§ 22 — Detailed plans; sub-surface structures

§ 22. Detailed plans; sub-surface structures. a. When the consents of\nthe board of estimate, the mayor and the property owners, or, in lieu\nthereof, the authorization of such appellate division of the supreme\ncourt upon the report of commissioners, shall have been obtained, the\nboard of transportation shall at once proceed to prepare detailed plans\nand specifications for the construction of such railroad in accordance\nwith the general plan of construction, including all devices and\nappurtenances. Such board, in its discretion, may include in such plans\nprovisions for sub-surface structures, whenever necessary so to do, in\norder to permit the proper construction of any railroad herein provided\nfor in accordance with the plans and specifications of the board of\ntransportation or for any other purpose in furtherance of the public\ninterest or convenience.\n b. The board of transportation, from time to time, may alter such\ndetailed plans and specifications, but always so that the same shall\naccord with the general plan of construction; but whenever a contract\nshall have been made for the construction of any railroad herein\nprovided for, no such alteration shall be made by such board without the\nconsent of the contractor and his sureties, except as liberty shall have\nbeen reserved in such contract by such board for such alteration.\n c. Whenever the construction of any railroad, depressed way, subway or\ntunnel under the provisions of this chapter shall interfere with,\ndisturb or endanger any duly authorized sub-surface structures, the work\nof construction at such points shall be conducted in accordance with the\nreasonable requirements of the agency of the city having the care of and\nthe jurisdiction or control over such sub-surface structures so\ninterfered with, disturbed or endangered.\n d. Where, under the direction of the board of transportation or in\npursuance of any general plan adopted or of any contract made by such\nboard, galleries, ways, subways or tunnels shall be constructed to\ncontain sub-surface structures, such galleries, ways, subways or tunnels\nshall be maintained by such city and shall be in the care and charge of\nthe board of transportation and subject to such regulations as it shall\nprescribe not inconsistent with the provisions of this chapter. Any\nrevenue derived therefrom shall be paid into the treasury of such city,\nexcept that where bonds shall have been issued to provide for the cost\nof construction or equipment of such railroads, such amounts shall be\npaid into the sinking fund of the city, if there be one, or if not then\ninto the sinking fund to be established and created out of the annual\nrentals of such road, as provided in section thirty-four of this\nchapter. Provided, however, that any person who or which at the time of\nthe construction of such galleries, ways, subways, or tunnels shall own\nsub-surface structures in a street in which such galleries, ways,\nsubways or tunnels shall be constructed pursuant to this chapter, shall\nbe entitled to the use of such galleries, ways, subways or tunnels for\nsuch sub-surface structures in the same manner as such person shall be\nentitled by law to the use of such street, and that no rent shall be\ncharged for such use, except a reasonable charge to defray the actual\ncost of maintenance, unless such sub-surface structures shall be of\ngreater capacity than those theretofore owned by such person in such\nstreet.\n e. If the capacity of any such sub-surface structure, so placed in\nsuch gallery, way, subway or tunnel shall be increased, the rent shall\nbe charged only for such increased capacity. The placing in any such\ngalleries, ways, subways or tunnels of the sub-surface structures of any\nperson owning such structures for electrical conductors, shall not in\nany wise affect the right of such person to charge and demand such\ncompensation or rent for the use of such structures by other persons as\nis, or may be, permitted by law.\n f. Nothing in this chapter shall be construed as granting, enlarging,\nchanging, or in any manner validating any right, privilege or franchise,\nor any claimed or alleged right, privilege or franchise, to maintain,\noperate, or possess any sub-surface structures in any street.\n