2006 New York Code - Approval And Consent Of Board Of Estimate And The Mayor.

 
    §  21.  Approval  and  consent of board of estimate and the mayor.  a.
  After any determination by the board of transportation of any such route
  and of any  general  plan  of  construction  or  establishment  of  such
  railroad  the  board  shall  transmit to the board of estimate a copy of
  such plans and conclusions as adopted.   It shall be the  duty  of  such
  board  of estimate upon receiving such copy of plans and conclusions, to
  hold a  public  hearing  upon  the  proposed  route  or  any  extension,
  modification  or  change  of route, other than a rapid transit route, at
  which citizens shall be entitled to appear and be heard. No such hearing
  shall be held until after notice thereof  and  of  the  proposed  route,
  extension,  modification  or change of route, other than a rapid transit
  route, and the proposed resolution authorizing the same shall have  been
  published  in  full  for at least fifteen days, except Sundays and legal
  holidays, immediately prior thereto in the City  Record,  and  at  least
  twice  in  two newspapers published in the borough or boroughs affected,
  to be designated by the board of estimate. Within sixty days  after  the
  copy   of   such   plans   and  conclusions  adopted  by  the  board  of
  transportation shall have first been received by such board of estimate,
  a final vote shall be taken thereon, by ayes and nays, according to  the
  number  of  votes  by law pertaining to each member of such board in the
  form of a vote upon a resolution to approve such plans  and  conclusions
  and  to  consent  to  the  construction  of  a  railroad  in  accordance
  therewith. The board of estimate within sixty days  shall  transmit  its
  written  consent  or refusal to the board of transportation.  The period
  of sixty days, however, may be extended by resolutions adopted  by  both
  such boards.
    b.  Upon  the  adoption of such a resolution by a majority vote of all
  the members of such board of estimate, according to the number of  votes
  by  law  pertaining to each member of any such board and the approval of
  the mayor, such plans and conclusions  shall  be  deemed  to  have  been
  finally consented to and adopted.
    c.  Upon  obtaining  the approval and consent of the board of estimate
  and the mayor, as above provided, the New York  city  transit  authority
  shall  publish  a notice of the intent of the authority to construct the
  railroad in accordance  with  the  route  and  general  plan  for  which
  approval  and  consent  of  the board of estimate and the mayor has been
  obtained, which notice shall be published for fifteen days in  the  city
  record  and  at  least twice in two newspapers of general circulation in
  the  borough  or  boroughs  affected.  Said  notice  shall   contain   a
  description  of the route of the railroad proposed to be constructed and
  a notice to abutting property owners setting forth the time within which
  such owners may file with the authority objections to  the  construction
  of said railroad. Such time shall be not less than ninety days after the
  first  publication  of  the  said notice in the city record and said two
  newspapers. An abutting property owner who fails within said  period  to
  file  with  the  authority  a verified objection setting forth a general
  description of his property, the  assessed  valuation  thereof  and  the
  grounds  for  the  objection,  shall  be deemed to have consented to the
  construction of the railroad in accordance with the  route  and  general
  plan  approved  and consented to by the board of estimate and the mayor.
  For the purposes of this chapter, the value of the property bounded on a
  route along which it is  proposed  to  construct  a  railroad  shall  be
  ascertained  and  determined  from  the  assessment  rolls  of the city,
  confirmed or completed last before the board of estimate and  the  mayor
  shall  have given their consent as above provided. In the event that the
  owners of less than one-half in value of the property bounded on  object
  within  the  time limited therefor to the construction of such railroad,
  the authority shall certify to the mayor and to the  board  of  estimate
  that  the notice provisions hereof have been complied with and that less
  than the owners of one-half in value of the  property  bounded  on  have
  duly filed objections, whereupon the authority may construct and operate
  the  said railroad.  In the event that the owners of one-half or more in
  value of the property bounded on shall within such period object to  the
  construction  of  the  railroad as in this section provided, consent for
  the construction of the said railroad shall be obtained  in  the  manner
  provided in paragraph d of this section.
    d.  In  the  event that the owners of one-half or more in value of the
  property bounded on any route file objections to the construction  of  a
  railroad  as  provided in paragraph c of this section, the New York city
  transit authority shall apply ex parte to the appellate division of  the
  supreme court in any department in which such railroad or a part thereof
  is to be constructed, for the appointment of a commissioner to determine
  and  report  after  due  hearing  whether  such  railroad  ought  to  be
  constructed. Such  appellate  division  shall  appoint  a  disinterested
  person  who shall act as a commissioner and such commissioner within ten
  days after his appointment  shall  cause  public  notice  of  his  first
  hearing  to be given in a manner directed by such appellate division and
  he may adjourn from time to time. After public hearing  of  all  parties
  interested  in  whether  such  railroad  ought  to  be  constructed such
  commissioner shall report the evidence taken to such appellate division,
  together with his recommendation  whether  such  railroad  ought  to  be
  constructed,  which  report  shall  be submitted for confirmation by the
  appellate division. Such report shall be made within  sixty  days  after
  the  appointment  of  such commissioner unless the court, for good cause
  shown, shall extend such time for an additional period of not to  exceed
  thirty  days.  If  such  appellate division determines that the railroad
  ought to be constructed the authority  may  proceed  to  construct  such
  railroad  in  accordance  with  the  route and general plan approved and
  consented to by the board of estimate and the mayor.
    e. No such city  shall  be  required  to  obtain  the  permission  and
  approval  of, or a certificate of public convenience and necessity from,
  the department of public service or any division thereof, to operate any
  surface railroad, unless the route of such railroad shall parallel  over
  the  major  portion  thereof  the  route  of  an  existing railroad, not
  publicly owned and less than three blocks distant therefrom.