§ 2-19 — Sidewalks

§ 2-19 Sidewalks.

(a) General Requirements. (1) Scope. Except as otherwise provided in subdivision (h), this section applies to sidewalk replacement in historic districts where the paving material is a significant feature (e.g., bluestone, granite and brick) or the location of the sidewalk is a significant feature (e.g., "ribbon sidewalks where there is a planted area between the curb and the sidewalk not limited to tree pits) and where the existing sidewalks adequately recall the historic paving, either by the amount of historic paving that remains or due to the combination of historic paving and tinted sidewalks that exists in the district, or the location of the sidewalk. For purposes of this section, the term "sidewalk" means the portion of the sidewalk and curb fronting upon specific property. (i) Appendix A of this section sets forth the list of historic districts that are subject to the provisions of this section, except as otherwise provided in subdivision (h). These historic districts are districts where historic paving was a significant feature and where there currently exists sufficient historic or tinted paving to adequately recall this historic condition. For these districts the long-term regulatory goal is to replace non-historic paving with paving that matches the historic paving material in terms of standard characteristics or which adequately recalls the historic paving material through a tinted concrete. (ii) For historic districts designated after the effective date of these rules, the designation report must explicitly state whether the sidewalk paving is a significant feature and will be subject to these rules. The Commission will maintain a list on its website and at its offices of all historic districts subject to this rule. (iii) In all other historic districts no approval is required from the Commission for replacing sidewalks. (2) Other approvals. In addition to the requirements set forth in this section, all methods and materials for sidewalk work must conform to all applicable rules, requirements and guidelines of the Department of Transportation ("DOT") and the Department of Design and Construction. (b) Repairing, Resetting and New Bluestone Sidewalks. LPC Staff will issue an approval to repair and/or reset existing bluestone pavers, or to install new bluestone pavers, if the work satisfies all of the following relevant criteria: (1) Resetting and repairing existing bluestone pavers. If intact pavers exist, they must be preserved if they meet applicable DOT standards for thickness and size, and must be reset pursuant to DOT standards. Small amounts of cementitious patching, tinted to match the color of the pavers, can be applied to preserve existing pavers that have spalled, and the joint between pavers may be ground down to produce a level surface. (2) New bluestone pavers. If the existing sidewalk is missing one or more bluestone pavers, or the existing bluestone pavers are beyond reasonable repair due to cracking or other conditions, or the owner is proposing to install a new bluestone sidewalk where no bluestone exists, new bluestone pavers may be installed, consistent with the DOT specifications and installation requirements, if: (i) The pavers will closely match the existing bluestone pavers, if any, with respect to dimension, color and paver pattern; and (ii) The edges of the pavers can be sawn, rubbed or thermal. (3) Consolidation of existing bluestone pavers. If the existing sidewalk is missing bluestone pavers, or some of the existing bluestone pavers are beyond the point of reasonable repair due to cracking or other conditions, the existing bluestone pavers that meet DOT standards for thickness and size may be consolidated and tinted concrete pavers installed in the remaining area, provided: (i) The maximum number of intact bluestone pavers will be consolidated within the sidewalk; (ii) Resetting of bluestone pavers will meet the requirements of paragraphs (1) and (2) of this subdivision; (iii) New concrete pavers are tinted and scored to match the historic bluestone pavers; (iv) An existing bluestone or granite curb will be retained if possible, and any replacement curb will be granite or tinted / untinted concrete to match adjacent curbing; and (v) For purposes of this paragraph and subdivision (h) of this section, if the enlargement of an existing sidewalk tree pit or sidewalk planting area, or the installation of a new tree pit, sidewalk planting area or bioswale requires the removal of some or all of a bluestone paver: (A) The removal of bluestone will be the minimum necessary to meet the applicable requirements, and (B) The bluestone paver, or the part that is removed, will be consolidated within the property lines if there are areas of the sidewalk that do not have bluestone pavers, provided the paver, or part thereof, otherwise meets applicable DOT standards. (c) Replacement of an Existing Non-Bluestone Sidewalk. Where the property on which the sidewalk exists is not part of a bluestone sidewalk, and the owner does not intend to install a new bluestone sidewalk consistent with the requirements of subdivision (b), the new sidewalk must: (1) Consist of concrete pavers scored to match the size of pavers on adjacent sidewalks, with saw-cut joints. If the sidewalk is adjacent to a bluestone or bluestone-tinted concrete sidewalk the new sidewalk must be tinted to match the bluestone. If the sidewalk is not adjacent to a bluestone or bluestone-tinted concrete sidewalk the sidewalk may be either untinted concrete to match the adjacent sidewalk or bluestone-tinted concrete; and (2) An existing bluestone or granite curb will be retained if possible, and any replacement curb will be bluestone, granite or tinted / untinted concrete to match adjacent curbing. (3) Unique or decorative scoring patterns may be used at front entryways of large apartment buildings, hotel or commercial buildings in historic districts if there is evidence that the building once had such decorative paving or if decorative scoring is a characteristic of the building type (e.g., hotel, large apartment building or club building) and the design does not call undue attention to itself or detract from the significant architectural features of the building or streetscape. (4) Metal post plates, and/or bolt holes associated with detachable flood protection barriers, may be installed in concrete sidewalks, provided the post plates are set flush with the sidewalk and the installation does not call undue attention to itself or detract from the building or streetscape. (d) Vault Lights. LPC Staff will issue an approval to repair or replace existing vault lights, re-create missing vault lights, or recall the presence of missing historic vault lights with diamond plate if the proposed work satisfies all of the following relevant criteria: (1) New vault lights. (i) New vault lights may be approved to restore missing vault lights, or to replace existing vault lights, whether uncovered or covered by diamond plate steel or concrete, that are beyond reasonable repair; (ii) New vault lights will match the existing or historic vault lights in terms of approximate panel size and overall footprint, material, finish and details; (iii) Where no vault lights exist, the basis for the design and materials of the new vault lights will be based on photographic or physical evidence relating to the building or adjacent buildings, or, if no documentation exists, the design and materials will be based on vault lights found at buildings of similar age, style and type; (iv) New vault lights may be set flush with the existing sidewalk over the original or new metal framing or over a solid concrete substrate where the historic condition occurred at grade, or set on the original or new metal platform where the historic condition was raised above grade. (2) Protection of existing uncovered and deteriorated vault lights. Existing uncovered vault lights that are in a deteriorated state and are no longer water-tight may be protected by covering the vault lights with dark-finished diamond plate steel. Vault lights at vertical surfaces and lower-traffic areas such as steps and landings should remain uncovered where feasible. (3) Protection of existing covered vault lights. (i) Existing vault lights that are covered by diamond plate steel or concrete may be re-covered with new dark-finished diamond plate steel; (ii) If the existing vault lights underneath the diamond plate or concrete are highly deteriorated or broken, they may be removed and replaced with new vault lights in accordance with paragraph (1). (4) Replacing diamond plate. If no vault lights are present under existing diamond plate steel, the diamond plate steel will be replaced with new dark finished diamond plate steel, except that if the historic district in which the building exists is not characterized by vault lights and/or diamond plate, the staff may approve replacing the diamond plate with concrete to match the adjacent concrete. (e) Granite Sidewalks. LPC Staff will issue an approval to repair or reset existing granite sidewalks, or to install new granite sidewalks, and new concrete pavers tinted to match the existing granite pavers, if the work satisfies all of the following relevant criteria: (1) The maximum number of intact granite pavers will be maintained or consolidated within the property lines; (2) Areas no longer covered by granite pavers will be replaced with new granite pavers or concrete pavers tinted and scored to recall the size of the historic granite pavers and saw cut; (3) Existing granite pavers will be sliced horizontally to create new or lighter pavers, provided that (i) the footprint of each paver is maintained and the paver is reinstalled in approximately the same location, and (ii) the resulting paver(s) will maintain a minimum of three to four (3 - 4) inch thickness and otherwise meet DOT requirements and comply with Department of Buildings structural requirements; and (4) New granite pavers will match the color, texture, dimensions and edge treatment of the existing granite pavers and will have a slip-resistant finish in accordance with DOT requirements. (f) Other Sidewalk Materials. LPC Staff may issue an approval to repair, reset or replace in-kind sidewalks of different historic materials, such as Belgian Block, brick or special concrete aggregates, provided such material is typically found in the district. For ribbon sidewalks, defined as sidewalks located with a grass or planting strip between the sidewalk and the curb, the material should match the historic material or the predominant material in the district, and the width of the sidewalk is not increased. For unique or atypical sidewalk treatments, such as a brick sidewalk in front of a carriage house in a district characterized by bluestone sidewalks, or a special sidewalk approved by the Public Design Commission or its predecessor, LPC Staff may require repair or in-kind replacement if the sidewalk treatment represents a significant historic alteration or if removal is deemed to result in the loss of a significant historic feature. (g) Accessible Sidewalks. (1) Pedestrian ramps at sidewalk intersections. LPC Staff will issue an approval to install accessible pedestrian ramps at sidewalk intersections if the proposed work satisfies all of the following relevant criteria: (i) For new or existing concrete sidewalks, accessible pedestrian ramps will consist of tinted concrete to match the color, texture and scoring of the adjacent or predominant sidewalk paving; (ii) For existing bluestone and granite sidewalks, bluestone or granite pavers may be cut, honed or otherwise modified to form the slope and flared sides of the ramp, or replaced in kind to accommodate the ramp. In addition: (A) If the existing sidewalk is predominately bluestone or granite, but the portion of the sidewalk at the intersection that needs to be modified is concrete, the ramp may consist of concrete tinted to match the adjacent historic paving material; (B) Existing bluestone or granite at the corner may be cut and moved within the property lines to replace missing or deteriorated bluestone pavers, and a concrete ramp, tinted to match the adjacent historic paving material, installed at the corner; or (C) Existing bluestone or granite sidewalks will remain and a concrete "neckdown" (an expansion of the sidewalk at the intersection into the road to shorten the pedestrian crosswalk) tinted to match the adjacent paving installed to accommodate the ramp and preserve the historic paving material in place; (iii) Detectable warning units, designed to alert people who are vision impaired that they are at an intersection, may be surface applied or imbedded into the concrete or stone; and (iv) The dimensions and slope of the ramp, and color differentiation for detectable warning units comply with applicable federal, state and city codes and requirements. (2) Sloping sidewalks. LPC Staff will issue an approval to slope a sidewalk in order to make a store or space accessible if the work will not damage or detract from historic paving or, if the sidewalk is concrete, the color and scoring pattern of the concrete matches the existing sidewalk, and the work complies with all applicable federal, state and City codes and requirements, including the requirements of 63 RCNY § 2-18, and provided that the work will not result in damage to or concealment of significant architectural features of the building. (h) Street trees, sidewalk planting beds and bioswales. Street trees and their associated planting pits, sidewalk planting beds and bioswales provide important environmental and social benefits, including providing shade and cooling, cleaning the air and absorbing rainwater and runoff, which have important functions in addressing climate change impacts in urban and suburban settings. LPC does not regulate the trees or plantings, unless specifically referenced in the designation report or through historical documentation, but only the physical change to the sidewalk to accommodate them. Every application to expand or install a new tree pit or planting area in the sidewalk area must also be approved by the New York City Parks Department. In historically residential areas, and in some cases commercial areas, the presence of these features is commonplace and has existed since the blocks were developed or shortly thereafter. LPC Staff will issue an approval to enlarge existing tree pits and sidewalk planting beds, or to install new tree pits, sidewalk planting beds and bioswales, if the work satisfies all of the following relevant criteria: (1) Existing tree pits or planting beds in portions of sidewalks abutting the curb of the streetbed may be enlarged to accommodate tree roots or otherwise provide additional area for planting beds and bioswales. (2) Tree pits, planting beds and bioswales may abut and/or connect continuously across property lines, however in no case should three or more properties be connected continuously, to maintain at least minimal separation of these in elements in keeping with the typical historic condition of the sidewalks, unless a continuous planning area is documented as a historic condition at the site or district. (3) Tree pits, planting beds and bioswales should generally be limited to the course of paving parallel to and abutting the sidewalk curb, and any enlargements perpendicular to the curb should be the minimum amount necessary as determined by an arborist due to the potential disruption to the pattern and clearances of the remainder of the sidewalk abutting the buildings, areaways and/or yards of the properties. (4) Modification of curbs for bioswales. Work affecting existing curbs must comply with the requirements of this section with respect to replacement material, except that a portion of an existing curb can be removed or lowered if such work is necessary for the installation or operation of a bioswale. (5) This subdivision applies to all sidewalks under the jurisdiction of the LPC, and not just the sidewalks in the historic districts listed in Appendix A. Appendix A: Historic Districts Having Continued Sidewalk Regulation Addisleigh Park Historic District African Burial Ground and The Commons Historic District Audubon Terrace Historic District Bedford Historic District Bedford Stuyvesant / Expanded Stuyvesant Heights Historic District Boerum Hill Historic District Brooklyn Academy of Music Historic District Brooklyn Heights Historic District Carroll Gardens Historic District Charlton-King-Vandam Historic District Chelsea Historic District Chelsea Historic District Extension Clinton Hill Historic District Cobble Hill Historic District Cobble Hill Historic District Extension (3 buildings) Ditmas Park Historic District Douglaston Historic District DUMBO Historic District Eberhard Faber Pencil Historic District Fieldston Historic District Fiske Terrace-Midwood Park Historic District Gansevoort Market Historic District Governors Island Historic District Gramercy Park Historic District Gramercy Park Historic District Extension Greenpoint Historic District Greenwich Village Historic District Hunters Point Historic District Jumel Terrace Historic District Ladies' Mile Historic District Manhattan Avenue Historic District Metropolitan Museum Historic District Noho East Historic District NoHo Historic District NoHo Historic District Extension Park Slope Historic District Park Slope Historic District Extension Park Slope Historic District Extension II Prospect Park South Historic District Riverdale Historic District Sniffen Court Historic District SoHo-Cast Iron Historic District SoHo-Cast Iron Historic District Extension South Village Historic District South Street Seaport Historic District South Street Seaport Historic District Extension St. George/New Brighton Historic District St. Mark's Historic District Extension St. Mark's Historic District St. Nicholas Historic District St. Paul's Avenue-Stapleton Heights Historic District Stone Street Historic District Stuyvesant Heights Historic District Stuyvesant Square Historic District Tribeca East Historic District Tribeca North Historic District Tribeca South Historic District Tribeca South Historic District Extension Tribeca West Historic District Vinegar Hill Historic District Wallabout Historic District (Amended City Record 12/20/2018, eff. 1/19/2019; amended City Record 7/20/2023, eff. 8/19/2023)