MTA Structures
A setup area must maintain the following clearances from MTA infrastructure:
- 15 feet minimum from a subway stair entrance (open side)
- 10 feet minimum from an elevator entrance (open side)
- 5 feet minimum from all other sides (closed)
- 3 feet minimum from an elevated structure
Review how to measure from MTA structures and view common MTA entrance conditions below.
- Measure 15 feet from the nearest corner of the subway stair entrance to your setup area.
- Repeat the same process for an elevator entrance, but keep 10 feet clear.
- Keep 5 feet clear from all other sides of an elevator or subway stair.
- If your setup is under an elevated structure, measure 3 feet from the outside face of the column that is closest to your setup area. Keep that distance clear.
- Subway stair at the curb.
- Subway stair at the building line. (Photo: Metropolitan Transportation Authority)
- Subway stair in the building. (Photo: Metropolitan Transportation Authority)
- Subway stair to an elevated subway station. (Photo: Metropolitan Transportation Authority)
- Elevator to a subway station. (Photo: Metropolitan Transportation Authority)
Signage Visibility
Any element of a roadway cafe, including decorative plantings, located within 50 feet of any regulatory or warning signs including but not limited to signage listed below, shall be no greater than 46 inches in height. The 50 feet should be measured from the front of the regulatory or warning sign (i.e., in the direction of viewing the sign, not from the back or side of the sign).
Review how to measure from a sign or view the types of signs below.
- Measure 50 feet from the sign in the direction that the sign is intended to be viewed.
- You can setup the dining area within these 50 feet, but the maximum height for any element is 46 inches.
- Stop sign.
- Yield sign.
- One-way sign.
- Wrong way sign. (Credit: Cyclomedia)
- Do Not Enter sign.
- Pedestrian crossing sign.
- School crossing sign.
- Speed limit sign.
Crosswalks
A roadway cafe must maintain the following clearances from a crosswalk:
- 20 feet on the approaching side of an intersection
- 8 feet on the non-approaching side of an intersection
If no crosswalk is present, the roadway cafe must maintain 20 feet from the curb line of the intersecting street.
- If a vehicle passes your roadway cafe before getting to the crosswalk, you are on the approaching side.
- If a vehicle passes the crosswalk before getting to your roadway cafe, you are on the non-approaching side.
- If there is no crosswalk, go to the street that intersects with the street your restaurant is on. Measure 20 feet from the curb of that intersecting street.
Street Trees
No portion of a roadway cafe can impact a street tree or the surrounding bed of soil.
- You cannot place anything in the tree bed.
- You cannot attach anything to the tree's branches or trunk.
- The tree cannot be pruned, cut, or removed without express written permission from the Parks Department.
- Damaging a street tree in NYC is illegal.
If there is a street tree adjacent to your roadway cafe, we recommend installing a tree bed guard to reduce negative health impacts to the tree.
- Maintain clearance from all portions of the tree (leaves, branches, trunk).
- Do not locate any portion of the roadway cafe within a tree bed.
Fire Hydrants
A roadway cafe must maintain 15 feet from a fire hydrant. Review how to measure from a fire hydrant or view an image of a fire hydrant below.
- Setup must be at least 15 feet from the center of a fire hydrant on either side.
- Fire hydrant.
FDNY or MTA Curb Cuts
A roadway cafe must maintain 10 feet from FDNY or MTA curb cuts. Review how to measure from an FDNY or MTA curb cut or view images of those curb cuts below.
- Measure 10 feet from the nearest flush portion of the curb cut or driveway (not the flared side).
- FDNY curb cut.
- MTA curb cut.
Objects with 5 feet Clearance
A roadway cafe must maintain a distance of at least 5 feet from the objects below. Review how to measure from objects needing 5 feet of clearance or view images of those objects below.
- Measure 5 feet from the outside edge of the object to your setup.
- Curb cut.
- Emergency exit hatch.
- Bus stop pole (non-approaching side).
- Citi Bike station in the roadway.
- Bike parking in the roadway.
- Micromobility station in the roadway (e.g., electric-scooter parking).
- Drainage infrastructure - catch basin.
Pavement Markings
A roadway cafe must maintain 6 inches clearance from any pavement markings, except for the buffer of a floating parking lane. Review how to measure from pavement markings or view an image of pavement markings below.
- Maintain six inches of clearance from any pavement to ensure visibility and access for maintenance. Measure from the outside edge of the pavement marking to your setup.
- Pavement markings.
Utility Clearances
A roadway cafe must maintain 3 feet clearance from a transformer vault. Review how to measure from a transformer vault or view an image below.
A roadway cafe must maintain 1 foot 6 inches clearance from vent infrastructure (subway grates, at-grade ventilator grates, etc.) Review how to measure from vent infrastructure or view images below.
Manholes are permitted within a roadway cafe, but any element of the cafe (e.g., barrier, tables, chairs, etc.) must maintain a minimum of 1 foot 6 inches clearance. Review how to measure from manholes or view an image below.
Remaining utility infrastructure, including but not limited to the list below, are also permitted within a roadway cafe, but any element of the cafe, including flooring, cannot prevent visual location of or physical access to the utility covering. Review how to measure from utility coverings or view images below.
- Measure 3 feet from the edge of your roadway cafe to the nearest edge of the transformer vault.
- Transformer vault.
- Measure 1 foot 6 inches from the edge of your roadway cafe to the nearest edge of the vent infrastructure.
- Utility Vent poles. (photo credit: NYC DEP)
- At-grade ventilator grates.
- Subway grates.
- Measure 1 foot 6 inches from the outside edge of the manhole to any objects within the cafe or the edge of the cafe.
- Manhole in the roadway.
- Elements of the cafe cannot block visibility or physical access to the coverings, but may be located right next to the utility covering.
- Gas shut-off valve.
- Water shut-off valve.
- Pull boxes.