Section 24-526. Conveyance of storm water from developments and lots and certain adjacent paved areas to off-site disposal points

(a)  Definitions. As used in this section:
    (1)  "Building  combined  sewer"  means  a  building sewer intended to
  convey all types of wastewater, subject to certain restrictions;
    (2) "Building sewer" means a sewer  consisting  of  the  part  of  the
  horizontal  piping  of  a drainage system that extends from the end of a
  building house  drain,  as  defined  in  section  P100.00  of  reference
  standard  RS-16  of  this code, to a street sewer or to another point of
  disposal. Building combined sewers and building storm sewers  are  types
  of building sewers;
    (3)  "Building storm sewer" means the part of the horizontal piping of
  a storm water drainage system that extends from a building  house  storm
  drain, as defined in section P100.00 of reference standard RS-16 of this
  code,  to a street storm sewer, a street combined sewer or another point
  of disposal;
    (4) "Catch basin" means a storm sewer inlet connected to a storm sewer
  or a combined sewer;
    (5) "Development" means a tract of land which has been subdivided into
  two or more lots, whether or not such tract has been developed as by the
  installation of any utilities or the  construction  of  any  streets  or
  buildings or other structures;
    (6)  "Lot"  means  a portion or parcel of land considered as a unit; a
  zoning lot;
    (7) "Owner" means a  person  in  whom  legal  or  equitable  title  to
  property  or  premises is vested, a mortgagee or vendee in possession of
  premises, as assignee of rents, a receiver  of  premises,  or  a  person
  listed as owner or agent for an owner on the records as to real property
  ownership maintained by the bureau of city collections of the department
  of  finance  unless  such  person  establishes  that  such  records  are
  erroneous or, if claiming that he or she  is  an  agent  of  the  owner,
  furnishes the identity of the owner;
    (8)   "Person"   means   a   natural   person,  company,  partnership,
  corporation, association,  governmental  body  or  other  legal  entity,
  including any individual or entity acting in a representative capacity;
    (9) "Private" means not public;
    (10)  "Public"  means  owned  by  the city and intended for use by the
  public, subject to restrictions which the city or agencies  thereof  may
  impose;
    (11) "Storm water" means rainwater or surface water;
    (12) "Street combined sewer" means a street sewer which is intended to
  receive  the  discharge  of  all types of wastewater, subject to certain
  restrictions, from one or more building sewers and catch basins  and  to
  convey  such  wastewater  to  an  intercepting  sewer,  a private sewage
  disposal system or some other point of disposal;
    (13) "Street sewer" means a sewer located in the bed of  a  street  or
  elsewhere  which  is intended to receive the discharge of all or certain
  types of wastewater from one or more building sewers and, in some cases,
  from catch basins, and to convey such wastewater to points of  disposal.
  Street  combined  sewers  and  street  storm  sewers are types of street
  sewers;
    (14) "Street storm sewer" means a street sewer which  is  intended  to
  receive  the  discharge  of  storm water from one or more building storm
  sewers and catch basins and to convey such storm water  to  a  point  of
  disposal; and
    (15)  "Tidal creek" means any creek where the level of water rises and
  falls with tidal action, or would do so if  not  impeded  by  artificial
  structures including but not limited to tide gates.

    (b)  Required  conveyance  of  storm  water for off-site disposal when
  public sewers into which discharge is feasible are located  within  five
  hundred  feet  of property. If the commissioner determines that a public
  street storm sewer or a public street combined sewer is  located  within
  five  hundred feet, measured along a street, alley or right-of-way, from
  any point on the boundary of a development or of  a  lot  which  is  not
  within  a  development  into which it would be feasible, as described in
  subdivision (g) of this section, to  discharge  storm  water  from  such
  development or lot:
    (1)  An  owner of a lot within such a development or of such a lot not
  within a development, who is constructing or causing to  be  constructed
  on   such   a   lot  a  single  one-family  or  two-family  detached  or
  semi-detached building, may dispose of the storm water falling or coming
  to rest  within  such  lot  which  is  required,  by  paragraph  two  of
  subdivision  (b)  of  section P110.2 of reference standard RS-16 of this
  code, to be conveyed to a boundary of such lot  abutting  a  street  for
  off-site  disposal, by causing such storm water to be discharged through
  an under-the-sidewalk drain or across a sidewalk  onto  a  paved  street
  improved  in  accordance  with  the  requirements  of  the department of
  transportation and containing curbs; provided that catch basins adequate
  to receive such storm water are located, or are installed in  accordance
  with  the  requirements  of this code and of the department, within five
  hundred feet from the farthest point of storm water discharge onto  such
  street;  provided  further  that  the  commissioner determines that such
  means of storm water disposal is feasible, as described  in  subdivision
  (g)  of  this  section,  and  also  provided  that  the  commissioner of
  buildings agrees with such determination.
    (2) An owner of a lot within such a development or of such a  lot  not
  within  a development who is constructing or causing to be constructed a
  building on such lot shall dispose of the storm water falling or  coming
  to rest on such lot which is required, by paragraph three of subdivision
  (b)  of  section  P110.2 of reference standard RS-16 of this code, to be
  conveyed to a boundary of  such  lot  abutting  a  street  for  off-site
  disposal,  except  as  provided in paragraph one of this subdivision, by
  conveying such storm water, together with all  storm  water  falling  or
  coming  to rest on all streets and other paved areas outside of such lot
  constructed or altered in  connection  with  the  construction  of  such
  building  for  the  primary purpose of improving vehicular or pedestrian
  access thereto, by sewers, constructed in accordance  with  requirements
  in subdivision (e) of this section and elsewhere in this code and of the
  department,  to  such  public  sewer;  provided  that no sewage shall be
  discharged into any such public street storm sewer. If installation of a
  controlled flow storm water system, in accordance with the  requirements
  of  section  P110.6  of this reference standard, is necessary to make it
  feasible to discharge such storm water into such public sewer, the owner
  of the lot shall install such a system.
    (c) Required conveyance of storm water for off-site disposal, prior to
  January first, nineteen hundred ninety-four, when no public sewers  into
  which  discharge  is  feasible  are  located within five hundred feet of
  property. The requirements set forth in this subdivision shall apply  to
  the  construction  of  all  new buildings for which new building permits
  have been filed prior to January first, nineteen hundred ninety-four. If
  the commissioner determines that no public street storm sewer or  public
  street  combined  sewer  is  located  within five hundred feet, measured
  along a street, alley or right-of-way, from any point on the boundary of
  a development or of a lot not contained in a development into  which  it
  would be feasible to discharge storm water from such development or such
  lot:

    (1)  An  owner of a lot within such a development or of such a lot not
  within a development who is constructing or causing to be constructed on
  such lot a one-family, two-family or three-family building,  where  more
  than  thirty  percent of the area being developed, exclusive of streets,
  shall  have  no structures and shall be unpaved, but which area may have
  not more than twenty percent of the floor area of all the structures  in
  the  development  devoted  to nonresidential uses, may dispose of all or
  some of the storm water falling or coming to rest  on  such  lot  which,
  pursuant  to  paragraph  three  of  subdivision (c) of section P110.2 of
  reference standard RS-16 of this code, is conveyed to a boundary of  the
  lot  abutting  a  street,  by  discharging  such  storm water through an
  under-the-sidewalk drain or  across  a  sidewalk  onto  a  paved  street
  improved  in  accordance  with  the  requirements  of  the department of
  transportation and containing curbs, provided that:
    (A) such person provides for the  installation  of  all  street  storm
  sewers  or  street  combined  sewers  and  catch  basins, constructed in
  accordance with the requirements in subdivision (e) of this section  and
  elsewhere  in  this  code and of the department, such that a catch basin
  adequate to receive such storm water,  together  with  all  storm  water
  falling  or  coming to rest on all streets and other paved areas outside
  of such lot constructed or altered in connection with  the  construction
  of  such  building  for  the  primary  purpose of improving vehicular or
  pedestrian access thereto, shall be located  within  five  hundred  feet
  from  the  farthest point of storm water discharge onto such street, and
  such that the street storm sewers or street combined sewers extend  from
  such  catch basin to a point of disposal described in paragraph three of
  this subdivision; the requirements of this subparagraph shall not  apply
  if  private catch basins and sewers meeting all the requirements of this
  subparagraph are already present; and
    (B) the  commissioner  determines  that  such  means  of  storm  sewer
  disposal  is  feasible, as described in subdivision (g) of this section,
  and the commissioner of buildings agrees with such determination.
    (2) An owner of a  development  which  shall  only  contain  buildings
  described  in  paragraph  four  of  subdivision (c) of section P110.2 of
  reference standard RS-16 of this code who conveys storm water falling or
  coming  to  rest  within  such  development  to  a  boundary   of   such
  development,  pursuant  to such paragraph, or an owner of a lot, whether
  or not within a development,  who  is  constructing  or  causing  to  be
  constructed  on  such  lot  a new building and who is required to convey
  storm water falling or coming to rest within such lot to a  boundary  of
  such  lot  abutting  a street, pursuant to paragraph five of subdivision
  (c) of section P110.2 of reference standard RS-16 of  this  code,  shall
  convey  such storm water, together with storm water falling or coming to
  rest on all streets and other paved areas outside of such development or
  lot which are constructed or altered in connection with the construction
  of such buildings or building  for  the  primary  purpose  of  improving
  vehicular  or  pedestrian  access thereto, from such boundary by sewers,
  constructed in accordance with the requirements in  subdivision  (e)  of
  this  section  and  elsewhere  in  this code and of the department, to a
  point of disposal described in paragraph three of this subdivision.
    (3) Points of disposal for storm water disposed of  pursuant  to  this
  subdivision are:
    (A) the New York Harbor, or a point on a tidal creek acceptable to the
  commissioner  as  an  adequate  storm  water  outlet; provided that only
  building storm  sewers  and,  if  necessary,  street  storm  sewers  are
  constructed  and  that  no  sewage  is  discharged  at  such  a point of
  disposal;  and  provided  that  such  outlets  shall  only  be  used  in
  compliance with applicable provisions of law;

    (B)  a  public  street  storm  sewer  or public street combined sewer,
  regardless of its distance from the property, to which the  commissioner
  determines  that  conveyance of storm water is feasible, as described in
  subdivision (g) of this  section,  provided  that  no  sewage  shall  be
  discharged into a street storm sewer; or
    (C)  an existing private street storm sewer or private street combined
  sewer to which the commissioner  determines  that  conveyance  of  storm
  water  is  feasible,  as  described  in subdivision (g) of this section;
  provided that such street sewer connects with a public street sewer  or,
  if  it  is  a private storm sewer, discharges directly into the New York
  harbor, or into a point on a tidal creek acceptable to the  commissioner
  as  an  adequate  storm  water  outlet,  in  accordance  with applicable
  provisions of  law;  and  provided  further  that  no  sewage  shall  be
  discharged into a street storm sewer.
    (d)  Required  conveyance  of storm water for off-site disposal, on or
  after January first, nineteen hundred ninety-four, when no public sewers
  into which discharge is feasible are located within five hundred feet of
  property. The requirements set forth in this subdivision shall apply  to
  the  construction  of  all  new buildings for which new building permits
  have been filed on or after January first, nineteen hundred ninety-four.
  If the commissioner determines that no  public  street  storm  sewer  or
  public  street  combined  sewer  is  located  within  five hundred feet,
  measured along a street, alley or right-of-way, from any  point  on  the
  boundary  of  a  development  or of a lot not contained in a development
  into which it would be feasible  to  discharge  storm  water  from  such
  development  or such lot, an owner of a lot within such a development or
  of such a lot not within a development who is constructing or causing to
  be constructed a building on such  lot  shall  dispose  of  storm  water
  falling  or  coming  to  rest within such lot, together with storm water
  falling or coming to rest on all streets and other paved  areas  outside
  of  such  lot  which  are  constructed or altered in connection with the
  construction of such building  for  the  primary  purpose  of  improving
  vehicular  or  pedestrian  access  thereto,  by  means acceptable to the
  commissioner and  the  commissioner  of  buildings,  including  but  not
  limited  to  those  set  forth  in  section  P110.13  of  this reference
  standard; provided, however, that such persons shall not be required  to
  construct  street  storm  sewers or street combined sewers for distances
  greater than seven hundred fifty feet.
    (e) Maximum required  capacity  for  street  storm  sewers  or  street
  combined  sewers  required by this section. The commissioner may require
  an owner of a lot or a development who is required by  this  section  to
  construct  street  storm  sewers  or street combined sewers to construct
  such sewers with a capacity not to exceed twenty-five percent above  and
  beyond  the capacity which the commissioner determines is needed for the
  disposal of storm water falling or  coming  to  rest  on  such  property
  together  with  storm water falling or coming to rest on all streets and
  other paved areas outside of such  property  which  are  constructed  or
  altered  in  connection with the construction of a building or buildings
  on such property for the  primary  purpose  of  improving  vehicular  or
  pedestrian   access  thereto.  The  department  reserves  the  right  to
  construct catch basins connected to such sewers at the cost and  expense
  of  the city, to alleviate flooding or ponding conditions, provided that
  the commissioner determines that the capacity of such sewers  shall  not
  be exceeded.
    (f)  Repair  of defects in catch basins and sewers required. Any owner
  of property who causes any catch basin or  any  sewer  which  shall  lie
  outside  of such property to be constructed pursuant to subdivision (b),
  (c) or (d) of this section shall cause all defects in such  catch  basin

  or  sewer and all faults in its installation to be repaired for a period
  of two  years  after  it  has  been  installed,  immediately  after  the
  department orders such person to do so.
    (g)  Feasibility  of discharging storm water into a street storm sewer
  or a street combined sewer. The commissioner shall  determine  that  the
  discharge  of storm water into a street storm sewer or a street combined
  sewer pursuant to this section is feasible if he or she finds that:
    (1) the sewer is of adequate capacity to receive all such storm  water
  or  would  be  adequate to receive it if the owner of property installed
  controlled flow storm water systems, in accordance with the requirements
  of section P110.6 of reference standard RS-16 of this code, to  restrict
  the  maximum  anticipated  storm  water  flow  to  a  level  set  by the
  commissioner;
    (2) the sewer is in adequate physical condition to receive such  storm
  water;
    (3)  no  physical  obstacle  which would make conveyance of such storm
  water to the sewer  impracticable  exists  between  the  sewer  and  the
  boundaries  of  the development or lot from which such storm water shall
  be discharged;
    (4) conveyance of such storm water to the sewer is  not  impracticable
  because  of the elevation of the sewer in relation to the development or
  lot from which such storm water shall be discharged;
    (5) the sewer is located in the same drainage area as all or  most  of
  the  development or lot from which such storm water shall be discharged;
  and
    (6) no other factor reasonably related to the conveyance of such storm
  water from such development or lot to the sewer would make the discharge
  of such storm water into the sewer impracticable  or  undesirable  as  a
  proper means of storm water disposal.
    (h) Time by which construction of the part of the storm water drainage
  system  required  by  this  section  shall be completed. The part of the
  storm water drainage system for property required by this section  shall
  be  completed prior to the issuance of a certificate of occupancy by the
  department of buildings for, and actual occupancy of,  the  building  in
  connection  with  which  such  storm  water  drainage  system  is  being
  constructed.
    (i) Performance bond, license and insurance required. If an  owner  of
  property  is  required to construct or repair defects in catch basins or
  sewers which shall lie outside of such property, in connection with  the
  construction of a new building pursuant to this section, he or she shall
  provide the department with:
    (1)   a  performance  bond  or  other  security  satisfactory  to  the
  department and approved as to form by the law department of the city for
  the full cost, as estimated by the department, of  performing  all  such
  construction and repair work;
    (2)  any license or other written instrument which the commissioner or
  the law department of the city may reasonably request  which  gives  the
  department,  its agents and contractors and the surety for a performance
  bond described in paragraph one of this subdivision the legal  right  to
  enter  private  property  to  perform such construction and repair work,
  pursuant to the terms of the performance bond or in accordance with  the
  conditions of acceptance of other security described in paragraph one of
  this  subdivision,  and  the  legal right to connect to, to extend or to
  discharge storm water into any private sewer authorized as  a  point  of
  disposal pursuant to paragraph three of subdivision (c) of this section,
  in  the  event  that the owner of property fails to do so as required by
  this section; and

    (3) insurance of a kind and in an amount which  the  commissioner  and
  the  law  department  of  the  city deem satisfactory to insure the city
  fully for all risks of loss, damage to property or injury to or death of
  persons to whomever occurring arising out of or in connection  with  the
  performance of such sewer construction and repair work.
    (j)  Contractual obligations of the city not abrogated. The provisions
  of this section shall not be construed to  abrogate  or  contravene  any
  contractual  obligation  of  the  city to construct storm water drainage
  systems or parts thereof. The requirements  of  subdivisions  (b),  (c),
  (d),  (f)  and  (i) of this section shall be inapplicable to an owner of
  property insofar as they relate to any construction work required to  be
  performed by the city pursuant to such a contractual obligation.
    (k)   Determination  by  the  board  of  standards  and  appeals.  Any
  determination made by the board of standards and appeals with  reference
  to  the  disposal  of storm water, pursuant to the provisions of section
  27-160 and section P110.2 of reference  standard  RS-16  of  this  code,
  shall be binding upon the department for the purposes of the enforcement
  and administration of this section.