(1) Areaways. No areaway shall be constructed
unless:
(a) a building permit has been obtained;
(b) it is
covered with fixed iron gratings and is not enclosed by a
railing;
(c) it does not project beyond the street line more than
one-quarter of the width of the sidewalk, nor more than 3 feet in any
case.
(2) Coal Holes. No coal hole shall be constructed
unless:
(a) a building permit has been obtained;
(b) the
outside edge of the frame of the coal hole does not project more than 3 feet
beyond the street line.
(3) Footings.
(a) No footings of walls
and piers shall project beyond the street line on streets used or proposed to be
used for subways, elevated railways or other public improvements necessitating
use of the bed of the street.
(b) On streets other than those in §
11-608(3)(a), the Department of Licenses and Inspections may allow a projection
of not more than 3 feet if a building permit has been
obtained.
(.1) Such a building permit shall be conditioned upon and
shall contain the express provision that, in the event of any future public
improvements necessitating the reclaiming of the bed of the street, the footing
shall be removed by the permittee at his
expense.
[75] (4) Vaults Under the
Streets.
[76] (a) No vault shall be dug
within street lines unless a permit has been obtained from the Department of
Licenses and Inspections.
(b) No permit for digging and constructing a
vault within street lines shall be granted unless the proposed vault conforms to
the provisions of this Section and to the regulations of the Department of
Streets.
(c) The Department of Streets may promulgate regulations
governing the digging and construction of vaults within street
lines.
(d) No vault shall extend beyond the curb line and the outside
top shall not be less than 4 feet below the established grade of the sidewalk
above the vault.
[77] (e) The owners of
the sidewalk under which a vault is to be dug shall enclose all fire plugs
located on the premises so as to give them sufficient support and protect them
from freezing. In case of injury to the fire plug caused by lack of proper
precautions, the owner of the premises shall be responsible for all
damages.
[78] (f) The fee for a permit
to dig and construct a vault is $5. per front foot for vaults built 3 feet or
more from the curb line and $25. per front foot for vaults built less than 3
feet from the curb line.
(5) Openings into Pedestrian
Concourses.
[79] (a) License.
(.1) No
person may make any opening into pedestrian concourses from properties which
abut or are adjacent to the concourse unless a license has been obtained from
the Department of Licenses and Inspections.
(.2) No license for an
opening into the concourse shall be granted unless the proposed opening conforms
to the requirements of this section, regulations of the Department of Public
Property and the Department of Streets, and all other ordinances or regulations
of the City.
(.3) The license fee for constructing an opening into the
concourse shall be one hundred (100) dollars.
(b) Duties and
Obligations.
(.1) Licensee may use the opening for the pedestrian
ingress and egress but not for the handling or receipt of fuel, merchandise in
bulk, ashes or waste of any kind nor for any other purpose not specifically
authorized.
(.2) Licensee shall, at his sole cost and expense,
illuminate, maintain and perform all necessary repairs to the
opening.
(.3) Licensee may construct and maintain show windows, doors
and other display openings into the concourse. All plans and specifications for
construction shall be submitted for written approval or disapproval of the
Commissioner of Public Property prior to the issuance of a building permit to do
the work. All show windows, doors and other display openings shall be kept
clean, in good order and repair.
(.4) Licensee shall repair all damage
resulting from the construction of the opening into the existing concourse
structures, underground City utilities, concrete footway and base course, and
all other existing appurtenances.
(.5) Licensee shall furnish public
liability insurance against any damage or claims for damage arising out of the
operation, maintenance, repair and construction of any windows, doors and other
display openings into the concourse. All insurance shall be in form, content and
amount satisfactory to the City Solicitor and shall name the City as a named
insured.
(.6) The Commissioner of Public Property and the Streets
Commissioner may decide in their sole judgment to terminate the license because
the opening is contrary to the public interest or that licensee has failed to
comply with any requirements of this section. Within ninety (90) days after
written notice of this decision from the City, licensee shall close the opening
in the concourse and restore the concourse to its original
condition.
(.7) No authorization granted under this ordinance shall be
effective until the licensee enters into an agreement to comply with the terms
of this ordinance, together with a bond with corporate surety in an amount
determined by the City Solicitor to secure performance of the conditions of his
license.