Water Front Terminals

NYC Admin. Code tit. 22, ch. 1, subch. 2

in effect

NYC Admin. Code § 22-131 Definitions.

§ 22-131 Definitions. As used in this subchapter the following words shall mean: 1. "Marginal wharf": The area extending inshore from the bulkhead line shown on any plan for the improvement of the water front adopted pursuant to law and constructed in accordance with such plan. 2. "Terminal basin": All basins, harbors, graving or loading docks that may be provided by the inclosure, natural or artificial, of water for the flotation, protection or handling of shipping or freight, or for transport service of any class. 3. "Terminal ways": A way or ways constructed or operated for the transportation of freight to, from, across or along any wharf property, or canal of or in the city or any extension or extensions, branch or branches, approach or approaches, siding or sidings, bridge or bridges thereof or therefor, upon, lying upon, above or below any street, avenue, road, highway, park or parkway, bridge, viaduct or public place or slip, canal or waterway, public or private, wharf property, lands and lands under water of or in the city, including all equipment and terminal facilities, of every kind used or operated in connection with any such way so constructed or operated. 4. "Terminal stations": A building or buildings, structure or structures erected or acquired, occupied or used in connection with terminal ways for the receipt, handling, delivery or shipment of freight, including terminal stores and appurtenances and appliances necessary for the operation thereof, whether such buildings and other structures or portions thereof are used exclusively for terminal stations or terminal stores or in part for warehousing, manufacturing or other purposes. 5. "Terminal stores": A building or buildings or space for the temporary storage of freight while in the process of delivery, shipment or transport or for use for general warehouse purposes. 6. "Terminal factories": The space used for manufacture and for the storage incidental thereto of materials, supplies and products together with such power, light, machinery, and other facilities therefor as may be supplied in connection therewith. 7. "Terminal facilities": Any and all terminal way or ways, terminal station or stations, marginal wharf, terminal basin or basins, terminal store or stores, wharf property, and transportation of property thereon, thereby, thereto or therefrom by this subchapter provided for or mentioned and equipment thereof and therefor. 8. "Equipment": Elevators, conveyors and conveying apparatus, hoists, shutes, float bridges, transfer bridges and appliances for lighting, heating, or refrigerating, roadbed, tracks, switches, crossovers, spurs, signals, telphers, cars, motors, engines and rolling stock of all descriptions; tugs, floats and lighters; power plant, substations and transformers, appliances for transmission of power by third rail, overhead wires or other means; telephone and telegraph wires and other means of communication; together with all appurtenances and appliances appertaining thereto, connected therewith or used in the operation thereof. 9. "Street": Includes avenue, road, alley, lane, highway, viaduct, bridge, tunnel, subway, park, parkway, and every class of public road, square and place, except marginal wharf. 10. "Transportation": Includes any service in connection with the receipt, delivery, carriage, elevation, transfer in transit, sorting and handling of the property transported, or the handling of goods on or in terminal basins, terminal ways, terminal stations, terminal stores or wharf property by mechanical appliances or other means.

NYC Admin. Code § 22-132 Plans.

§ 22-132 Plans. a. The commissioner, when directed by the board of estimate, or when the commissioner deems it to be for the interest of the city, shall prepare plans for terminal facilities, which shall consist of: 1. A map or maps showing the area to be included in such terminal, together with the location of any buildings, railroad tracks, wharves, piers, bulkheads and other structures which are to form a part thereof; 2. A description, by metes and bounds, of all property which it is proposed to acquire by purchase or otherwise as a part of such terminal facilities. b. Such plans, or any modification or addition thereto shall be submitted to the board of estimate and when adopted pursuant to and in accordance with section one hundred ninety-nine of the charter, and filed in the office of the commissioner, shall be the exclusive plans according to which any terminal facilities, wharf property, or other property required for such terminal facilities, shall be laid out or constructed by the city, its agents or contractors. c. Whenever such plans shall include the narrowing or widening of a street or the opening and construction of a new street or the abandonment of a street already in existence, the power to narrow, widen, open, construct, abandon or close the same, or to cause the same to be narrowed, widened, opened, constructed, abandoned or closed, shall be exercised by the board of estimate which is hereby authorized to take such steps as may be necessary in that regard.

NYC Admin. Code § 22-133 Acquisition of the necessary real property.

§ 22-133 Acquisition of the necessary real property. a. After the adoption and certification of such plans, and the filing thereof in the office of the commissioner, the mayor may direct the commissioner to acquire any and all real property included in such plans or any interest therein, which may be necessary for the creation of the terminal facilities shown upon the map or maps forming part of such plans. The proceedings for the acquisition of the title to such property shall be taken and conducted in the manner prescribed in subchapter one of chapter three of title five of the code. b. Whenever, at any height, or depth, an area of land is required for the purposes of such terminal facilities, the entire fee of land furnishing such area, or such lesser estate therein, as the board of estimate shall deem needed for public use may be so acquired; and the city may use for other public purposes, or may lease or permit the use for storage, warehousing, manufacturing or otherwise, of such levels and parts of levels thereof as from time to time may not be required for such terminal facilities. c. The area of land to be so acquired may include such area, additional and adjacent to that required for the structure of such terminal ways or stations, as such board may authorize and certify as required to be replotted, regraded or otherwise adapted for convenient access to and use of such ways or stations or other improvement of the water front of the city in connection therewith. d. Such parts of the lands acquired by the city under and pursuant to the provisions of this subchapter which in the judgment of the board of estimate are no longer required for the improvement of the water front facilities of the city or for any other public purpose, except the part of such lands so acquired as have been heretofore assigned by the board of estimate to the use of the department of ports and trade, may be sold by the city in the manner prescribed by subdivision b of section three hundred eighty-four of the charter. The proceeds of such sale shall be paid into the real property fund. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

NYC Admin. Code § 22-134 Construction.

§ 22-134 Construction. The board of estimate may direct the commissioner to build or cause to be built the whole or any part of terminal ways, including foundations, abutments and bridges required therefor, terminal stations and equipment thereof, provided for by such plans for terminal facilities, and generally to execute such plans.

NYC Admin. Code § 22-135 Operation.

§ 22-135 Operation. The board of estimate may direct the commissioner to operate or to permit the use of terminal facilities upon such terms and subject to such regulations as such board from time to time may establish; and to carry into effect the provisions of this subchapter, the commissioner may purchase or lease or obtain in the best manner obtainable for the interests of the city, and according to law, power, light, heat and fixtures for the use thereof and other necessities and conveniences for such operation, provided that nothing contained in this subchapter shall be deemed to include the right or privilege to grant a franchise to carry on the business of generating, selling or distributing electric light, heat or power.

NYC Admin. Code § 22-136 Use of private facilities.

§ 22-136 Use of private facilities. The board of estimate may hire or contract for use by the city in supplement or extension of its terminal facilities such ways, stations, basins, plant or service as, being owned or controlled by others than the city, shall be needed or proper to that end, but not for a longer period than twenty-five years, except as provided for by option to the city.

NYC Admin. Code § 22-137 Acquisition of private facilities.

§ 22-137 Acquisition of private facilities. In case any terminal facilities shall be provided, or agreed to be provided by the city as a substitute, in whole or in part, for any existing tracks, or other transportation or terminal facilities which the owner thereof may agree to surrender in consideration of the right to use such terminal facilities so provided in substitution, or agreed to be provided in substitution, the city may for such a time, and on such terms and conditions as may be agreed upon, lease, permit or agree in respect to such substituted use or operation.

NYC Admin. Code § 22-138 Liability of city limited.

§ 22-138 Liability of city limited. Neither in any such operation of any such way, station or store, nor in any such transport as it shall undertake, shall the city be or undertake to be liable as a common carrier.

NYC Admin. Code § 22-139 Private operation.

§ 22-139 Private operation. a. If the board of estimate shall determine that municipal operation of any terminal facilities is inexpedient, it shall advertise for proposals for the privilege of constructing, equipping and operating the same, or for equipping and operating after construction by the city, or for operating after construction and equipment by the city, by a notice to be printed once a week for two successive weeks in not less than two daily newspapers, and may require security from bidders for the execution of their bids, if accepted. Such notice shall describe such terminal facilities in such terms as the board of estimate shall deem proper, and shall state the time and place at which proposals will be received and opened. All proposals shall undertake to equip such facilities, unless equipment shall have been provided by the city, and to maintain and operate such terminal facilities for a period not exceeding twenty-five years, with the privilege, however, of renewing such contract for a further period not exceeding twenty-five years upon terms to be readjusted as provided in such contract. Such proposals may offer to pay to the city for the use of such terminal facilities either (1) a fixed annual sum; or (2) a share of gross receipts; or (3) a share of net receipts. The board of estimate, or a duly appointed committee thereof, shall attend at the time and place specified in such public notice, and shall publicly open all proposals which shall have been received, but such board shall not be bound to accept any proposals so received, and may reject all such proposals and re-advertise for proposals in the manner hereinbefore provided, or may accept any of such proposals as will, in the judgment of such board, best promote the public interest, and award a contract accordingly. b. Any contract for private operation of terminal facilities shall contain a provision whereby the city, at any time after ten years, may terminate the same so far as it relates to the maintenance and operation of terminal ways, and terminal stations, and the equipment thereof, upon terms to be fixed in such contract, upon giving one year's written notice of its intention so to do. Upon termination by the city, pursuant to the privilege so reserved, the city shall purchase the equipment actually used in the operation of such terminal facilities at an amount agreed upon between the owner thereof and the city; or, in the event of failure to agree, at an amount to be fixed by appraisal, each party to name an impartial appraiser, and the two so named to select the third. In the event of failure to agree upon a third appraiser, he or she shall be named by the presiding justice of the appellate division of the supreme court, first department; provided, however, that the contract for the operation of such terminal facilities may provide for the amortization of all or a part of the operator's investment out of earnings, in which event the portion so amortized shall become the property of the city at the termination of the contract without further payment to the operator. c. Any contract for private operation may provide for the construction of warehouses, factories or other buildings on land owned by the city, which warehouses, factories or buildings shall, during construction and at all times thereafter, be the property of the city. The contract may provide for the amortization of the cost of such warehouses, factories or buildings out of receipts from their operation, or out of receipts from the operation of all the terminal facilities included in such contract during the term thereof, and may provide for the payment by the city of any unamortized portion of the actual cost plus a reasonable contractor's profit, not to exceed fifteen per centum at the termination of the contract, or on the exercise of an option to recapture reserved in the contract. The contract may provide for the payment to the city for the privilege of operating such warehouses, factories, or other buildings so constructed, either (1) a fixed annual sum; or (2) a share of the gross receipts; or (3) a share in the net profits. d. Such contract may contain any other provision not inconsistent with this section which the board of estimate may deem necessary or desirable for the protection of the interests of the city. e. Notwithstanding the provisions of any general or special law, a railroad corporation may, with the consent of the board of estimate, purchase, acquire or hold any stocks or any bonds or other evidences of indebtedness of a corporation which, pursuant to this section, enters into a contract with the city for the operation of terminal facilities in the boroughs of Brooklyn and Queens, or either of them, and which contract provides for the handling over such terminal road of freight moved by water, or partly by rail and partly by water, and freight moved wholly by rail, without discrimination as between such freight moved by water, or partly by rail and partly by water, and freight moved wholly by rail. The consent of such board shall be granted only upon such notice and after such hearing as may be prescribed under rules and regulations which such board is hereby authorized to adopt.

NYC Admin. Code § 22-140 Construction clause.

§ 22-140 Construction clause. Nothing contained in this subchapter shall be construed as in any way limiting the present or future jurisdiction of the public service commission of the state of New York, and nothing contained in this subchapter shall be construed as limiting or repealing any of the provisions of the railroad law of the state of New York. Provided, however, that it shall not be necessary before constructing a railroad as part of terminal facilities to obtain a certificate of convenience and necessity from the public service commission.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-221620Fetched: 10/24/2026