Section 1302. Water front plans  


Latest version.
  • a. No marginal street, bulkhead line,
      pierhead line or other similar line demarcating the extent of waterfront
      development  may  be  delineated,  established   or   changed   by   the
      commissioner except in accordance with sections one hundred ninety-eight
      and  one  hundred  ninety-nine  of this charter. Any existing waterfront
      plan containing  such  lines  shall  be  continued  in  effect  and  may
      similarly  be  changed  only  in  accordance  with  sections one hundred
      ninety-eight and one hundred ninety-nine.  The commissioner may apply to
      the city planning commission to incorporate such existing plans for  the
      water  front  or  any  portion thereof into the city map pursuant to the
      procedure for review and approval of a change to the city map. Any plans
      for the water front or portions thereof so incorporated shall thereafter
      be discontinued as separate plans.
        b. No wharf, pier, bulkhead, basin, dock,  slip,  marginal  street  or
      other  structure shall be laid out, built, or rebuilt in the port of New
      York in the area subject to the jurisdiction of the commissioner  except
      in  accordance  with  such plans as changed from time to time, provided,
      that the commissioner, with the approval of the council, may  from  time
      to  time  change  the width or location of any of the piers laid down on
      such plans and build or rebuild temporary wharf structures or license or
      permit the building or rebuilding thereof as may be provided by law.
        c. The commissioner may widen, open, construct, abandon or  close  any
      marginal  street or avenue included in such plans and shall maintain the
      widened portion of such street or avenue, or the new street or avenue as
      a marginal street, and such new street, or such a widened street to  the
      extent  of  the portion so widened, shall not be a public street. Before
      acting under this subdivision, the commissioner shall make a  report  to
      the city planning commission including a map showing any proposed change
      and  such other information as the chair of the city planning commission
      shall require. If the city planning commission makes a finding that  the
      proposed  change  is in accordance with the water front plan or approves
      the change, the commissioner may  proceed  with  it,  but  if  the  city
      planning  commission  makes  a finding that it is not in accordance with
      such plan and disapproves the change, then the  commissioner  shall  not
      proceed   unless  the  council  by  a  two-thirds  vote  authorizes  the
      commissioner to proceed. The city planning commission shall act on  such
      change  within six weeks from the time when it is filed in the office of
      the commission and if it does not act within such six weeks  period  the
      commissioner may proceed with the change.