall be owned or occupied for
educational purposes by such university.
  c. It shall be unlawful to open any streets  through  the  grounds  of
Columbia  University,  from  One hundred sixteenth street to One hundred
twentieth street, between Amsterdam avenue and Broadway, so long as such
grounds are owned or occupied for educational purposes.
  d. It shall be unlawful to open any streets through or upon  any  part
of  the  land  and  premises  owned  by  Manhattan  College,  within the
territory bounded by West 244th street and  its  easterly  prolongation,
Post road and Spuyten Duyvil parkway, so long as the same shall be owned
or occupied for educational purposes.
  e.  It  shall be unlawful to open any streets through or upon any part
of the land and premises owned by the college of  Mount  Saint  Vincent,
without  the territory bounded approximately by the northerly city line,
Riverdale avenue, West 261st street, Netherland  avenue,  a  line  about
thirteen  hundred  feet southerly of the city line and the tracks of the
New York Central and Hudson River Railroad, so long as the same shall be
owned or occupied for educational purposes.
  f. It shall be unlawful to open any streets through or upon  any  part
of  the  land  or  premises owned by the college of Mount Saint Vincent,
except West 261st street, between Riverdale  avenue  and  the  New  York
Central and Hudson River Railroad right-of-way and Palisade avenue south
of  West 261st street as they are now indicated upon the city map, or as
they may in the future be changed in  width  or  alignment,  within  the
territory  bounded  approximately  by the northerly city line, Riverdale
avenue, West 261st street, Palisade avenue,  a  line  about  1,400  feet
southerly  of  the  city line and the tracks of the New York Central and
Hudson River Railroad, so long as they shall be owned  or  occupied  for
educational purposes.

Section 25-110

Section 25-110

  §  25-110  City planning commission to regulate the height and bulk of
buildings, areas of  yards,  courts  and  open  spaces  and  density  of
population.  a.  The city planning commission, subject to the provisions
of sections one hundred ninety-seven-c, two hundred and two hundred  one
of the charter, where applicable, shall have power to regulate and limit
the  height and bulk of buildings, to regulate and determine the area of
yards,  courts  and  other  open  spaces  and  to  regulate  density  of
population.  The commission, subject to the same limitations, may divide
the city into districts of such number, shape and area as  it  may  deem
best suited to carry out such purposes.
  b.  The  regulations  as  to height and bulk of buildings, the area of
yards, courts and other open spaces and density of population  shall  be
uniform  for  each  class  of  buildings  throughout  each district. The
regulation in one or more districts  may  differ  from  those  in  other
districts. Such regulations shall be designed to secure safety from fire
and  other  dangers  and  to  promote  the  public  health  and welfare,
including, so far as conditions  may  permit,  provisions  for  adequate
light, air and convenience of access.
  c.  The  commission  shall  pay  reasonable regard to the character of
buildings erected in each district, the value of the land and the use to
which it may be put, to the end that such regulations may promote public
health, safety and welfare and the most desirable use for which the land
of each district may be adapted and may tend to conserve  the  value  of
the buildings and may enhance the value of land throughout the city.

Section 25-111

Section 25-111

  §  25-111  City planning commission to regulate location of trades and
industries and of buildings designed for  specific  uses.  a.  The  city
planning  commission,  subject to the provisions of sections one hundred
ninety-seven-c, two hundred and two hundred one of  the  charter,  where
applicable,  may  regulate  and  restrict  the  location  of  trades and
industries and the location of buildings designed for specific uses, and
may divide the city into districts of such number, shape and area as  it
may deem best suited to carry out such purposes.
  b.  For each such district, regulations may be imposed designating the
trades and industries that shall be excluded  or  subjected  to  special
regulations  and  designating  the  uses  for which buildings may not be
erected or altered. Such regulations shall be designed  to  promote  the
public health, safety and general welfare.
  c.  The  commission  shall  give reasonable consideration, among other
things, to the character of the district, its peculiar  suitability  for
particular  uses, the conservation of property values, and the direction
of building development in accord with a well-considered plan.

Section 25-112

Section 25-112

  §   25-112   Prohibition  of  cemeteries  in  Queens.  a.  No  person,
association or corporation shall take by deed, devise or  otherwise  any
land in the county of Queens for cemetery purposes, nor set apart or use
any  ground  for  cemetery  purposes  in such county. Existing religious
corporations, cemetery associations  and  corporations,  however,  shall
have  the  right  to  use  for cemetery purposes, land lawfully taken by
recorded deed, or devise and set apart or used for cemetery purposes  or
for  the  purposes  of  the  convenient  transaction  of  their  general
business, prior to July seventeenth, nineteen hundred forty-seven.
  b. The provisions of subdivision a of this section shall  not  in  any
manner  prevent  an  incorporated  religious society organized under the
laws of the state of  New  York  prior  to  the  year  eighteen  hundred
twenty-five now owning cemetery land in Queens county from acquiring and
using  land  of not more than ten acres contiguous to said cemetery land
as and when said additional land in its ownership and use  for  cemetery
purposes has been approved by the city council.

Section 25-113

Section 25-113

  §  25-113  Filing  of  subdivision  maps  and  recording  of  deeds of
subdivision property. a. Every map referred to in  section  two  hundred
two  of  the charter shall be prepared, approved and certified and shall
be filed as follows: one copy thereof in the office in which conveyances
of real estate are required to be recorded in the county  in  which  the
land  shown  thereon  is situated; one copy thereof in the office of the
corporation counsel; one copy thereof in the office of the president  of
the  borough  in  which  the land shown on the map is situated; one copy
thereof in the office of the secretary of the  board  of  estimate;  one
copy  thereof in the office of the department of city planning; one copy
thereof in the office of the city clerk; and, one copy  thereof  in  the
office  of  the department of buildings for the county in which the land
shown thereon is situated.
  b. The register or county clerk, as the case may be, shall refuse:
  1.  To  receive  for  filing  any  such  subdivision  map  unless  the
commission  or  the  department  of  buildings  has  certified  that the
subdivision does not result in the violation of  any  applicable  zoning
laws.
  2. To accept for recording any deed or other instrument affecting real
property which has a map attached thereto or made a part thereof, unless
it shall have endorsed thereon the certification of the secretary of the
board of estimate to the effect that the same has been approved pursuant
to section two hundred two of the charter and unless the commissioner of
the department of buildings has certified that such subdivision does not
result in the violation of any applicable zoning laws.