2023 New York Laws › RAT - Rapid Transit › Article 3 - Determination of Necessity for Railroads and Approval of Routes › 22 - Detailed Plans; Sub-Surface Structures.

§ 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.