Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 24. ENVIRONMENTAL PROTECTION AND UTILITIES |
Chapter 5. DRAINAGE AND SEWER CONTROL |
Section 24-508. Construction of sewers by the owners of private property
Latest version.
-
a. The owners of private property at their cost and expense and in accordance with the provisions of section two hundred twenty-nine of the charter may construct sewers in the streets of the city by filing with the commissioner of environmental protection: 1. Plans and specifications of such sewer; 2. A duplicate copy of the contract for such construction, showing the cost thereof; and 3. A satisfactory guarantee to such commissioner of payment of the expense of supervision of such construction. Upon his or her approval of such plans, specifications and contract, the commissioner shall issue his or her permit for the construction of the proposed sewer. b. The commissioner of environmental protection thereupon shall file copies of the documents listed in subdivision a with the department of city planning, which shall forward a copy within five days to the community board for the community district in which the property is located, and to the appropriate borough board if the plans involve land located in two or more community districts. Such commissioner shall apportion the cost of construction, according to actual benefit, between the several parcels of property abutting on each side of that part of the street through which the sewer is to be constructed. c. Until title to such sewer vests in the city of New York, as hereinafter provided, the commissioner of environmental protection shall grant permits for connection with such sewer only to those owners or occupants of the property abutting on that part of the street in which such sewer has been laid who shall prove payment to the party or parties who constructed and paid for such sewer of their proportionate part of the cost and expense shall be paid without the addition of any interest charge. At such time as title to any such sewer shall vest in the city, owners or occupants of the property abutting on that part of the street in which such sewer has been laid who have not requested permission to connect with such sewer, and who have not made payment to the party or parties who constructed and paid for such sewer, shall have the right to connect with such sewer without payment of any part of the cost and expense of such sewer. d. Except for the purpose of supervision, maintenance and use by the city in connection with its public sewer system, such sewer shall be deemed the private property of the parties or party who shall have paid for its construction. When the owners of all the property abutting on that part of the street in which any such sewer has been laid shall have paid their several shares of the cost of its construction, or when a period of seven years from the time of issuance of the permit pursuant to subdivision a hereof has elasped, whichever is earlier, it shall be the property of the city. The city in no event shall be liable for any part of the cost and expense of construction of any such sewer. e. It shall be unlawful for any person to represent to any prospective purchaser of property that a sewer constructed in any street is a city sewer unless such sewer shall have been constructed by the city in accordance with the legally adopted drainage plan of the city and/or accepted as a public sewer in accordance with the provisions of the code.