N.Y.C. Admin. Code § BC 3201: Section BC 3201: General

3201.1 Scope.

The provisions of this chapter shall govern the encroachment of structures into the public right-of-way.

3201.1.1 Encroachments removable.

All encroachments permitted beyond the street line by the provisions of this chapter shall be constructed so that they may be removed at any time without endangering the structural safety or fire safety of the building except that footings as permitted under Section 3202.1.1 of this code need not be removable.

3201.2 Measurement.

The projection of any structure or portion thereof shall be the distance measured horizontally from the lot line to the outermost point of the projection.

3201.3 Other laws.

The provisions of this chapter shall not be construed to permit the violation of other laws regulating the use and occupancy of public property.

3201.3.1 Restrictions on construction and projections on certain streets, parkways, boardwalks and beaches.

Notwithstanding the provisions of this chapter, it shall be unlawful to build, erect, or make areaways, steps or other encroachments or projections prohibited by Sections 19-131, 19-132, 19-135, 18-109, 18-112 and 18-113 of the Administrative Code.

3201.4 Drainage.

Drainage water collected from a roof, awning, canopy or marquee, other than canvas and flexible material, and condensate from mechanical equipment shall not flow over a public walking surface.

3201.5 Permission revocable.

Any permission, expressed or implied, permitting the construction of encroachments within the area of the street under the provisions of this chapter shall be revocable, except footings as permitted under Section 3202.1.1.

3201.6 Existing projections.

Any part of a building that projects beyond a street line on January 1, 1938 may be maintained as constructed until its removal is directed in accordance with applicable law.

3201.7 Alteration of existing encroachments.

Alterations to existing encroachments beyond the street line may be permitted in whole or in part, provided that such alterations conform with the requirements of this chapter.

3201.7.1 Fences, guards and railings.

Elements of existing fences, guards and railings shall not be increased in height, thickness, spacing or opacity.

Exceptions:

1. Fences, guards and railings that are required to comply with other requirements of this code, including Chapters 10 and 16.

2. Buildings or structures designated by the Landmarks Preservation Commission, where such fences, guards or railings are approved by the Landmarks Preservation Commission.

3201.8 Definitions.

The following terms are defined in Chapter 2:

AREAWAY.

CURB LINE.

FOOTING.

PROJECTING SIGN.

SIGN.

STREET.

STREET LINE.

VAULT.

3201.9 Department of Transportation approval.

Any encroachment into the public right-of-way that exceeds the limitation provided for in this chapter shall require the approval of the Department of Transportation.