2006 New York Code - Issuance Of Permit To Open Street Within Five Years After Completion Of City Capital Construction Project Requiring Resurfacing Or Reconstruction Of S

 
    §  19-144  Issuance  of  permit to open street within five years after
  completion of city capital construction project requiring resurfacing or
  reconstruction of such  street.  All  persons  having  or  proposing  to
  install  facilities  in,  on or over any street shall be responsible for
  reviewing the city's capital budget, capital plan and capital commitment
  plan. Such persons shall make provision to do any work, except emergency
  work, which requires the opening or use of any street prior to or during
  the  construction  of  any  capital  project  requiring  resurfacing  or
  reconstruction  proposed  in  such  budget  or  plan for such street. No
  permit to use or open any street, except for emergency  work,  shall  be
  issued  to  any person within a five year period after the completion of
  the construction of a capital project set forth in such budget  or  plan
  relating  to  such street requiring resurfacing or reconstruction unless
  such person demonstrates that the need  for  the  work  could  not  have
  reasonably  been  anticipated  prior  to  or  during  such construction.
  Notwithstanding   the   foregoing   provision,   the   commissioner   of
  transportation may issue a permit to open a street within such five year
  period  upon a finding of necessity therefor, subject to such conditions
  as  the  commissioner  may  establish  by  rule,  which  shall   include
  appropriate   guarantees  against  the  deterioration  of  the  restored
  pavement.