N.Y. Rapid Transit Law § 22: Detailed plans; sub-surface structures

§ 22. Detailed plans; sub-surface structures. a. When the consents of

the board of estimate, the mayor and the property owners, or, in lieu

thereof, the authorization of such appellate division of the supreme

court upon the report of commissioners, shall have been obtained, the

board of transportation shall at once proceed to prepare detailed plans

and specifications for the construction of such railroad in accordance

with the general plan of construction, including all devices and

appurtenances. Such board, in its discretion, may include in such plans

provisions for sub-surface structures, whenever necessary so to do, in

order to permit the proper construction of any railroad herein provided

for in accordance with the plans and specifications of the board of

transportation or for any other purpose in furtherance of the public

interest or convenience.

b. The board of transportation, from time to time, may alter such

detailed plans and specifications, but always so that the same shall

accord with the general plan of construction; but whenever a contract

shall have been made for the construction of any railroad herein

provided for, no such alteration shall be made by such board without the

consent of the contractor and his sureties, except as liberty shall have

been reserved in such contract by such board for such alteration.

c. Whenever the construction of any railroad, depressed way, subway or

tunnel under the provisions of this chapter shall interfere with,

disturb or endanger any duly authorized sub-surface structures, the work

of construction at such points shall be conducted in accordance with the

reasonable requirements of the agency of the city having the care of and

the jurisdiction or control over such sub-surface structures so

interfered with, disturbed or endangered.

d. Where, under the direction of the board of transportation or in

pursuance of any general plan adopted or of any contract made by such

board, galleries, ways, subways or tunnels shall be constructed to

contain sub-surface structures, such galleries, ways, subways or tunnels

shall be maintained by such city and shall be in the care and charge of

the board of transportation and subject to such regulations as it shall

prescribe not inconsistent with the provisions of this chapter. Any

revenue derived therefrom shall be paid into the treasury of such city,

except that where bonds shall have been issued to provide for the cost

of construction or equipment of such railroads, such amounts shall be

paid into the sinking fund of the city, if there be one, or if not then

into the sinking fund to be established and created out of the annual

rentals of such road, as provided in section thirty-four of this

chapter. Provided, however, that any person who or which at the time of

the construction of such galleries, ways, subways, or tunnels shall own

sub-surface structures in a street in which such galleries, ways,

subways or tunnels shall be constructed pursuant to this chapter, shall

be entitled to the use of such galleries, ways, subways or tunnels for

such sub-surface structures in the same manner as such person shall be

entitled by law to the use of such street, and that no rent shall be

charged for such use, except a reasonable charge to defray the actual

cost of maintenance, unless such sub-surface structures shall be of

greater capacity than those theretofore owned by such person in such

street.

e. If the capacity of any such sub-surface structure, so placed in

such gallery, way, subway or tunnel shall be increased, the rent shall

be charged only for such increased capacity. The placing in any such

galleries, ways, subways or tunnels of the sub-surface structures of any

person owning such structures for electrical conductors, shall not in

any wise affect the right of such person to charge and demand such

compensation or rent for the use of such structures by other persons as

is, or may be, permitted by law.

f. Nothing in this chapter shall be construed as granting, enlarging,

changing, or in any manner validating any right, privilege or franchise,

or any claimed or alleged right, privilege or franchise, to maintain,

operate, or possess any sub-surface structures in any street.