Int. No. 639

By Council Members Brewer, Felder, Gerson, Gonzalez, James, Koppell, Recchia Jr., Stewart, Mark-Viverito and Seabrook

A Local Law to amend the administrative code of the city of New York, in relation to the review of curb cuts.

Be it enacted by the Council as follows:

                     Section 1.  Section 27-144 of article nine of subchapter one of chapter one of title 27 of the administrative code of the city of New York is amended by relettering the existing text as subdivision a and adding a new subdivision b to read as follows:

                     b.  Upon receipt of an application and plan involving a curb cut, the commissioner shall immediately forward copies of such application and plan to the following:

1.  The commissioner of transportation to review the impact of such curb cut on vehicular and pedestrian traffic adjacent to such curb cut.  The commissioner of transportation shall within seven days of receiving such application or plan, approve or disapprove such application and plan and forward a notice of such approval or disapproval to the commissioner.  The commissioner shall not approve any application and plan involving a curb cut unless the commissioner of transportation approves such application and plan.

2.  The community board within whose district the application pertains, which shall make a recommendation about whether such application and plan should be approved within ten days after receipt of such application and plan.  The commissioner shall consider the comments of such community board when reviewing such application and plan involving a curb cut.

Section 2.  Article 108 of title 28 of the administrative code of the city of New York, as added by local law number 33 for the year 2007 is amended by adding a new section 28-108.4 to read as follows:

§28-108.4  Applications involving curb cuts.  Upon receipt of an application for approval of construction documents involving a curb cut, the commissioner shall immediately forward copies of such application to the following:  the commissioner of transportation, who shall review the impact of such curb cut on vehicular and pedestrian traffic adjacent to such curb cut and within seven days of receiving such application, approve or disapprove such application and forward a notice of such approval or disapproval to the commissioner, who shall not approve any application involving a curb cut unless the commissioner of transportation approves such application; and the community board within whose district the application pertains, which shall make a recommendation and forward a copy of such recommendation within ten days of receiving such application to the commissioner, who shall consider such recommendation when reviewing such application.

§3.  This local law shall take effect ninety days after it is enacted into law.

PH

LS # 3811, 3812

10.24.07 - noon