New York Water Front Plans.
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§ 1302. Water front plans. a. No marginal street, bulkhead line,
pierhead line or other similar line demarcating the extent of waterfront
development may be delineated, established or changed by the
commissioner except in accordance with sections one hundred ninety-eight
and one hundred ninety-nine of this charter. Any existing waterfront
plan containing such lines shall be continued in effect and may
similarly be changed only in accordance with sections one hundred
ninety-eight and one hundred ninety-nine. The commissioner may apply to
the city planning commission to incorporate such existing plans for the
water front or any portion thereof into the city map pursuant to the
procedure for review and approval of a change to the city map. Any plans
for the water front or portions thereof so incorporated shall thereafter
be discontinued as separate plans.
b. No wharf, pier, bulkhead, basin, dock, slip, marginal street or
other structure shall be laid out, built, or rebuilt in the port of New
York in the area subject to the jurisdiction of the commissioner except
in accordance with such plans as changed from time to time, provided,
that the commissioner, with the approval of the council, may from time
to time change the width or location of any of the piers laid down on
such plans and build or rebuild temporary wharf structures or license or
permit the building or rebuilding thereof as may be provided by law.
c. The commissioner may widen, open, construct, abandon or close any
marginal street or avenue included in such plans and shall maintain the
widened portion of such street or avenue, or the new street or avenue as
a marginal street, and such new street, or such a widened street to the
extent of the portion so widened, shall not be a public street. Before
acting under this subdivision, the commissioner shall make a report to
the city planning commission including a map showing any proposed change
and such other information as the chair of the city planning commission
shall require. If the city planning commission makes a finding that the
proposed change is in accordance with the water front plan or approves
the change, the commissioner may proceed with it, but if the city
planning commission makes a finding that it is not in accordance with
such plan and disapproves the change, then the commissioner shall not
proceed unless the council by a two-thirds vote authorizes the
commissioner to proceed. The city planning commission shall act on such
change within six weeks from the time when it is filed in the office of
the commission and if it does not act within such six weeks period the
commissioner may proceed with the change.