NYC Zoning Resolution

§ 11-42 — Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution

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What is NYC ZR § 11-42?

Quick Answer

This section outlines the conditions under which an authorization or special permit granted by the City Planning Commission lapses if substantial construction is not completed within four years. It specifies exceptions for urban renewal areas, phased construction programs, and judicial proceedings. Applies to developers and property owners seeking permits under the 1961 Zoning Resolution.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-42 Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution

ZR § 11-42

(a)Except as otherwise provided in paragraphs (b), (c) or (d) of this Section, any authorization or special permit granted by the City Planning Commission under the provisions of the 1961 Zoning Resolution shall automatically lapse if substantial construction, in accordance with the plans for which such special permit or authorization was granted, has not been completed within four years from the effective date of such permit or authorization. Substantial construction shall mean, in the case of a new building or buildings, the substantial construction of at least one building.

(b)Any authorization or special permit for a site that is part of an urban renewal area or other government-sponsored or government-assisted project shall automatically lapse within four years from the date of the applicant's possession of the site, or sites, or the effective date of an authorization or special permit, whichever is later; or

(c)Upon a showing that a longer time period for substantial construction is required for a phased construction program of a multi-building complex, the Commission may, at the time of granting an authorization or special permit, extend the period set forth in paragraph (a) of this Section to a period not to exceed 10 years; or

(d)In the event judicial proceedings have been instituted to review the decision to grant any authorization or special permit, the lapse period set forth in paragraph (a), (b) or (c) of this Section, whichever is applicable, shall commence upon the date of entry of the final order in such proceedings, including appeals.

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