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What is NYC ZR § 78-51?

Quick Answer

This section outlines the provisions for subdividing large-scale residential developments into multiple zoning lots, which may have different ownerships. It establishes that all resulting lots must comply with applicable regulations, and includes conditions for subdivisions related to authorizations or forced sales. Applies to developers of large-scale residential projects.

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

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§ 78-51 General Provisions

ZR § 78-51

A large-scale residential development may be subdivided before, during or after development into two or more zoning lots which may be in different ownerships, provided that either:

(a)all resulting zoning lots and all buildings thereon comply with all the applicable regulations of this Resolution;

(b)such subdivision conforms to a subdivision plan which was included as part of the application for authorizations or special permits under the provisions of this Chapter and whose execution has been authorized in the grant of such authorizations or special permits; or

(c)such subdivision is made necessary by forced sale or foreclosure of a portion of such large-scale residential development, but can be accommodated to any authorization or special permit granted pursuant to the provisions of this Chapter.

All zoning lots resulting from such subdivisions shall be subject to all the applicable regulations of this Resolution or, in the case of a large-scale residential development for which any modifications were granted in accordance with the provisions of this Chapter, shall be subject to the terms, conditions and limitations of the large-scale residential development plan as approved.

In any subdivision of a large-scale residential development for which such modifications were granted, covenants running with the land which shall permit of public or private enforcement, reflecting the terms, conditions and limitations of the large-scale residential development plan, as approved, shall be incorporated in the deed to each parcel conveyed.

Such subdivision may result in commonly or separately owned common open space or common parking areas, as set forth in Sections 78-52 (Common Open Space) or 78-53 (Common Parking Areas).

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