New York Revocable Consents.
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§ 364. Revocable consents. a. A revocable consent shall not be
granted for a use that would interfere with the use of inalienable
property of the city for public purposes, nor shall a revocable consent
be granted for a purpose for which a franchise may be granted.
b. All revocable consents shall be revocable at any time by the
responsible agency, shall be granted for a fixed term, and shall provide
for adequate compensation to be annually provided to the city during the
continuance of the consent.
c. Revocable consents, other than for telecommunications purposes, may
be granted by the department of transportation with respect to property
under its jurisdiction or by such other agency as may be authorized by
law to grant revocable consents. Revocable consents for
telecommunications purposes may be granted by the department of
information technology and telecommunications. All revocable consents
shall require the approval of the department of transportation.
d. Every petition for the grant of a revocable consent shall be filed
with the department of transportation. Each petition shall state the
location of the proposed revocable consent and shall be in such form and
contain such other information as the department of transportation and
other responsible agencies, if any, shall require by rule. Petitions for
each type of revocable consent shall be distributed to and reviewed by
the agencies required to do so by local law or executive order of the
mayor. If, in the judgment of the department of city planning, a
proposed revocable consent has land use impacts or implications, the
petition for the proposed revocable consent shall be subject to review
and approval pursuant to section one hundred ninety-seven-c and section
one hundred ninety-seven-d.
e. Notwithstanding any provision of this charter or the
administrative code, revocable consents to construct and operate
sidewalk cafes shall be reviewed pursuant to subchapter six of chapter
two of title twenty of the administrative code.