§ 7-04 Eligible Improvements; Standards; Annual Rates.
(a) The Commissioner may, in his or her discretion, grant, renew, modify, or rescind revocable consents for any of the improvements listed in this subdivision to be constructed or maintained on, over, or under City streets, in accordance with the requirements set forth in Section 364 of the Charter. Except as otherwise provided, annual compensation for the improvements listed in this subdivision shall be as set forth herein and, unless otherwise provided, shall not increase during the term of the revocable consent.
(1) Accessibility lift to provide access for people with disabilities.
(i) Standard. The lift shall be stored at the building end of its run and shall include appropriate safety devices. The lift shall not extend more than five and one half feet in the direction of the curb from the base of the steps when in use. In no instance shall the lift or any portion thereof extend beyond the curbline when in use.
(ii) Annual rate. $25. The annual fee for an accessibility lift shall be in addition to the normal fee for a stoop or stairway.
(2) Bench.
(i) Standard. No bench shall be greater than six feet in length. Benches greater than four feet in length shall be designed to discourage people from reclining. Benches adjacent and parallel to the building shall be installed no more than six inches from the building face and, if multiple benches are installed, they shall be at least three feet apart. A bench which is not anchored to the sidewalk shall be placed against the building face during hours that the benefited property is open to the public and shall be stored inside the building when the building is closed.
(ii) Annual rate. $150.
(3) Bridge.
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. See 34 RCNY § 7-10. If the structure is not in use, the rate shall be 10% of the rate in effect pursuant to the formulas described in 34 RCNY § 7-10.
(4) Cable, above-ground.
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. See 34 RCNY § 7-10.
(5) Cellar door, including stair.
(i) Standard. All cellar doors required by § 27-292(b)(4) of the Administrative Code shall be constructed pursuant to the requirements of the Administrative Code.
(ii) Annual rate. See 34 RCNY § 7-10.
(6) Clock.
(i) Standard. The base shall be no more than 18 inches in diameter. The lowest portion of the clock face shall be at least eight feet above the sidewalk. The overall height of the clock shall not exceed 15 feet. The clockface shall be no more than two feet in diameter. Time shall be maintained accurately. The name or logo and address of the adjacent premises may be displayed on the clockface; however, the total display space shall be no greater than one third of the square footage of the clockface.
(ii) Annual rate. $300.
(7) Conduit and underground cable.
(i) Standard. All conduit shall be underground.
(ii) Annual rate. See 34 RCNY § 7-10.
(8) Electrical socket.
(i) Standard. All electrical sockets shall be installed pursuant to the requirements of the New York City Department of Buildings.
(ii) Annual rate. $25.
(9) Enclosure for trash receptacle, adjoining a building, for private use.
(i) Standard. The enclosure shall be of non-flammable construction and shall be rodent proof. The enclosure shall be between three feet and five feet high, except in areas in the Bronx, Queens, Brooklyn and Staten Island zoned for manufacturing, mixed-use (MX), special purpose districts which allow manufacturing, or for automotive or other heavy commercial uses (C8), where the enclosure shall be between three feet and ten feet high, and shall be securely affixed to the sidewalk, fence, building, or other appropriate fixture.
(ii) Annual rate. The greater of $5 per square foot of area, as projected onto a horizontal plane or $25, except in areas zoned for manufacturing, where the annual rate shall be $1 per square foot of area, as projected onto a horizontal plane.
(10) Fenced or walled-in area, including the enclosing structure, not used for planting or parking, including a fenced or walled-in area containing a drainage basin or a shopping cart storage area. An area enclosed by a privately installed guard rail shall be deemed a fenced-in area and shall be subject to the standards below. Fences may be approved for no more than one year pursuant to the provisions 34 RCNY § 2-10, provided the placement of such fences is for temporary security purposes.
(i) Standard.
(A) The fence shall be no fewer than three and no greater than four feet high in residential and commercial zoning districts and shall be no fewer than three and no greater than ten feet high in manufacturing zoning districts, as such zoning districts are set forth in the Zoning Resolution, except that athletic play field fences may extend as high as 15 feet. Smooth edged finials may be attached to fence posts up to a maximum height of four feet, six inches in residential or commercial zoning districts. No chisel points or spikes shall be included on fences shorter than eight feet, except as approved by the Landmarks Preservation Commission.
(B) The fence shall be constructed of non-flammable, non-wood material. The use of opaque material (such as masonry) is limited to the base of the fence up to 21 inches in height and to vertical columns spaced at least five feet apart. Solid or opaque materials may comprise no more than 35 percent of the total vertical area of the fence above any opaque base. For metal fences, picket interspace shall measure between four and five and three-quarters inches, and picket width may measure up to one inch wide. Chain-link, where approved, shall have a two inch mesh and shall not include screening. Barbed wire is permitted in manufacturing zoning districts only. Razor wire is prohibited.
(C) No sign shall be attached to a fence.
(ii) Annual rate.
(A) Except as provided in 34 RCNY § 7-04(a)(10)(ii)(B), below, the first year's annual rate shall be the greater of $1,500 or (C × L × 0.16 × A), as defined in 34 RCNY § 7-10(a), and subsequent years' rates shall be determined in accordance with 34 RCNY § 7-10(c).
(B) For non-commercial use connected to a residential building of six or fewer units, the greater of $100 or (C × L × 0.01 × A), as defined in 34 RCNY § 7-10(a).
(11) Flagpole.
(i) Standard. The base shall be no larger than 18 inches in diameter and no fewer than 30 inches in height.
(ii) Annual rate. None (pursuant to § 19-125(e) of the Administrative Code).
(12) Guard booth.
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. See 34 RCNY § 7-10.
(13) Information sign or kiosk.
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. See 34 RCNY § 7-10.
(14) Litter receptacle for public use.
(i) Standard. The litter receptacle shall be constructed of non-flammable, non-wood material and shall be securely affixed to the sidewalk or sufficiently heavy to prevent movement without considerable force. The minimum height of the receptacle shall be two feet, six inches, the maximum height shall be four feet and the maximum width shall be three feet, with an overall area not to exceed nine square feet. No side of the receptacle shall exceed three feet in width. The litter receptacle may include the grantee's logo and/or building or institution name no greater than one square foot in size, if the receptacle is adjacent to the named property.
(ii) Annual rate. $25.
(15) Overhead Building Projection in excess of that allowed by the Administrative Code.
(i) Standard. Overhead building projections shall be permitted over the street provided the minimum height above the sidewalk is ten feet and the depth of the projection does not exceed three feet ten inches, inclusive of any depth permitted by § 27-313(a) of the Administrative Code, to a height 30 feet above the sidewalk. Above 30 vertical feet the permitted depth shall be four feet, ten inches, inclusive of any depth permitted by the Administrative Code. Except for architectural details such as cornices, brackets and belt courses, which may extend across the full street frontage of a building, projections shall not have an aggregate width at any level of the building greater than 50 percent of the building frontage. Projections containing floor area shall be referred to DCP.
(ii) Annual rate. See 34 RCNY § 7-10.
(16) Parking area for private use for non-residential property (if there is no charge to vehicle operator).
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. The first year's annual rate shall be the greater of $600 or (C × L × 0.36 × A), as defined in 34 RCNY § 7-10(a) of these rules, and subsequent years' rates shall be determined in accordance with 34 RCNY § 7-10(c).
(17) Pipe or fuel pipeline, above-ground.
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. See 34 RCNY § 7-10. If the grantee is not using the structure, the Department may set rates without reference to the formulas described in 34 RCNY § 7-10.
(18) Planted area, including any surrounding fence or wall.
(i) Standard. Live vegetation shall occupy 80 percent of the area. No vegetation may overhang a sidewalk beyond the boundary of the planted area, including any fence, unless the overhanging vegetation is at least eight feet above the adjacent sidewalk area. No rocks, timbers, wickets (hoops) or other trip hazards shall serve as a border. Any surrounding fence or wall shall conform to the standards provided in item (10), above.
(ii) Annual rate. The greater of $2 per square foot of area, as projected onto a horizontal plane, or $25.
(19) Planters.
(i) Standard.
(A) The planter shall be no fewer than 18 and no greater than 48 inches high. The maximum area, measured at the planter's widest point, shall be 25 square feet, and the maximum dimension of the planter shall be five feet along the side which is perpendicular to the curb or eight feet along the side which is parallel to the curb. (Planters installed against the building face may be continuous.)
(B) If a planter is proposed to be placed above a sidewalk vault, a professional engineer shall certify that the sidewalk can support a 600-pound per square foot live load.
(C) No planter shall be constructed of wood. Wood cladding of other planter types is permitted if such cladding is fireproof and graffiti resistant. Concrete tubs, two inches thick, are recommended.
(D) The Department recommends the planting of small shrubs and flowers as they require less maintenance and are hardier than small trees. No woody growth shall overhang the edge of the planter. Suggested tree species for planters are: Crab Apples (Florida Snow Drift); Euonymus Pateris (Shrub); Taxus O. Densifornius (Japanese Yew); Scotch Pine; Austrian Pine; Ilex Meserva; Cornus Mass (Corneliean Dogwood); Syringia Reticulata (Japanese Tree Lilac); Prunus Sargentii (Columnaris); Acer Ginnala (Amur Maple); Acer Truncatum; Viburnum Sieboldii (Tree Form Viburnum).
(E) Planters shall be maintained, shall contain live plants at all times and shall be kept free of debris and graffiti.
(ii) Annual rate. The greater of $2 per square foot of area as projected onto a horizontal plane, or $25 per planter.
(20) Post, pole or bollard not otherwise governed by permit procedures contained in § 19-125 of the Administrative Code.
(i) Standard. The post, pole or bollard shall be no fewer than 30 inches high, no greater than 48 inches high, and no greater than 18 inches in diameter. If more than one post, pole or bollard is to be installed, they shall be at least four feet apart and shall not be joined with horizontal members. If a concrete-filled pipe design is used, it shall be capped or smoothed.
(ii) Annual rate.
(A) $125 each, minimum of $500 per consent.
(B) Post, pole or bollard adjacent to a building containing a marquee pursuant to a permit granted by the Department of Buildings, $25 each, minimum of $100 per consent.
(21) Public service corporation facility ancillary to, but not within, a franchise granted prior to July 1, 1990.
(i) Standard. Refer to standards in this section for individual structures.
(ii) Annual rate. See 34 RCNY § 7-10. When calculating the annual rate pursuant to this paragraph, "E" will be reduced by 15%. This rate shall not apply to revocable consents approved as provided in subdivision (b) of this section.
(22) Railroad tracks for private use.
(i) Standard. Railroad tracks shall be located in an M or C8 zoning district outside any area improved for vehicular or pedestrian use, except that tracks may cross an existing or future driveway with the permission of the property owner served by such driveway.
(ii) Annual rate. The first year's annual rate shall be the greater of $500 or (C × L × 0.04 × A), as defined in 34 RCNY § 7-10(a) of these rules, and subsequent years' rates shall be determined in accordance with 34 RCNY § 7-10(c).
(23) Ramp intended to provide access for people with disabilities.
(i) Standard.
(A) The Department may grant a revocable consent for a ramp which extends more than 44 inches from the building line for buildings erected prior to December 6, 1969, including any additional steps attached or ancillary to the ramp structure made necessary by the creation of the ramp. (§ 27-308 of the Administrative Code permits ramps to extend up to 44 inches from the building line for such buildings.) (Buildings erected after December 6, 1969 must contain ramps within the property line.)
(B) In the case of buildings erected between December 6, 1969 and September 5, 1987, the Department may grant a revocable consent for a ramp which extends more than 44 inches from the building line if the ramp will make a primary entrance to the building accessible.
(C) The ramp shall conform to the standards of the Americans With Disabilities Act, 36 C.F.R. Part 1191, and § 27-308 of the Administrative Code. A canopy may be erected above the ramp provided such canopy does not fully enclose the ramp and provided such ramp is adequately illuminated and complies with all other applicable regulations.
(ii) Annual rate. $25.
(24) Retaining walls.
(i) Standard. Retaining walls may be constructed only where warranted by existing grade or by a change in grade undertaken with prior approval by the Department of Buildings.
(ii) Annual rate. See 34 RCNY § 7-10.
(25) Sidewalk plaque or logo.
(i) Standard. The size of the logo or plaque shall not exceed nine square feet with a maximum dimension of three feet along any side. The plaque or logo shall be limited in design and content to a symbol or other element referring to or naming the adjoining property owner, a district organization, the district/neighborhood character, or consistent with an area-wide way-finding graphic design system. The plaque or logo shall consist of material that provides a stable, firm and slip-resistant surface and shall be installed flush with the sidewalk surface.
(ii) Annual rate. $300 per plaque or logo.
(26) Socket with removable poles, posts, or similar devices, including any connecting devices such as ropes, ribbons, horizontal poles, and the area thereby enclosed.
(i) Standard. Sockets shall be flush with the sidewalk and fitted with spring-mounted flush covers. Posts or poles shall be no fewer than 30 inches and no greater than 48 inches high, including any connecting devices.
(ii) Annual rate. The first year's annual rate shall be the greater of $750 or (C × L × 0.16 × A), as defined in 34 RCNY § 7-10(a), where A is the area of the enclosed area, and subsequent years' rates shall be determined in accordance with 34 RCNY § 7-10(c).
(27) Stoop, step, ramp, vestibule or other entrance detail extending beyond limits set in Articles 8 and 9 of Subchapter 4 of Chapter 1 of Title 27 of the Administrative Code, other than a ramp described in 34 RCNY § 7-04(a)(23) or a stoop or other improvement described in 34 RCNY § 7-04(a)(29).
(i) Standard. Such structures shall be constructed pursuant to the requirements of the New York City Department of Buildings and shall have a maximum width of eight feet and shall extend as far as such structures on adjacent buildings.
(ii) Annual rate. See 34 RCNY § 7-10.
(28) Stoop or any other improvement eligible for a revocable consent pursuant to these rules and adjacent to a building which is located within a designated New York City historic district or which is a designated New York City landmark.
(i) Standard. No revocable consent shall be granted for such a structure located in a designated New York City historic district or attached to a designated New York City landmark building without the prior written approval of the Landmarks Preservation Commission pursuant to Chapter 3 of Title 25 of the Administrative Code. Refer to standards in this section for individual structures.
(ii) Annual rate. $25 for residential buildings with fewer than six units. For all other buildings, see the appropriate paragraph of this subdivision.
(29) Street lamp or light fixture.
(i) Standard. Street lamps or light fixtures which replace or augment existing lighting shall be placed and illuminated as approved by the Department's Division of Street Lighting. The base shall be no greater than 18 inches in diameter. Hours of illumination shall coincide with those of the City's street lights.
(ii) Annual rate. $150.
(30) Tunnel.
(i) Standard. All tunnels and related structures shall be constructed underground or within the adjacent building pursuant to the requirements of the New York City Department of Buildings.
(ii) Annual rate. See 34 RCNY § 7-10. If the structure is not in use, the rate shall be 10% of the rate in effect pursuant to the formulas described in 34 RCNY § 7-10.
(31) Vault extending beyond the curbline or underground improvement not otherwise governed by license procedures contained in § 19-117 of the Administrative Code.
(i) Standard. All vaults shall be constructed underground pursuant to the requirements of the New York City Department of Buildings.
(ii) Annual rate. See 34 RCNY § 7-10.
(32) Any improvement listed in 34 RCNY § 7-04 for which a consent is proposed to be granted where the grantee has filed an application concerning the subject property pursuant to § 4-105 of the Administrative Code, or any improvement listed in 34 RCNY § 7-04 where the construction of such improvement was funded 50 percent or more by a City agency.
(i) Standard. Refer to standards listed above for individual structures.
(ii) Annual rate. The Department may set rates for such consents without reference to the formulas described in 34 RCNY § 7-10; such rates shall be set forth in the agreements memorializing the consents.
(33) Any improvement listed in 34 RCNY § 7-04 which has been approved for use for security purposes by the New York City Police Department.
(i) Standard. Refer to standards listed above for individual structures.
(ii) Annual rate. None.
(iii) This paragraph shall not be construed to apply to any improvement(s) listed in paragraph 35 of subdivision (a) of 34 RCNY § 7-04.
(34) Upon approval by the Public Design Commission, any work of art that is fully integrated into an improvement listed in 34 RCNY § 7-04.
(i) Standard. Such an improvement with an integrated art element must adhere to the standards listed in this section for individual structures.
(ii) Annual rate. 50% reduction to the annual rate listed in this section for individual structures.
(35) Portions of the street used in connection with loading docks, bays or other like facilities for loading and unloading of goods and materials of or for the use of foreign, domestic or multinational governmental entities, where, in the judgment of the New York City Police Department, the location of such facility is necessary due to security concerns applicable to such entity.
(i) To be referred to DCP to determine whether the improvement has land use impacts.
(ii) Annual rate. An amount determined by the Department to be adequate compensation.
(36) Bicycle racks.
(i) Standard. All bicycle racks shall be installed in compliance with the general conditions set forth in 34 RCNY § 7-06. A request that adheres to minimum clearances may nonetheless be denied by the Department if the bicycle rack would interfere with the safe passage of pedestrians.
(ii) Annual rate. $25
(37) Any improvement that has been certified by a New York State Licensed Professional Engineer as a component of a flood mitigation system as defined in 34 RCNY § 2-10.
(i) Standard.
(A) The Department may grant a revocable consent for flood mitigation system components. Except in the case of a public service corporation facility, a revocable consent will only be granted to a petitioner:
(a) for the protection of a building or portion of a building under this paragraph where such building or portion of a building was erected prior to January 8, 2015 or where a lawful building permit was issued by the Department of Buildings for the erection of such building prior to January 8, 2016; or
(b) for the protection of a building or portion of a building located within an area of special flood hazard, as such term is defined in section G201.2 of Appendix G of the New York City Building Code.
(B) Such improvements shall be designed and constructed in compliance with the requirements of the New York City Department of Buildings and any other applicable requirements of or terms and conditions of approvals issued by other City entities. The Department will consult with the New York City Department of Environmental Protection and any other agency the Department deems necessary or desirable regarding an application for a revocable consent for flood mitigation system components prior to its approval of such application.
(ii) Fee. $2,000. This fee shall apply to the initial revocable consent application and shall not apply to renewal applications so long as the design of the improvement has not changed.
(38) Electric micromobility device battery swapping and charging cabinet.
(i) Standard.
(A) An electric micromobility device battery swapping and charging cabinet may be installed adjacent to:
1. A building where the ground floor has a non-residential use; or
2. A residential building with five or more dwelling units.
(B) The height of each electric micromobility device battery swapping and charging cabinet shall not exceed eight feet and five inches. The width of each such cabinet shall not exceed four feet. The depth of each such cabinet shall not exceed four feet.
(C) An electric micromobility device battery swapping and charging cabinet shall be securely affixed to the ground.
(D) The distance between any two electric micromobility device swapping and charging cabinets shall be a minimum of three feet, unless otherwise approved by the New York City Fire Department.
(E) An electric micromobility device battery swapping and charging cabinet may be installed above a sidewalk vault where:
1. Such sidewalk vault is licensed pursuant to § 19-117 of the Administrative Code; and
2. A registered design professional, as defined in § 28-101.5 of the Administrative Code, has certified that such sidewalk vault has been inspected and that the sidewalk above such vault can safely support the electric micromobility device battery swapping and charging cabinet.
(F) An electric micromobility device battery swapping and charging cabinet may be installed adjacent to a 90-degree or angled parking spot, provided that bollards in accordance with 34 RCNY § 7-04(a)(20) shall be installed between the electric micromobility device battery swapping and charging cabinet and such parking spot.
(G) No revocable consent shall be granted for an electric micromobility device battery swapping and charging cabinet without the prior written approval of the New York City Fire Department.
(ii) Annual rate. $25.
(b) Other improvements approved by the Board of Estimate. Revocable consents that were granted by the Board of Estimate prior to July 1, 1990 for private improvements which are not listed in subdivision (a) above may be renewed, amended, or revoked by the Commissioner in his or her sole discretion, provided that any renewal or amendment shall be submitted to DCP when required pursuant to 34 RCNY § 7-03. In each year of such consent, the annual rate shall increase by the average of the Consumer Price Index for All Urban Consumers in New York and New Jersey published by the U.S. Department of Labor's Bureau of Labor Statistics ("CPI") increase for the ten years prior to the date of the renewal of the consent. For consents granted pursuant to this subdivision to public service corporations, their annual rate increase shall be reduced by 15%.
(c) Compliance with requirements. All improvements for which a revocable consent is granted shall comply with the general conditions in 34 RCNY § 7-06.
(Amended City Record 2/4/2016, eff. 3/5/2016; amended City Record 1/2/2025, eff. 2/1/2025)
