Among the many things that New Yorkers miss while stuck inside during the COVID-19 quarantine is hanging out in Privately-Owned Public Spaces (POPS). POPS can be found all over New York City. These are the plazas, arcades, sidewalk widenings and other public spaces that pedestrians, tourists and employees on a lunch break can enjoy.There are over 550 of them across NYC, providing amenities such as greenery, playgrounds, vendor kiosks, seating and tables, bicycle parking and other elements.

Signage has become an important issue in the management of POPS. Recently, the City Council adopted a zoning amendment that updates public signage and seating requirements for POPS that building owners will need to comply with.

Let's examine what has changed and what compliance steps you may need to take.

What are POPS?

The 1961 zoning resolution paved the way for the NYC POPS program by incentivizing private developers to provide public spaces in exchange for a bonus floor area ratio. The program was widely popular and by 1996 had led to the construction of 167 plazas and 87 arcades. While POPS have evolved greatly since the '60s — and may now take forms like covered pedestrian spaces and open-air concourses — there are a few core design principles that the City Council instituted in 2007.

These standards hold that POPS must be:

• Open and inviting at the sidewalk: Public spaces need to be easily seen and understood as being open to the public (which signage plays a role in). They should convey openness through clear sightlines, pathways and low design elements, while also providing seating and amenities adjacent to the sidewalk.
• Accessible: Entrance to public spaces should be at the same elevation as the sidewalk and enhance pedestrian movement.
• Safe and secure: Paths of ingress and egress must be easily accessible. Also, spaces should be lit well (including sidewalks connecting to public plazas) and oriented to visually connect with streets.
• Comfortable and engaging: Spaces should accommodate small groups and individuals with comfortable seating, as well as promote amenities. There should be a balance of open areas and greenery.

Currently, POPS have contributed more than 3.8 million square feet of additional public space in NYC, and can be found at nearly 400 buildings.

What's changed?

In 2019, the Department of City Planning (DCP) unveiled a new logo to be used in POPS signage. The winning design is titled "Have a Seat" and depicts playfully arranged chairs. It was made by an NYC graphic designer and chosen as part of an international competition. Local Laws 116 and 250 from 2017 had previously mandated the display of POPS signage.

"New York City is an urban maze with an ever-changing landscape," said City Council Member Ben Kallos. "POPS offer New Yorkers a reprieve and a place to rest, but if we cannot find them, what is the point? I hope New Yorkers become very familiar with the new logo and that the logo becomes synonymous with having a space to relax and enjoy a quiet moment in the middle of the City."

In conjunction with the release of the new design, the City Council adopted a rule that codified updated signage requirements for new and existing POPS. The rule went into effect Feb. 5, 2020. The City Council also made a change that allows for tables and chairs to be added to pre-1975 POPS that were previously disallowed from doing so under old regulations. The tables and chairs must be available to the public without restriction and must leave a minimum 5-foot clearance from any building entrance, a minimum 3-foot clear path for an arcade with a depth of 10 feet or less, and a minimum 6-foot clear path for an arcade with a depth greater than 10 feet.

How to comply

Clear, visible and readable signage is needed to communicate accurate information about POPS to the public. It's important property owners become familiar with the DCP's process for posting POPS signage, as many new steps and requirements have been instituted.

Firstly, prior to installing signage, owners must submit a design review package to the DCP.

What's included in the design review package?

1. Application form: Which can be found on this page.
2. Approved drawings: Including one copy of the most recently approved drawing(s) featuring the new logo.
3. Signage system plan: A detailed plan for a signage system in accordance with zoning provisions.

Any POPS without previously approved signage must file an application by Aug. 3, 2020. Those with previously approved signage have until Feb. 5, 2022 to file, but must update their signage to be fully compliant.

In accordance with Zoning Resolution Section 37-751, the submitted drawings should include;  a site plan that shows the location of proposed signage and detailed information (materials, dimensions, and content) on each type of sign proposed.

Regarding the signage itself, POPS must display two different signs:

• Entry plaque: To be posted at each sidewalk frontage or pedestrian entry point to the public space. It should be mounted on a wall or permanent free-standing post within 5 feet of the sidewalk, with its center 5 ft. above the nearest walkable pavement.
• Informational plaque: This is used for communicating information and required amenities, as well as the entity responsible for maintenance. It can be combined with the entry plaque or posted on a separate wall or permanent free-standing post within 5 ft. of the sidewalk.
  

The five basic components of POPS signage include:

1. Logo: The new "Have a Seat" logo selected in 2019.
2. Hours of operation: In 1-inch lettering.
3. Information: A list of required amenities, the current owner of the building (name, address, phone number, email), the person designated to maintain the POPS (name, address, phone, email) and the statement "Complaints or Questions: Call 311 and reference the POPS at [insert building address]." Lettering is 3/8ths of an inch in height.
4. Accessibility: POPS with access for persons with disabilities must include the International Symbol of Access that is at least 3 square inches and the statement: "This POPS is accessible to persons with disabilities."
5. Site map: Any POPS established on or after Oct. 17, 2017 must display a site map denoting its boundaries in relation to other structures on the zoning lot, adjacent streets and public ways.

For additional information and sample submission materials, refer to the DCP's Signage Standards & Specifications Guide.

Reach out to Milrose for help

If you have any questions or need assistance with meeting compliance for a POPS space, please contact Milrose Consultants. Our expert code, zoning, and permitting experts will be happy to assist you.