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What is NYC ZR § 78-53?

Quick Answer

This section outlines the requirements for common off-street parking areas in large-scale residential developments. It stipulates that such areas must be included in the subdivision plan, maintained according to an approved maintenance plan, and ensure continued availability through covenants. Applies to developers and property operators 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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§ 78-53 Common Parking Areas

ZR § 78-53

An area designated on the site plan of a large-scale residential development as "common off-street parking area" and on the subdivision plan as an area to be held in separate ownership for use by the occupants or visitors of specified zoning lots shown on such subdivision plan may be approved as part of such subdivision plan, provided that it shall meet the following requirements:

(a)it shall be made available in its improved state as set forth in the site plan in accordance with an approved time schedule;

(b)it shall be maintained in accordance with an approved maintenance plan specifying what such maintenance shall consist of, whose responsibility it shall be, and assuring satisfactory execution of maintenance; and

(c)provisions to ensure its continuing availability shall be included in the covenants to be served by such common off-street parking area.

The approval of a subdivision plan which includes common off-street parking areas shall be conditioned upon a finding that these requirements are met.

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