Section 4.1

Enhancing the City’s Approach to Public Space Management




Goals for City Leadership
As public spaces in commercial districts increasingly become important places to build place identity and marketplace differentiation, the City of New York will need to adapt its regulatory structures, programs, and policies to lower barriers to public participation in, and management of, the public realm, particularly in under-resourced neighborhoods. The City’s response to the pandemic, with new programs like Open Streets, Open Restaurants, Open Culture, and Open Storefronts, allowed for regulatory flexibility and reduced some previous barriers to participation. However, these programs were launched quickly to address public health concerns around indoor activities, resulting in a piecemeal roll out across neighborhoods. They also relied heavily on volunteer stewardship, making them most successful in already well-resourced communities. Looking ahead, the City needs to create cohesive systems for managing these spaces so that communities can enjoy a greater level of access and engagement for years to come.

The following principles emerged as priorities to guide recommendations for enhancing the City’s approach to public space management.

A

Prioritize user experience and establish clear and transparent regulatory processes that lower barriers to participation. 

B

Foster new and long-term coordination across city agencies that inform the design and use of the public realm.

C

Ensure inclusive design of programs and policies with technical assistance and financial resources for lower-resourced neighborhoods. 

D

Create more opportunities for collaboration and communication between city agencies and local partners

E

Support commerce and entrepreneurship in the public realm.

The following recommendations combine a mix of policies and programs that the City of New York, with its partners and stakeholders, should consider prioritizing to achieve the previously identified public space management goals.


RECOMMENDATION
PRIORITIES

Appoint an interagency “Public Realm Working Group” that owns the “start” button for application processes and serves as overall program administrator.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Create unified digital and analog public space permit application processes across
multiple languages.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Give power to applicants to self-certify/self-declare on public realm activation permit applications, where appropriate.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Use pay-scale systems or fee structures and establish insurance waivers based on areas of need.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Provide a pre-approved list of local on-call technical assistance providers and equipment/furniture vendors.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Establish a public realm activation grant and public realm design guidelines.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Match public space maintenance and programming crowdfunding efforts set up by local organizations.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Develop a self-sustaining Open Street funding model by creating a template license agreement that may be entered into between an approved “Open Street Partner Organization” and the City of New York.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Expand year-round cleaning support on City-owned plazas.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Allow and encourage local organizations to apply for public realm activation permits as coalitions of community partners.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Create community outreach and engagement resources and training for place-based organizations supporting the management and activation of the public realm.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Identify neighborhood/district Open Street representatives to oversee in-person and on-the-ground outreach.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Create guidelines and programs for licensed street vendors in the activation of the public realm.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
Establish a city-wide permit and technical assistance program for retail experiential markets.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E

Make Open Storefronts a permanent City program.
︎ A  ︎ B  ︎ C  ︎ D  ︎ E
 



How To Read Each Recommendation
The sample rubric shown here was used to develop each recommendation/action in detail.

Recommendation

A general action-oriented statement

Category/Type

︎ Process/Regulatory Framework  ︎ Funding  ︎ Technical Assistance

Why

A challenge or opportunity identified by stakeholders and through proceeding research on the City’s regulatory framework.

Who Gets it Done/Which City Program

A list of potential public/nonprofit/private sector entities and individuals whose leadership, support, and cooperation are critical to successful implementation of the recommendation,  plus their potential roles.

How to Implement

Early steps and actions that should be taken to implement the recommendation.

Case Study

Descriptions of projects similar to the one being proposed. Examples may be local, regional, or national.

Who Does this Help

Groups and individuals who may benefit from the implementation of the recommendation.

Types of Public
Space(s) Impacted


︎ Street  ︎ Sidewalk  ︎ Plaza





ENHANCING THE CITY’S APPROACH TO PUBLIC SPACE MANAGEMENT ︎︎︎  

RECOMMENDATIONS ︎︎︎  


[ RECOMMENDATION ] 

1. Appoint an interagency “Public Realm Working Group” that owns the “Start” button for application processes and serves as overall program administrator for public realm programs.


This one-stop destination, or executive office, should oversee all permit and regulatory processes associated with the public realm, and should comprise representatives from each of the following agencies: The Department of Transportation, The Department of Consumer and Worker Protection, The Department of Small Business Services, The Mayor’s Office of Street Activity and Permit Office, The Department of Health and Mental Hygiene, The Department of Parks and Recreation, The Department of Cultural Affairs, The Mayor’s Office of Media and Entertainment, The Department of Sanitation, The New York Police Department, and The New York Fire Department.



WHY
Stakeholders involved in the management and activation of different types of public spaces (plazas, streets, and sidewalks) in commercial districts unanimously shared concerns around limited interagency coordination, which often impacts permit application and approval processes. There are a myriad of city agencies which all have jurisdiction over our public realm. This, in turn, impacts the frequency and scale of activations and events that can occur in the public realm due to the limited time and resources that smaller CBOs are able to dedicate to navigating regulatory processes.

Currently, the use of the public realm requires an individual or organization to reach out to at least three different city agencies to procure appropriate licenses and permits. Each agency requires the completion of its own sets of forms, insurance and professional license requirements, and fees across a mix of digital and analog processes.

The Public Realm Working Group would streamline these permitting processes by being a one-stop-shop for all permits related to our public spaces. Rather than siloing each agency, this would allow for open communication and coordination across city agencies. The cooperation between agencies would create leadership from the City to look at our public spaces holistically and not on a program-by-program basis.
GOALS
︎ A User Experience
︎ B Long-Term Coordination
︎ C Inclusive Design
︎ D Collaboration and Communication
︎ E Support commerce and entrepreneurship


CATEGORY / TYPE
︎ Process / Regulatory Framework
︎ Funding
︎ Technical Assistance





THE STORY
The Chinatown Partnership (“the Partnership”) provided significant support to its business stakeholders early in the pandemic by leading the establishment and management of Open Streets and fundraising for any additional furniture and resources required to maintain the large scale of outdoor dining activities in the district.

Through this process, the Partnership endured rapidly changing regulations around open restaurants and Open Streets.

“At first, outdoor dining arrangements didn’t need to have continuous barriers between road traffic and seating but that got adjusted mid-way through the program.”
Wellington Chen, Executive Director of Chinatown Partnership Local Development Corporation

While the self-certification process was reportedly helpful, the Partnership shared that City regulations remain difficult to comply with and there is a critical need for a “one-stop czar office to consolidate different agencies” overseeing the management and use of the public realm.

“We should streamline and integrate the process under a much simpler process. Right now, quoting an official, it requires more than 70 stops for different authorization and permits in order to open a restaurant in NYC. Coordination with all the different agencies and stakeholders would make life much easier for everyone involved.”
Wellington Chen, Executive Director of Chinatown Partnership Local Development Corporation.





HOW TO IMPLEMENT To encourage the use and management of our public realm by local groups and stakeholders, the City would need to create a one-stop destination, or executive office, that oversees all permit and regulatory processes associated with the public realm. This executive office should comprise representatives from each of the following agencies: DOT, DCWP, SBS, SAPO, DOHMH, DCLA, Parks, NYPD, NYFD, and Sanitation.

The first monumental effort by the Public Realm Working Group should consist of the creation of an interagency workflow chart(including designating a lead agency to start each potential workflow/public realm activation/management scenario) and a standard operating procedure manual for communication between agencies. The workflow chart should be published on the City’s website (across all agency permit application pages) to begin externally communicating the new ways in which agencies are working together. In addition, the Public Realm Working Group should conduct outreach to CBOs(including but not limited to plaza partners, BIDs, CDCs, and community organizations that have previously applied for public realm permits) to inform them of the changing workflows across agencies as they relate to public realm activation.




Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  




︎ Josh Wilburne

Streets Cabinet

City of Boston, MA

The mission of the Streets Cabinet, a Mayoral office in the City of Boston, is to “innovate, develop, implement, support and manage all programs, projects and policies that enhance clean, well-lit, attractive and efficient infrastructure that moves vehicular and pedestrian traffic safely.” Overseeing five key City agencies—Boston Bikes, Parking, Public Works, and Transportation—the Cabinet and its Public Realm Director leads the implementation of Boston’s Tactical Public Realm Guidelines.

This case study was previously published in the Municipal Arts Society’s policy brief “A Public Champion for the Public Realm.” ︎︎︎ Read the report for more information.

WHO DOES THIS HELP
Key benefactors of this recommendation include local businesses and community organizations that have, for years, had to navigate regulatory processes across numerous city agencies using their own time and resources to expand programming and sales in the public realm.



[ RECOMMENDATION ]

2. Create unified digital and analog public space permit application processes across multiple languages.



WHY As illustrated in the section “Navigating the current regulatory process,” prospective users and managers of our public realm are required to navigate a myriad of permitting and licensing processes designed uniquely by each agency. These processes occur across a mix of platforms—digital and analog— and are rarely integrated across agencies. Although SAPO may be able to coordinate and process nearly 70% of all permits and applications that are required to activate a public space like a street or plaza, the DOT may also require other permits that are processed separately. This means a community organization may be required to submit a W9 form, a professional license, or insurance to two separate agencies, doubling time and effort on the part of the applicant.
GOALS
︎ A User Experience
︎ B Long-Term Coordination
︎ C Inclusive Design
︎ D Collaboration and Communication
︎ E Support commerce and entrepreneurship


CATEGORY / TYPE
︎ Process / Regulatory Framework
︎ Funding
︎ Technical Assistance





THE STORY Casita Maria, the first and oldest Latino-serving charity in New York City, has been activating public spaces in the South Bronx since 1961. Although they are not the official partners for Raul del Valle Square in Hunts Point, they frequently program performances and offer services for community members. The plaza is primarily managed by the Parks Department. However, for sound permits, Casita Maria has to communicate with the local NYPD 42nd Precinct; for festival permits, they work with the SAPO; and when they were looking to install public art on the railings in the plaza, they had to get approval from DOT. All of this can be chaotic for an organization to manage, but thankfully Casita Maria has deep roots in the neighborhood and knows the points of contact for each agency.






HOW TO IMPLEMENT In order to lower barriers to participation in our public realm, the City would need to integrate its permit application processes digitally while maintaining analog accessibility for those who are less digitally-savvy. Once formed, the “Public Realm Working Group,” a governing committee that will oversee all regulatory processes relating to the management and activation of the public realm, should work closely with Department of Information Technology and Telecommunications (and other City agencies) to lead the consolidation of all software and applications used for permit and licensing processes. A single agreed-upon platform (whether a mobile-friendly website or a mobile app) that meets the needs of all City agencies and is user-friendly should be selected. Then, a standard operating procedure manual should be created for staff to adhere to. At this time, DOT is using Survey123 by ArcGIS to process Open Streets applications, while SAPO, DCPW, NYPD, NYC Parks, and NYC Media and Entertainment use E-Apply. In addition, all W9 and other tax records and business documents submitted by permit applicants should automatically be integrated for use across City agencies.




Ultimately, the unification and digitization of all public space permitting processes would enable the City to better collect information on public realm activations that occur throughout the boroughs, including their locations and times, and to communicate its successes to the public.



Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  


︎ Kristina Volgenau

One Stop Shop

City of New Orleans, LA


To modernize and improve the way that city government serviced the general public, the City of New Orleans launched “One Stop”, a single destination, housed within City Hall, that streamlines permitting, licensing and other regulatory processes.

One Stop provides a single point of entry for permit and license applicants and facilitates interagency collaboration through a new central repository tracking system used by all departments. In addition to housing One Stop City staff in a single location (so they may be available to support any in-person applications or approvals), the City of New Orleans has tested a beta application that may also be used on digital devices.

Click here to see example: https://www.nola.gov/onestop/


WHO DOES THIS HELP
Local community organizations with limited staff and resources would directly benefit from easier permitting processes. Furthermore, streamlined processes may encourage more frequent participation in the public realm.


[ RECOMMENDATION ]

3. Give power to applicants to self-certify/ self-declare on public realm activation permit applications, where appropriate.



WHY
“[We] didn’t have to sign a liability agreement for Open Streets. That made it. Self-certification was such an easy process, it didn’t trip anyone up.”
Carey King, Uptown Grand Central


HOW TO IMPLEMENT With clear program guidelines and regulations in place, the City should incorporate self-certification/self-verifying steps in the public realm permitting and licensing process that, in the long-term, may lower reliance on City staff for permit approvals. These self-certification steps may be similar to those outlined in the digital application forms established by the DOT for the “Open Streets” program. However, it must be noted that applicants may still be subject to fines by the relevant enforcement agencies if found to be non-compliant with rules and regulations.
GOALS
︎ A User Experience
︎ B Long-Term Coordination
︎ C Inclusive Design
︎ D Collaboration and Communication
︎ E Support commerce and entrepreneurship


CATEGORY / TYPE
︎ Process / Regulatory Framework
︎ Funding
︎ Technical Assistance





Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  



Open Restaurants Application

City of New York, NY


During the COVID-19 pandemic, the City of New York allowed food establishments to self-certify that they met program requirements to speed up approval processes. The simple one-page form enabled a large adoption of the program with participation distributed fairly across all five boroughs and a range of commercial districts with limited violations relative to overall program participation rates.



︎ NYC DOT
WHO DOES THIS HELP
By lowering barriers to participation, a greater breadth of organizations, businesses, and individuals may be encouraged to contribute to the management of our public realm. This is especially critical in outer borough commercial districts where established and well-resourced BIDs may not exist. In these neighborhoods, smaller civic groups and coalitions of community members will need to step forward and take on the role of public realm managers. Having the ability to self-certify, say annually, rather than for each programmed event, would help smaller organizations participate more regularly in the activation of these spaces.





[ RECOMMENDATION ]

4. Use pay-scale systems or fee structures and establish insurance waivers based on areas of need.



WHYStakeholders shared that high annual insurance requirements required to become DOT Plaza Partners or to become Concessionaires on DOT Plazas, and total annual fees incurred to obtain multiple public realm activation and programming permits across various City agencies, have become financially burdensome, particularly in neighborhoods with small BIDs or none at all.
GOALS
︎ A User Experience
︎ B Long-Term Coordination
︎ C Inclusive Design
︎ D Collaboration and Communication
︎ E Support commerce and entrepreneurship


CATEGORY / TYPE
︎ Process / Regulatory Framework
︎ Funding
︎ Technical Assistance


HOW TO IMPLEMENT
To ensure the equitable distribution of public realm maintenance, programming, and activation, the City’s “Public Realm Working Group” (see earlier recommendation) should refine NYC DOT’s Street Plans geographic “areas of need” to include neighborhoods or communities that feature nonprofit organizations with small operating budgets, and/or have, in the last five years, received limited City funding, partnerships, and resources for the management and activation of the public realm, and therefore are in immediate need of subsidies and fee waivers to continue providing public realm activations and programs.
 



    Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  


    ︎ NYC Housing Recovery

    Build it Back Program

    City of New York, NY

    Although the “Build It Back Program” has faced some criticism and challenges, it has been one of few City programs that has enabled the waiving of permit applications and fees. The Department of Buildings waived fees for demolition applications and permits;  new building and alteration permit applications; permits to renovate or repair; records management fees; electrical and plumbing applications (including limited alteration applications); and associated work applications and permits (i.e. elevators, sheds, scaffolds, construction fences) for homeowners and contractors in geographic areas of need, i.e. regions affected by Hurricane Sandy.



    WHO DOES THIS HELP
    Commercial districts in underserved neighborhoods.




    [ RECOMMENDATION ]

    5. Provide a pre-approved list of on-call technical assistance providers and equipment and furniture vendors.



    WHYDuring the pandemic, professional creative firms and agencies across the City stepped forward to support commercial districts through the design and construction of outdoor dining and vendor or concession structures and furniture, planning Open Streets, and designing street furniture for ad-hoc use on plazas and sidewalks. While most of this help was pro-bono or sponsored by businesses amidst the pandemic, these artists and professional creatives deserve acknowledgement for the support that they have provided and continue to provide in enlivening our public realm.

    GOALS
    ︎ A User Experience
    ︎ B Long-Term Coordination
    ︎ C Inclusive Design
    ︎ D Collaboration and Communication
    ︎ E Support commerce and entrepreneurship


    CATEGORY / TYPE
    ︎ Process / Regulatory Framework
    ︎ Funding
    ︎ Technical Assistance





      THE STORY A + A + A, a local design studio, and Think! Chinatown, an intergenerational nonprofit based in Manhattan’s Chinatown, collaborated to help restaurants design and build their outdoor dining structures. Think! Chinatown fundraised through their robust community following, while A + A + A offered their design services low-bono. A + A + A contacted a woman-owned contractor, who offered to charge 50% of her normal rate. The lumber came from Chinatown Building Supply. Each build required the efforts of a variety of folks. It would be difficult to replicate this phenomenon on a large-scale, but it can be pieced together on the local scale and resources can be publicized to help local coalitions fill in gaps. 

      “If you have all the right partners in place, it’s a doable thing: a group with deep roots, a studio with skills, volunteers. There’s a certain amount of magic that needs to happen, with the trust of the community, to go from there.”
      A + A + A studio, Chinatown





      HOW TO IMPLEMENT To make these professional services more accessible to community groups and individuals without existing working relationships with creative firms and agencies with expertise in designing and fabricating unique public realm furniture and amenities, plus experience navigating City permit processes, the City should create a publicly available resource list of “Public Realm Design” technical providers. To do so, the City should follow these steps:




      1. Release a request for qualifications for on-call technical experts in tactical place-making, urban design, architecture (hospitality), landscaping, lighting, traffic engineering, etc.

      2. Evaluate proposals submitted through RFQ and determine a shortlist of City-approved technical experts for public space design and activation, giving priority to local vendors based in NYC DOT’s Streets Plans’ geographic “areas of need.”

      3. Release approved vendor list, including direct vendor contact information and sample work—resources should be updated in one to three year intervals and hosted on City websites related to public realm activation (e.g. the DOT Plaza program website, SAPO events permit website, Retail Experiential Markets website [see other recommendation in this brief])

      4. At the end of the RFQ contract, the City should evaluate all leads and awards generated through the publication of approved vendor lists.

      5. Conduct periodic review of vendor list and update accordingly (for example, every three to five years, consistent with on-call vendors contracted with other City agencies),



      Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  


      Public Space Activations Catalog

      City of New York, NY

      NYC DOT's Public Space Activations Catalog will include a list of nonprofit organizations available to provide activations in NYC DOT managed public spaces. All activations on the list will be free of charge and suitable for New Yorkers of all ages and abilities. These nonprofit organizations will offer activations across the following categories: Arts and Culture, Active and Healthy Living, Learning and Educational Activities, Crafts and Design.


      Each fall, NYC DOT releases a request for proposals for organizations that wish to be included on the Public Space Activations List. Acceptance to the list does not guarantee selection nor funding. In addition to NYC DOT-funded opportunities, Public Space Activations Partners may self-fund, or work with our community partners to bring their activations to Open Streets, Plazas and other NYC DOT managed public spaces.

      WHO GETS IT DONE
      To build on to the Public Space Activations Catalog, DOT should consider an addendum that includes the “Public Realm Design” technical provider resource list. The list should not only serve as a resource to CBOs seeking support and partnership, but should also be used by City agencies to ensure quality of public space activation and programming.

      WHO DOES THIS HELP
      Communities with limited resources to hire or limited access to local creative and design service professionals.

      ︎ George Zheng


      [ RECOMMENDATION ]

      6. Establish a public realm activation grant and create public realm design guidelines.



      WHYPublic realm activation in commercial districts occurs in all types of spaces—streets, sidewalks, plazas (interim, permanent), and more. However, financial and technical resources have been created and distributed in silos by type of space or by City program.

      The public, however, does not typically differentiate its experiences and use of the public realm by type of space—especially when they are closely connected within a single commercial district. It is therefore important for the City to acknowledge this general user experience by making improvements and supporting activations across all of these different spaces through a consolidated “Public Realm Activation Grant” program.


      GOALS
      ︎ A User Experience
      ︎ B Long-Term Coordination
      ︎ C Inclusive Design
      ︎ D Collaboration and Communication
      ︎ E Support commerce and entrepreneurship


      CATEGORY / TYPE
      ︎ Process / Regulatory Framework
      ︎ Funding
      ︎ Technical Assistance



























        ︎ Uptown Grand Central


        THE STORY Rockwell Group expanded its DineOut program for safe communal dining to Chinatown early in the pandemic. DineOut Mott Street encompassed a full-block closure between Mosco and Worth Streets to create a new public space for up to 120 guests to gather simultaneously and eat at local restaurants.

        To construct each dining pavilion with planters and furniture, the group spent over $25,000 per restaurant. Without the support of private funders such as Moët, Resy, and American Express, Rockwell Group and Chinatown Partnership would have been unable to provide safe dining arrangements for 12 restaurants on a single block in Chinatown.

        “ Most people don’t realize the magnitude of cost of setting this (outdoor dining) up. This ends up becoming a loss for the restaurant industry if they add up the cost to set up. The open restaurants program has created more opportunities for social interactions because before people were only dining indoors at restaurants. It’s also provided a psychological boost and placemaking benefits…It no longer feels like a ghost town.”
        Wellington Chen, Executive Director of Chinatown Partnership Local Development Corporation





        HOW TO IMPLEMENT Designed and administered by the “Public Realm Working Group” (see earlier recommendation), the “Public Realm Activation Grant” should subsidize the cost of design, procurement, construction of semi-permanent structures, public art, furniture, lighting, and barricades used in the activation of the public realm. In addition, grants should also be made available to cover any maintenance and insurance costs. According to stakeholders, maintenance and insurance costs have often served as major hurdles to continued activation of the public realm.

        Applicants to the grant should also receive a stewardship and design guide that is multilingual, simple to understand, and keeps barriers to participation in, and management of, the public realm low.

        The design guidelines should be contextual or flexible enough to be adaptable to street, sidewalk, and plaza geometry or local conditions. The guidelines should also encourage high-quality design to increase the vibrancy of commercial corridors while balancing safety standards and ADA standards.



        Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  




        Open Streets Grant by NYC SBS

        City of New York, NY





        The one-time program funded through the American Rescue Plan Act provides up to $50,000 in direct funding to community-based organizations so they could primarily execute Open Streets in underserved areas’ business districts. Eligible activities funded through the program include street management, cleanliness and beautification, streetscape enhancements, district marketing, and programming.



        Award amounts are determined by the frequency and expanse of the designated Open Street event. Although narrow in scope, this funding program would serve as a valuable case study if made permanent and expanded to apply to a wider range of public spaces beyond just Open Streets. As previously indicated, our commercial districts are home to a variety of public spaces that each deserve care, maintenance, and activation.





        Tactical Public Realm Guidelines

        City of Boston, MA


        The guidelines, developed by Boston’s Public Realm Working Group, are intended as community resources for tactical placemaking that reflects updated city processes for the creation of interim and temporary plazas, parklets, outdoor cafes, and street murals along Boston’s streets. Similar to this publication, the toolkit outlines regulatory processes involved in each kind of public realm activation as well as general location/siting requirements and design considerations.

        Most importantly, the guidelines signal Boston’s acknowledgement that the public realm serves a greater role beyond facilitating vehicular and human circulation—public spaces are “living rooms”, “canvassess” and “experiments” for Boston.

        Men sit at a café table in a parklet.
        ︎ Boston Public Realm Working Group





        Pedestrians walking near a subway station in San Francisco. In the middleground is a flower vendor.





        ︎ Emily Hoehenrieder

        Public Space Stewardship Guide

        City of San Francisco, CA


        Unlike the “Tactical Public Realm Guidelines” by the city of Boston, the “Public Space Stewardship Guide” is focused on educating community groups about sustainable models for public realm stewardship, including event-based models, grassroots partnerships, public/private partnerships, self-governing special assessment districts, and maintenance/technical assistance partnerships. It also includes ready-to-use templates, including a public space management plan and maintenance plan.


        WHO DOES THIS HELP
        Guidelines would ensure that public realm managers and activators are able to comply with City regulations while being creative. The guidelines would also build a common knowledge base that limits room for negotiation between enforcers and permit holders.



        [ RECOMMENDATION ]

        7. Match public space maintenance and programming crowdfunding efforts  set up by local organizations.



        WHY
        Funding to manage and maintain the public realm is limited for most commercial districts outside of Manhattan. Public space management and programming, core services for many BIDs, are incredibly expensive endeavors (even more so for neighborhoods without an established BID) and require significant City support through funding.

        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assistance

        “We had no structure, no organizational BID, no paid salaried person to do what we do on a shoestring.”
        Friends of Diversity Plaza

        HOW TO IMPLEMENT Building on the Department of Small Business Services’ suite of financial assistance, the Agency should consider establishing a crowdgranting” program that matches CBOs’ crowdfunding goals with City grants.



        The public realm maintenance and programming activities matched through the “crowdgranting” program should be focused on geographic “areas of need” as identified by the City’s “Public Realm Working Group” (see earlier recommendation). Clear parameters for the eligible kinds of public spaces (e.g. Open Streets, sidewalks, plazas, parklets, etc.) and eligible activities (e.g. cultural programs/events, public art installations, street furnishings, etc.) should also be established and distinct from spaces and activities already being serviced by the City and its partners (e.g. the City Cleanup Corps, NY Horticultural Society, etc.).



        Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  


        ︎ MassDevelopment


        Commonwealth Places

        Massachusetts


        In partnership with the crowdfunding platform Patronicity, the Commonwealth of Massachusetts’ MassDevelopment created Commonwealth Places, a crowdfunding challenge that encouraged community organizations to raise funds locally to support a range of economic revitalization and placemaking activations. Every crowdfunded goal met on the Patronicity platform was then matched by MassDevelopment through a grant (of up to $50,000) funded in part by Barr Foundation. Eligible projects focused on low- and moderate-income communities across Massachusetts.

        Click here to see the example: https://www.patronicity.com/commonwealthplaces

        WHO DOES THIS HELP
        Commercial districts in underserved neighborhoods.





        [ RECOMMENDATION ]

        8. Develop a self-sustaining Open Street funding model by creating a template License Agreement that may be entered into between an approved “Open Street Partner Organization” and the City of New York.



        WHY
        Open streets can be incredibly expensive and resource-intensive endeavors for CBOs. These public realm activations require significant funding and to-date have been largely financed through local donations, sponsorships, and BID revenues (where applicable), as well as managed through volunteer time.

        While City agencies have more recently created new financial assistance programs to offset the cost of Open Streets, through the Open Streets Grant (Department of Small Business Services) for example, these one-off or term-limited funding sources may not allow sustained management of Open Streets beyond the availability of federal, state, or city funds.

        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assistance



        “For these smaller BIDs, obviously it's all about resources: the money itself, or staff. That's where the concession agreement is very helpful to the organizations.”
        Fred Cerullo, Grand Central Partnership


        HOW TO IMPLEMENT In order to create a self-generating funding model for CBOs to manage and maintain existing Open Streets, the City should consider developing a License Agreement that may be entered into between an approved “Open Street Partner Organization” and the City of New York. This license agreement, similar to the existing DOT Plaza Concession License, should grant approved “Open Street Partner Organizations” the ability to operate and manage the “Licensed Open Street” (boundaries as determined in the agreement) and maintain and/or repair the amenities installed within the Licensed Open Street (not including capital improvements or alterations).

        Through the license agreement, the City should grant the right to the “Open Street Partner Organization” to manage and operate a market concession or subconcession (for a predetermined time period) that would grant Open Street Partner Organizations the ability to generate revenues that must then be directly used to manage and operate the Licensed Open Street.

        While not every Open Street may be able to enter into such agreements, it does incentivize willing community organizations to use street space creatively in order to generate public realm management during peak days and seasons. For example, an Open Street Partner Organization may, with an Open Street License Agreement, choose to charge participating restaurants a nominal fee to participate in the Open Street, or concession out a portion of the roadway for street vendors that offer complementary products and services to existing businesses located on or near the Open Street.



        “Open Streets is running, but DOT has this history of never really resolving with DCWP how to conduct transactional commerce in things like summer walks and weekend walks and summer streets and all that. Somebody just made that up, right? They'll pretend it's illegal, but it's illegal until it's legal, that's not the question, right? So I'm struggling to run Open Streets. I would've done it for another six or eight or 12 weeks if I'd had $30,000, but I can't sell a concession to the vendor who's rolling up and poaching the space anyway. I can't even print a t-shirt or a nifty little cap and sell it for $4.50.”
        David Estrada, Sunset Park BID



        Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  





        ︎ Nur Asri



        Fowler Square

        Brooklyn, NY


        During the pandemic, the DOT entered into unique license agreements directly with individual restaurants to designate sections of DOT Plazas for revenue-generating commercial uses. These agreements were designed for restaurants on or adjacent to Fowler Square (e.g. Black Forest Brooklyn and Peaches Hothouse) that were unable to expand outdoor dining to their curbside (due to a variety of factors, including being located in front of a bus stop, having limited sidewalk width, etc.) for a time-limited period. A similar license agreement was also used in Ridgewood, Queens, where Myrtle Ave BID Executive Director Ted Renz shared that he would like to see his local plaza continue to share programming and management responsibilities with local restaurant partners who, prior to the pandemic, were not inclined to support public realm management efforts at the plaza.































        ︎ Barnabas Crosby


        [ RECOMMENDATION ]

        9. Expand robust year-round cleaning support on City-owned plazas (and Open Streets).



        WHY
        DOT Plaza Partners enter agreements with the City agency that require the local organization to provide maintenance services, including daily sweeping, watering of plants, removing stickers and graffiti, and shoveling snow. These maintenance services may also be supplemented by landscaping and cleaning services provided by other citywide partners such as the NY Horticultural Society.


        In heavily-trafficked commercial districts, these baseline services are often insufficient to meet the rate of wear-and-tear the plazas undergo. The agreements also require that the maintenance partner is able to fund one part-time staff person annually. While well-resourced BIDs with year-round cleaning services teams roll these plaza maintenance responsibilities into their existing staff work plans, other BIDs and small nonprofit community organizations—particularly those in outer boroughs with limited revenues and staff—must rely on temporary contract cleaning staff.

        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assistance

        “We had to fight tooth and nail. We can’t raise $30k for a maintenance contract. And we can’t let it go into disrepair just because we don’t have the resources.”
        Friends of Diversity Plaza

        HOW TO IMPLEMENT Building on the existing City Cleanup Corps program, the DOT (as administrators of the plaza program and Open Streets) should expand its hiring of City Cleanup Corps crews. The City Cleanup Corps, established in the pandemic in response to resident complaints of declining sanitation efforts in the public realm, hires and trains staff to manage site cleanup, area maintenance, and graffiti and snow removal in different types of public spaces across the five boroughs. 




        WHO DOES THIS HELP
        By relieving partners of maintenance responsibilities, many CBOs are likely able to dedicate more time and resources to activation and programming of plazas and Open Streets.





        THE STORY Myrtle BID currently supports the management of two fully built-out DOT plazas in the commercial district, and has a good long-standing working relationship with the DOT Public Space Unit. As a district located in a CDBG-entitled community, Myrtle BID receives $20,000 annually (as a plaza community partner) to program its plaza on Myrtle Ave. Pre-COVID, the BID has used its additional funding to incorporate music and dance programs and seasonal events over the winter that drive footfall to neighboring businesses and restaurants.

        “We are happy with the scenario. It helps supplement the cost of the BID so we can clean and provide general maintenance to the plaza…Both Venditti Square Plaza & 71st Avenue Plaza qualify for Equity Source Funding however, the Myrtle/Cooper Plaza known as Glendale Memorial Triangle in Glendale does not qualify. I would like this plaza to be added to the DOT Equity Source Program.”
        Ted Renz, Executive Director, Myrtle BID





        [ RECOMMENDATION ]

        10. Allow and encourage local organizations to apply for public realm activation permits as coalitions of community partners.



        WHY
        In many underserved communities, local organizations often have mixed levels of funding, resources, skill sets, and professional licenses or insurance coverage that need to be brought together to further empower action by local groups as collective groups.

        “We’d love to see consistent and diverse programming. The thing right in front of you is the thing you know. Without a diverse coalition of people, you end up doing the thing you know.” Friends of Diversity Plaza

        The City's existing public realm regulatory processes and programs (permits, licenses, financial assistance and technical assistance programs), however, often limit applications to single entities or organizations, and do not foster cross-collaboration and coalition-building at the local level. Community groups, therefore, often compete for resources and assistance with one another, or local public spaces end up being managed and activated by a single, well-resourced organization that may not necessarily represent the varied interests of local stakeholders.

        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assistance


        HOW TO IMPLEMENT As part of the unification of public space permit application processes (see earlier recommendation), the Public Realm Working Group should:

        Ensure that all permit applications and grant applications relating to public realm management and activation allow for more than one applicant of record. Key applicant roles may include:

          1. fiduciary partner (to sign any grant agreements and administer funds).

          2. operational partner (to lead and coordinate the planning and management of any activations/events).

          3. outreach/engagement partner (to lead all public outreach and engagement activities leading up to, and during, program dates).


        “This is NYC, people know how to use the street. People are just dying for space. I love getting the chance to be the connector. It’s kind of like the story of stone soup. People don’t believe there’s soup. And then you put the stone in the pot and people are like ‘oh, amazing! I have carrots.’ ‘Oh, I have celery.’ It’s like that with the space, you delineate that it’s for us, the community. And then it’s like, ‘What are you going to do with it?’ And then people come up with all sorts of stuff. Even in an area so difficult as ours. Churches want to come out. Everyone has an idea. And so leveling the playing field and saying ‘we’re open to all ideas.’ We’ve never had big budget. Partnerships are how to move public space forward.”
        Carey King, Uptown Grand Central




























        ︎ NYC DOT
        The Bindlestiff Family Circus performs on a flatbed trailer parked on a city street.


        [ RECOMMENDATION ]

        11. Create community outreach resources, engagement resources, and training programs for place-based organizations supporting the management and activation of the public realm.



        WHYCommunity engagement in the City is often carried out as a “top-down” exercise, whereby city agencies engage with groups of stakeholders and the general public on an ad-hoc, project-by-project basis. As such, the success of community engagement efforts is often inconsistent, leaving local stakeholders fatigued by disparate engagement in events and activities held by different City agencies.

        Stakeholders also shared that the ad-hoc engagement efforts are often rapidly rolled out without careful understanding of, and consideration for, the breadth of stakeholders in any one community. This may result in disproportionate representation at engagement meetings and events, which in time creates community disenchantment with the City. To address this challenge, the City should leverage existing relationships and networks that CBOs already have to better reach and engage a broader cross section of local residents and stakeholders.


        “We want this public space to succeed. We bring the community together in this space: a vigil, action, show. We don’t have [the] resources and capacity to do it. We need the city to help make it happen, and we can make sure community shows up for it. Organizing is our strong suit.”
        Friends of Diversity Plaza

        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assist

        HOW TO IMPLEMENT To empower local partners to lead community engagement processes that may be required during the planning, design and implementation of public realm improvements, the City would need to adopt a “bottom-up approach” that provides a suite of resources— financial and technical assistance—to CBOs.


         

        This may include:

        ︎ Engagement micro-grants to be used toward funding additional outreach or engagement activities and events (beyond the CBO’s regular engagement calendar), including volunteer staff time and hard costs (like print materials, digital engagement tools—website, social media, text messaging service).

        ︎ A “how-to guide” for leading community outreach and engagement events that meet any typical requirements set by federal and state agencies.

        ︎ Ready-to-use multilingual outreach and engagement materials for print or digital use that may be customized by each community, as needed.

        ︎ Multilingual training sessions on how to track stakeholder outreach, facilitate community meetings, conduct one-on-one interviews, record meetings, and report back to City agencies, etc.



        Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  



        We Will Chicago
        Meeting-In-A-Box

        City of Chicago, IL


        As part of the City of Chicago’s multi-year citywide planning initiative to encourage neighborhood growth, the Department of Planning and Development is partnering with CBOs to lead engagement efforts throughout the process. To provide groups with the right resources that help the City gather community input in a coordinated manner, the “Meeting-In-A-Box” engagement toolkit was created. This suite of multilingual materials, which includes customizable brochures, presentation decks, activity worksheets, facilitator forms, and more, was made publicly available. Training sessions for community-based organizations were also held remotely/virtually in various languages and recorded, so that a wide range of audiences would be able to participate.


        Click here to see example: Meeting-in-a-Box

        WHO GETS IT DONE
        The Public Realm Working Group (see previous recommendation) should, as part of its early phases, lead the creation of dedicated community outreach and engagement resources with the support of the Mayor’s Civic Engagement Commission and/or Public Engagement Unit.

        WHO DOES THIS HELP
        City agencies such as the DOT, the DSNY, and SBS would directly benefit from the support of well-trained and well-resourced community-based partners who can conduct on-the-ground outreach and engagement more effectively. These partners are familiar faces to local residents and businesses. They often have long-standing, trusted relationships with key stakeholders in the community that can help reduce contentiousness and misperceptions of any public realm programs and planning or design efforts. Most importantly, community-based partners can help reframe any local issues into relevant questions for City agencies, and share relevant communications from City agencies with their communities in accessible language.




        Cover of Meeting-In-A-Box Facilitator Guide. An African-American Woman stands off to the right side with a bright color treatment overlaid on the photograph.
        ︎ We Will Chicago



        [ RECOMMENDATION ]

        12. Identify neighborhood/district Open Street representatives to oversee in-person and on-the-ground outreach.



        WHYStakeholders shared their challenges in navigating the Open Streets and Open Restaurants permitting processes as they evolved through the pandemic without clear communication from City agencies. In addition, the lack of clarity on program requirements and guidelines, as well as limited interagency coordination, and mixed (and often slow) responses from City agencies around rulese and regulations of the program, meant that businesses, organizations, and communities that had not received sufficient technical support from the City were prone to being found non-compliant and penalized by enforcement agencies.

        “We found it was especially helpful to talk to people in-person because of the atypical restaurants: lots of second floor and basement restaurants. So while a diagram is a good place to start, face-to-face to respond to people’s particular needs is best. A translated online application is not enough, especially for older business owners who may not be as digitally savvy.”
        A + A + A studio, Chinatown

        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assistance


        HOW TO IMPLEMENT As part of the permanent Open Streets program managed by the DOT (Public Space Unit), the Agency, with support of Borough Offices, should consider compensating on-the-ground outreach and engagement specialists whose main responsibilities are to effectively communicate all Open Street design, planning, programming processes to local residents and stakeholders.

        These Open Street Liaisons should either be identified by Open Streets applicants (through the application form “Outreach Plan Section”), or appointed by DOT Borough Offices, and should serve as ombudsman between the DOT and local communities for all matters relating to the local Open Street. The Liaison should be responsible for recording stakeholder engagement feedback and reporting back to the DOT, as well as measuring impacts of the Open Streets that they each oversee (using standard metrics and evaluation methodologies determined by the DOT). 



        Currently, there is no accountability measure in place to ensure that Open Streets applicants conduct robust outreach and engagement with local stakeholders, even if their intention to do so is laid out in the outreach plan submitted during the application process. With the proposed Public Realm Working Group’s suite of community outreach and engagement resources and training programs (see previous recommendation), Open Street Liaisons would be armed with the right resources to lead outreach and engagement on behalf of the DOT’s local Open Streets.



        Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  





        A diverse group of people perform a line dance at an Avenue NYC event in Long Island City, Queens.
        ︎ NYC SBS

        Avenue NYC

        City of New York, NY


        The Avenue NYC program by the Department of Small Business Services (SBS) is a model organizational development grant program that provides neighborhoods with technical assistance by funding a temporary staff role at a community-based organization. Avenue NYC managers are each trained to use a standard methodology and evaluation framework to diagnose market opportunities in local commercial districts. Findings from their evaluations are made publicly available each year and enable the SBS to compare needs across commercial districts in low-to-moderate income neighborhoods. A similar program design may be applied by the DOT to create funded roles for Open Streets Liaisons and standard evaluation frameworks.







        Neighborhood Open Streets How-To Guide

        City of Kansas City, MO



        The Neighborhood Open Streets How-To Guide provides community partners with a robust resource for planning, setting up, evaluating, and tearing down Open Streets quickly and cheaply. 

        Learn more: Kansas City Open Streets How-to-Guide


        Cover of the KCMO Neighborhood Open Streets How-To Guide, featuring an illustration of the outline of the state of Missouri, filled with figures running, scooting, and biking.
        ︎ KCMO Public Works

        WHO DOES THIS HELP?
        The DOT would directly benefit from the support of well-trained and well-resourced community-based partners who can conduct on-the-ground outreach and engagement more effectively. These groups are familiar faces to local residents and businesses. They often have long-standing, trusted relationships with key stakeholders in the community that can help reduce contentiousness and misperceptions of any public realm programs and planning or design efforts. Most importantly, community-based partners can help reframe any local issues into relevant questions for City agencies, and share relevant communications from City agencies with their communities in accessible language.





        [ RECOMMENDATION ]

        13. Create guidelines and programs for licensed street vendors for the activation of the public realm.



        WHY Street vendors have been important to the fabric of New York’s neighborhoods for a long time. These microbusinesses face challenges in order to operate in our public realm— in particular, caps on general vendor licenses as well as the inevitable waiting lists and black markets that result from these caps. Additionally, there are many other important uses of the public realm, including waste management, movement of goods, people and public safety. The passing of Intro 1116 law puts in place a plan to add 400 more mobile food vendor permits every year for ten years, starting in 2022. However, a great amount of unmet need will still exist. How to balance these competing needs in the public realm fairly, legally, and openly remain important questions.



        GOALS
        ︎ A User Experience
        ︎ B Long-Term Coordination
        ︎ C Inclusive Design
        ︎ D Collaboration and Communication
        ︎ E Support commerce and entrepreneurship


        CATEGORY / TYPE
        ︎ Process / Regulatory Framework
        ︎ Funding
        ︎ Technical Assistance
        “Bare minimum: don’t forget that street vendors are there and are part of the business economy. Make sure you include them in conversations around public spaces if you're talking to neighboring brick-and-mortar businesses too.”
        Shrima Pandey, Jackson Heights resident


        HOW TO IMPLEMENT First, the City would need to acknowledge that licensed street vendors are microbusinesses. These entrepreneurs in our public realm activate our streets, sidewalks and plazas—often, for longer hours each day than brick-and-mortar storefronts. With this acknowledgement, key City agencies such as the DOT, the Department of Small Business Services, the Department of Health, and the Department of Consumer and Worker Protection would need to partner, perhaps through the Public Realm Working Group (see previous recommendation), to:

        ︎ Develop a suite of tools and resources to support and manage vendors in the public realm, such as multilingual training sessions and guidelines on where and how to effectively operate in the public realm, including information on alternative available permits and available concessions RFPs for plazas and Open Streets.

        ︎ Develop a clear map of potential vending areas in commercial districts with special designations, support, and regulation.

        ︎ Appoint street vendor liaisons (by borough) who would serve as an ombudsman between the previously identified City agencies and local street vendors.


          These resources should be made available on a dedicated “Street Vendor” page on the City’s website (administered in partnership by the Department of Small Business Services, and the Department of Consumer and Worker Protection). It should remain the central repository for all updates on regulations and programs impacting our public realm street vendors.

          In the long term, the City should consider allowing CBOs or a consortium of permitted vendors to apply to manage "designated vending zones" that promote new and innovative vending practices.This would support strong vending practices and would protect other public realm interests. The permit should allow for flexible site-planning on sidewalks, streets, and other public spaces to be managed by a community-based organization. Participating street vendors would have access to other permits and thus not be subject to statutory vending caps.

          Care should be taken to formalize the “natural occurring” markets where vendors congregate but don’t have a CBO or plaza management partner, i.e. Corona Plaza, and not relocated to marginal sites. Revenue from vendors,  in the form of market charges, a percentage of sales, or another metric, can be used for market maintenance, cleaning, sanitation removal, commissary space, and other public amenities.



          Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  


          Three men waiting to order at a pink food truck, colored with cartoon illustrations of bacon.
          ︎ FLICKR

          Food Truck Vending Program

          City of Cambridge, MA


          The City of Cambridge Food Truck Program demonstrates an administration’s acknowledgement that street vending is an entrepreneurial opportunity and an additional street-level amenity on Cambridge’s public spaces. The program helps incubate food truck businesses, with a focus on women- and minority-owned businesses and first-time food truck operators, by dedicating specific vending spots across the City at a low cost (typically $30 to 50 per shift of four to six hours) to program participants. This enables street vendors to easily operate in compliance with City regulations (program administrators provide permitting and licensing support) in prime locations (popular street corners, parking spaces near large plazas) that would otherwise be difficult to secure.


          Corona Plaza Project

          City of New York, NY


          The Corona Plaza Project” demonstrated the effectiveness of simply mapping out and designating key spots within a single location for street vendors to be able to operate cohesively with one another. This stakeholder-driven solution was led by street vendor liaisons who communicated directly with the relevant enforcement entities: the Department of Health and Mental Hygiene, the Department of Consumer and Worker Protection, and the local police precinct.





          Children play with blocks on a wooden table at Corona Plaza Queens.
          ︎ Streetlab


          [ RECOMMENDATION ]

          14. Establish a city-wide permit and technical assistance program for retail experiential markets.



          WHY
          Pop-up or temporary retail experiential markets are rapidly growing and increasingly crucial ways to activate public spaces in commercial districts. They enable microbusinesses and local entrepreneurs to test markets in low-cost and tactical ways, while also exposing consumers to new products and services that often complement offerings in brick-and-mortar storefronts.

          Currently, these types of retail experiential markets are most commonly found in privately-owned storefronts in New York City, where the use and design of space is far more flexible (at the discretion of property owners) and is permissible with general vendor license (DCWP) and/or temporary food service establishment permits (DOHMH).

          Bringing these market concepts out into the public realm, however, is incredibly challenging. Market operators across the city who have tested these types of activations in City parks or plazas expressed the significant costs and hurdles that need to be overcome. In particular, the existing regulatory framework does not acknowledge retail experimental markets. For example, existing Farmers Market permits restrict the items that can be sold and SAPO Street Fair and Event permits restrict the duration and length of markets (e.g. single day/single block).

          Furthermore, in plazas, which are typically prime locations for such retail experiential markets due to available power hookups, utilities, and the sizes of the spaces, the City decouples maintenance agreements with community organizations from their ability to generate revenue from the plaza. Maintenance partners, by agreement with the City, cannot host their own events or use the space for a temporary business (i.e. 29 day concession).

          GOALS
          ︎ A User Experience
          ︎ B Long-Term Coordination
          ︎ C Inclusive Design
          ︎ D Collaboration and Communication
          ︎ E Support commerce and entrepreneurship


          CATEGORY / TYPE
          ︎ Process / Regulatory Framework
          ︎ Funding
          ︎ Technical Assistance
          “Why can’t we do a food market, cultural happening that goes in all five boroughs? It could celebrate local commerce, bring some of globality into those locations, local artists with that community. We need to create a unified organization: one social media, like Nycgo, or Summerstage. Creating that system allows you to get sponsorship, unified info, unify the expenses, consistency, find employees.”
          Marco Shalma, Bronx Night Market




          HOW TO IMPLEMENT In order to acknowledge that retail experiential markets are core components of public realm activations, the City should establish a new kind of market permit that may be issued on a short-term and/or long-term basis (i.e. 30 days, 90 days, 120 days, annual), with opportunity to renew easily. The permit should allow for flexible site-planning on plazas (and other public spaces) to be managed by a community-based organization.

          This new permit should be supplemented by financial and technical resources that support market operators and managers, and that incubate local microbusinesses (including other recommendations in this brief: see “Establish a public realm activation grant/funding resource” and see “Provide pre-approved list of on-call technical assistance providers and equipment/furniture vendors”) .



          “Supporting small biz doesn’t just end at providing them a temporary space to do commerce. Educate them, support them from the ground up. Work with them to get compliance. Talk to them to get their story, pitch to the media. Brief them for how to be on TV. We’re building a community of vendors.”
          Marco Shalma, Bronx Night Market




          ︎ MASC Hospitality

          Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  




          GreenMarket

          City of New York, NY


          Farmers markets are currently permitted to operate on City properties through a unique permit issued by SAPO: the “Farmers Market Permit”, which allows a nonprofit organization (which, in most cases, is operated by GreenMarket - a program of GrowNYC - a privately funded nonprofit organization) to hold an open-air market on the City’s sidewalks. Farmers markets primarily feature vendors with products grown, raised, caught or baked by local farmers, fishers and bakers.



          WHO GETS IT DONE
          The program (including the permit application, and financial and technical assistance) should be co-administered by the Department of Small Business Services (lead for financial and technical assistance) and partners: SAPO, the DOT, the Department of Health, and the Department of Consumer and Worker Protection.

          WHO DOES THIS HELP
          51% of all business owners predict their business will not survive 12 months — more than twice the 20% first-year failure rate among new businesses in prior years. This rate is even higher among minority business owners: 73% of Black entrepreneurs predict their business may fail within the year and 71% of Asian American and Pacific Islander business owners are likewise concerned. As such, it is important for us to make new low-cost and highly visible spaces (at public space short-term/temporary retail experiential markets) available for microbusinesses and entrepreneurs to promote and sell products and services.




          ︎ Nur Asri

          Shoppers at the Bowling Green Farmers Market.


          [ RECOMMENDATION ]

          15. Make Open Storefronts a permanent City program.



          WHYCustomer attention is often short-lived—especially now, as customers are being more selective in how and where they spend their time and their dollars. With the rise of e-commerce and other disruptions now, more than ever, storefronts and their frontage zones (typically the one-to-two-foot sidewalk area adjacent to the property line, where transitions between the space within buildings and the public realm occur) need to be optimized through a mix of temporary or ad-hoc signage, furniture, and seasonal merchandise displays to grab a customer’s attention and shape positive first impressions.

          The pandemic-era Open Storefronts Permit (zero cost, simple digital application with self-certification capability) enabled the activation of the frontage zone by allowing eligible businesses (retail trade, food service, repair stores, personal care services, and dry-cleaning and laundry services) to conduct activity on sidewalks and was, during the pandemic, an alternative regulation to the Revocable Consent Permit and Stoop Line Stand License.

          Although the uptake of the permit, compared with Open Restaurants, was lower (many stakeholders shared that the permit launched late in the pandemic and during the less ideal colder months of 2020), it significantly lowered barriers for businesses that needed to spill out onto the sidewalk to increase visibility and signal that they were open for business.

          The Open Storefronts program was eventually expanded to include food service establishments, allowing restaurants to participate in both Open Restaurants and Open Storefronts. The public could now enjoy a sit-down meal along the curb or purchase a grab-and-go item at the sidewalk, embracing our public space as multi-purpose spaces.
          GOALS
          ︎ A User Experience
          ︎ B Long-Term Coordination
          ︎ C Inclusive Design
          ︎ D Collaboration and Communication
          ︎ E Support commerce and entrepreneurship


          CATEGORY / TYPE
          ︎ Process / Regulatory Framework
          ︎ Funding
          ︎ Technical Assistance


          HOW TO IMPLEMENT The proposed Public Realm Working Group should launch a permanent Open Storefronts permit that allows ground floor businesses to expand commercial activity within a prescribed frontage zone. The frontage zone may vary based on sidewalk width in the district but should allow eligible activities such as those allowed in the pandemic: put up temporary signage (e.g. A-frames), display shelves, furniture and goods, seating and ropes/stanchions, conduct promotional activities, complete transactions, sell packaged food and drink, and designate space for outdoor drop off and pick up of customer purchases or take-out operations.




            The proposed Public Realm Working Group should also evaluate whether unrelated businesses can occupy the frontage zone with the permission of the indoor business. Encouraging innovative co-location sharing amongst businesses could be helpful in an expensive urban market like New York and would support entrepreneurs starting businesses who find that operating in the public realm is low-cost and perhaps the only viable alternative to leasing out entire storefronts.



            Case Study ︎︎︎  Case Study ︎︎︎  Case Study ︎︎︎  




            Temporary Activation Permit

            City of Seattle, WA

            During the pandemic, the City of Seattle streamlined its permitting process for temporary activations, allowing business applicants to activate its “Temporary Use Areas” with outdoor merchandise display for a time limited period—up to either four weeks or six months. The permit application process is fully available online and requires a site plan, photo or concept image, and certificate of insurance on the part of the business applicant. 




            ︎ Alfresco NYC

            Public Frontage Standards

            City of New Rochelle, NY

            The City of New Rochelle has assigned classifications to streets in its downtowns to allow property owners and business owners to more easily identify the widths of the sidewalks that are designated as “Public Frontage” or “Transition Zones,” which may be used for storefront activation and furnishings. This eliminates any confusion between stakeholders and the Planning Department on what segments of the sidewalk may be used for transitory activation.
            WHO DOES THIS HELP
            Retail and non-retail businesses