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This entry was published on 2014-09-22
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SECTION 22
Detailed plans; sub-surface structures
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 3
§ 22. Detailed plans; sub-surface structures. a. When the consents of
the board of estimate, the mayor and the property owners, or, in lieu
thereof, the authorization of such appellate division of the supreme
court upon the report of commissioners, shall have been obtained, the
board of transportation shall at once proceed to prepare detailed plans
and specifications for the construction of such railroad in accordance
with the general plan of construction, including all devices and
appurtenances. Such board, in its discretion, may include in such plans
provisions for sub-surface structures, whenever necessary so to do, in
order to permit the proper construction of any railroad herein provided
for in accordance with the plans and specifications of the board of
transportation or for any other purpose in furtherance of the public
interest or convenience.

b. The board of transportation, from time to time, may alter such
detailed plans and specifications, but always so that the same shall
accord with the general plan of construction; but whenever a contract
shall have been made for the construction of any railroad herein
provided for, no such alteration shall be made by such board without the
consent of the contractor and his sureties, except as liberty shall have
been reserved in such contract by such board for such alteration.

c. Whenever the construction of any railroad, depressed way, subway or
tunnel under the provisions of this chapter shall interfere with,
disturb or endanger any duly authorized sub-surface structures, the work
of construction at such points shall be conducted in accordance with the
reasonable requirements of the agency of the city having the care of and
the jurisdiction or control over such sub-surface structures so
interfered with, disturbed or endangered.

d. Where, under the direction of the board of transportation or in
pursuance of any general plan adopted or of any contract made by such
board, galleries, ways, subways or tunnels shall be constructed to
contain sub-surface structures, such galleries, ways, subways or tunnels
shall be maintained by such city and shall be in the care and charge of
the board of transportation and subject to such regulations as it shall
prescribe not inconsistent with the provisions of this chapter. Any
revenue derived therefrom shall be paid into the treasury of such city,
except that where bonds shall have been issued to provide for the cost
of construction or equipment of such railroads, such amounts shall be
paid into the sinking fund of the city, if there be one, or if not then
into the sinking fund to be established and created out of the annual
rentals of such road, as provided in section thirty-four of this
chapter. Provided, however, that any person who or which at the time of
the construction of such galleries, ways, subways, or tunnels shall own
sub-surface structures in a street in which such galleries, ways,
subways or tunnels shall be constructed pursuant to this chapter, shall
be entitled to the use of such galleries, ways, subways or tunnels for
such sub-surface structures in the same manner as such person shall be
entitled by law to the use of such street, and that no rent shall be
charged for such use, except a reasonable charge to defray the actual
cost of maintenance, unless such sub-surface structures shall be of
greater capacity than those theretofore owned by such person in such
street.

e. If the capacity of any such sub-surface structure, so placed in
such gallery, way, subway or tunnel shall be increased, the rent shall
be charged only for such increased capacity. The placing in any such
galleries, ways, subways or tunnels of the sub-surface structures of any
person owning such structures for electrical conductors, shall not in
any wise affect the right of such person to charge and demand such
compensation or rent for the use of such structures by other persons as
is, or may be, permitted by law.

f. Nothing in this chapter shall be construed as granting, enlarging,
changing, or in any manner validating any right, privilege or franchise,
or any claimed or alleged right, privilege or franchise, to maintain,
operate, or possess any sub-surface structures in any street.