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Open Restaurants Zoning Text Amendment
Posted on: www.cb14brooklyn.com |
Managing Agency: NYC Department of Transportation
Location: Citywide
Project Description: A permanent Open Restaurants program, managed by NYC DOT, to allow restaurants to use the sidewalk adjacent and curbside roadway space in front of their businesses for outdoor dining.
Status: Pending
Due to the success of the emergency Open Restaurants Program during COVID-19, New York City is working to create a permanent Open Restaurants program. This program will be managed by NYC DOT and allow restaurants to use the sidewalk adjacent and curbside roadway space in front of their businesses for outdoor dining. In order to make this program permanent, the laws that control outdoor dining in non-emergency situations must be changed.NYC Permanent Open Restaurants Program Brochure (pdf)
Vision for Permanent Program
- NYC DOT will administer both the sidewalk and roadway café programs through a streamlined application process
- Allow for outdoor dining on the sidewalk and in the curbside roadway space
- Available citywide
- Detailed, upfront design guidance based on the design guidelines outreach process
- Both sidewalk and roadway seating require license agreement
- Full NYC DOT enforcement unit to enforce roadway structures, ADA Compliance, clear path, and amplified noise devices
- Continued coordination with other city agencies on enforcement and rules
Timeline
There are many legal changes required to making this program permanent.
Estimated Timeframe
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Milestones
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---|---|
Fall 2021 to Fall 2022 |
Legal Actions Take Place (i.e. amendment to zoning text, changes to local law, rulemaking, design, and application details)
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Winter 2022 |
Permanent Program Application Opens
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2023 |
Permanent Program Launches
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Public Outreach
NYC DOT and the Department of City Planning (DCP) will be embarking on a six-month outreach program engaging with New Yorkers to inform the future design rules for the permanent Open Restaurants program. In-Person and remote roundtables will take place throughout this fall and winter. These discussions will offer opportunities for New Yorkers to share their thoughts on how Open Restaurant structures should be designed to ensure that the final program rules balance creativity, feasibility and cost as they seek to enhance comfort and safety for all New Yorkers. Specifics and updates on these sessions will be posted below.
Five Borough Board Meetings
NYC DOT and DCP will present to each of the five boroughs at Borough Board or Service Cabinet Meetings in December and January. NYC DOT and DCP will share an overview of the Permanent Open Restaurants Design Guidelines Process, Goals, and solicit feedback. Members of the public are encouraged to attend one of the virtual public roundtables in January listed below.
- Queens, Monday, December 6, 2021, 5:30pm
- Brooklyn, Tuesday, December 7, 2021, 6:00pm
- Bronx, Thursday, December 16, 2021, 10:00am
- Manhattan, Friday, December 17, 2021, 9:30am
- Staten Island, details to follow
Overview of Open Restaurants Permanent Design Guidelines – Presented to all Five Boroughs (pdf)
Virtual Public Roundtables
NYC DOT and DCP will host a series of virtual roundtables that are open to the public, where any New Yorker can share their thoughts on the permanent Open Restaurants program. The first two will be:
- Tuesday, January 11, 2022, 12:00pm – 1:30pm
- Wednesday, January 12, 2022, 6:00pm – 7:30pm
Virtual Topic-Based Roundtables
Alfresco NYC – RPA, Design Trust, and Tri-State Transportation Campaign in coordination with NYC DOT & DCP will host a series of virtual roundtables to bring together a range of stakeholders from the hospitality industry, design professions, and transit and accessibility advocates, to provide an in-depth look at major issues to be addressed by the permanent program. Roundtable input will be shared publically. Details to follow.
Engagement Process and Timeline
Estimated Timeframe
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Milestones
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---|---|
Fall/Winter 2021 | Design and public engagement processes, organized and led by DCP and NYC DOT, and assisted by an interagency Open Restaurants design taskforce. The design taskforce consists of representatives from relevant agencies involved in managing the restaurant industry or in street planning: DOB, DCWP, DEP, DOHMH, DSNY, EDC, FDNY, LPC, MOPD, MOME, PDC, and SBS. |
Spring 2022 | Completion of the design engagement process, marked with the release of design guidelines in Spring 2022, which will detail all the intended design parameters, vetted by the interagency group. |
Summer/Fall 2022 | A robust community and borough level engagement and outreach program will be set up for sharing the design concepts in advance of the City’s rulemaking process known as the City Administrative Procedure Act, or CAPA. It is through CAPA that the City will finalize and adopt formal rules relating to the permanent Open Restaurants program, including rules for outdoor dining structures in the roadway. |
Winter 2022 | Following adoption of the rules through CAPA, NYC DOT will publish a final visual “manual” of design guidance, including an easy-to-use digital application that will provide a roadmap to restaurants on their outdoor dining structures. This resource will be made available ahead of the official launch of applications for the permanent Open Restaurants program, expected in late 2022.1 |
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