Section 28-108.1
§28-108.1 General. The commissioner shall not issue a permit for the
erection of a new building or for alterations that will require the
issuance of a new or amended certificate of occupancy without a
statement that no certificate of occupancy shall be issued unless the
sidewalk in front of or abutting such building, including but not
limited to the intersection quadrants for corner properties, shall have
been paved or repaired by the owner, at his or her own cost, in the
manner, of the materials, and in accordance with the standard
specifications prescribed by the New York city department of
transportation pursuant to sections 19-113 and 19-115 of the
administrative code.
Exceptions:
1. Application for the erection of an accessory building appurtenant
to an existing one- or two-family dwelling.
2. Where the commissioner determines that a sidewalk is not required,
provided that such determination shall not affect the obligations of the
owner under subdivision a of section 19-152 of the administrative code,
nor relieve the owner of any such obligations, nor impair or diminish
the rights of the city or its agencies to enforce such obligations.
3. Where the extent of the change in use or occupancy or the cost of
the alteration does not exceed a threshold established pursuant to rule
of the commissioner.
Section 28-108.2
§28-108.2 Pavement plan required. Construction documents shall include
a pavement plan processed and approved under guidelines established by
the department. The pavement plan shall include documentation sufficient
to show compliance with the standards and specifications of the New York
city department of transportation pursuant to sections 19-113 and 19-115
of the administrative code.
Exception: No pavement plans shall be required with respect to an
alteration application for a building where the applicant certifies that
there is a sidewalk in existence in front of or abutting such building,
including but not limited to the intersection quadrants for corner
properties, complying with the specifications of the New York city
department of transportation, and that the nature of such alteration
work will neither remove such existing sidewalk nor cause damage to such
existing sidewalk such that the damage could not be corrected as minor
repairs prior to issuance of the certificate of occupancy.
Section 28-108.3
§28-108.3 Improvement of streets. The commissioner shall insure that
streets are suitably improved in accordance with the standards and
specifications of the department of transportation as required by
subdivision two of section thirty-six of the general city law and shall
otherwise carry out the provisions of such subdivision.