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Article 108 Pavement Plan

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§28-108.1 General
The commissioner shall not issue a permit for the erection of a new building, use of an open lot 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, curb and/or roadway in front of or abutting such building, including but not limited to the intersection quadrants for corner properties, shall have been paved, repaired or installed by the owner, at his or her own cost, in the manner, of the materials, and in accordance with the New York city building code, the New York city zoning resolution, and the standards 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, in consultation with the commissioner of transportation, 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 cost of the alteration, including enlargements, does not exceed a total cost of 30 percent of the building value.
§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 New York city building code, the New York city zoning resolution, and the standards prescribed by the New York city department of transportation pursuant to sections 19-113 and 19-115 of the administrative code.
Exception: No pavement plan 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.
§28-108.3 Improvement of Streets
The commissioner shall insure that streets are suitably improved in accordance with the standards prescribed by the department of transportation as required by subdivision 2 of section 36 of the New York state general city law and shall otherwise carry out the provisions of such subdivision.

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