2006 New York Code - Approvals By The Commission.

 
    §  854.  Approvals  by the commission.   a. The term "works of art" as
  used in  this  chapter  shall  apply  to  and  include  all  sculptures,
  paintings,  mural decorations, mosaics, stained glass, statues, carvings
  or  castings  in  high  or  low  relief,  inscriptions,  monuments,  and
  fountains  installed  or  erected  or to be installed or erected upon or
  over land belonging to the city whether the works of art be the property
  of the  city  itself  or  of  an  institution,  corporation  or  private
  individual,  and  whether intended for ornament, commemoration or actual
  use.
    b. The term "structure" as used in this chapter  shall  apply  to  and
  include all buildings, walks, bridges and viaducts and their approaches,
  exterior  walls,  arches,  docks,  piers, gates, fences, steps, curbing,
  distinctive pavings, benches, lamps, posts, traffic signals, and signage
  other than  signage  guiding,  directing  or  otherwise  regulating  and
  controlling  traffic  erected  pursuant  to  chapter  seventy-one of the
  charter.
    c. On request or on its own initiative, the art commission may consult
  with and advise any such agency as to  the  suitability  of  preliminary
  plans  for  any  work  of art under consideration for acquisition or the
  design  or  location  of  any  work  of  art  or  any  structure   under
  consideration  for  installation or erection in, on or over any property
  of the city.
    d. No work of art shall hereafter become the property of the  city  by
  gift  or  otherwise,  or  be  purchased,  commissioned,  contracted for,
  accepted, erected or placed in or upon any public building,  or  allowed
  to  be  placed  on  or  extend  into  or over any public street, avenue,
  highway, square, park, dock or pier or other public place  belonging  to
  the  city,  unless such work of art or a design of the same, accompanied
  by a specification and an estimate of the cost thereof, a  plan  showing
  its  proposed  location,  and,  if  the commission deems it necessary or
  desirable, also a model, and any other pertinent information as  may  be
  required  by  the  commission  including  a  plan  in such detail as the
  commission may require for  the  maintenance  or  conservation  thereof,
  shall  first  have been submitted to the commission by the agency having
  jurisdiction, and such work of art or the design thereof, its  location,
  and  the  plan  for  its  maintenance  or  conservation, shall have been
  approved in  writing  by  the  commission.  The  commission  shall  have
  authority  to bar final payment for the purchase or erection of any such
  work of art if the president or executive  director  of  the  commission
  certifies  that  the work of art has not been completed substantially in
  accordance with the approval of the commission.
    e. No structure, except as provided in subdivision f or  h,  shall  be
  erected  or placed upon land belonging to the city, and no arch, bridge,
  structure or approach which  is  the  property  of  any  corporation  or
  private  individual  shall  extend  over  or  upon  any  street, avenue,
  highway, park or public place belonging to the city, and no  new  lines,
  grades  or  plotting  or  layout  of  public  ways  and grounds shall be
  accepted or work  in  pursuance  thereof  commenced  unless  the  design
  thereof,  accompanied  by  an  estimate  of  cost and a plan showing the
  proposed location, shall have been submitted to the commission  and  the
  design, and in the case of a building or other structure its location in
  relation  to  existing  or projected developments in the vicinity, shall
  have been approved in writing by it. If exterior  wall,  fences,  gates,
  steps,  curbing,  distinctive  paving,  benches,  lamps, posts, signage,
  traffic signals or other structures of the  same  type  and  design  are
  considered  for  installation  at  various locations, the commission may
  approve the type and design with  specifications  as  to  the  types  of
  location for which they would be approved as suitable without passing on


  each  individual  installation.   In addition, replacements-in-kind need
  not be approved by the  commission.    The  commission  shall  have  the
  authority  to  bar  final payment for such structure, or for such lines,
  grades or plotting or layout of public ways and grounds if the president
  or  executive director of the commission certifies that the work has not
  been erected or placed substantially in accordance with the approval  of
  the commission.
    f.  In  the  case of any building or other structure that is part of a
  construction or other project, where the total estimated  cost  of  such
  project  shall  not  exceed  one  million  dollars,  the approval of the
  commission pursuant to this section shall not be required if  the  mayor
  or  the  council  shall  in  writing  request the commission not to act.
  Nothing in this section shall be construed as  intended  to  impair  the
  concurrent  power  of the commissioner of parks and recreation to refuse
  his or her consent to the erection or acceptance of any public  monument
  or  memorial  or other work of any sort within any park, square or other
  public place under his jurisdiction.
    g. Designs for all works of art or structures intended  for  temporary
  use  in a fixed location during a period of more than one year, shall be
  subject to the same forms of procedure as those  adopted  for  permanent
  use;  but  the  approval  of  such  designs  shall be for a period to be
  determined by the commission, not to exceed three years, after which the
  commission shall either extend the period or order the  removal  of  the
  work of art or structure.
    h.  Notwithstanding  any inconsistent provision of this chapter, if an
  approval of a structure  pursuant  to  subdivision  e  of  this  section
  primarily  concerns  a  landmark,  landmark  site, landmark interior, an
  existing building within a scenic  landmark,  or  an  action  within  an
  historic  district,  and  also requires a report or determination by the
  landmarks preservation commission pursuant to  chapter  three  of  title
  twenty-five of the administrative code of the city of New York, then, in
  that  event, the powers and duties of the art commission with respect to
  such structures pursuant to such subdivision e and subdivisions f and  g
  of this section shall instead be exercised by the landmarks preservation
  commission  pursuant to its own rules and procedures. If such commission
  shall fail to take action upon any matter legally submitted to it within
  sixty  days  after  such  submission,  its  action   shall   be   deemed
  unnecessary.    Any  action  taken  by  such commission pursuant to this
  subdivision shall be filed with the art commission.