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What is NYC ZR § 95-041?

Quick Answer

This section requires the owner of a zoning lot within the Special Transit Land Use District to apply for certification from the Metropolitan Transportation Authority and the City Planning Commission before filing for excavation or building permits. The certification determines if a transit easement volume is necessary, affecting property owners seeking development or enlargement.

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

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§ 95-041 For developments or enlargements

ZR § 95-041

Prior to filing any applications with the Department of Buildings for an excavation permit or building permit for a development or enlargement within the Special Transit Land Use District, the owner of the zoning lot shall file an application with the Metropolitan Transportation Authority and the City Planning Commission requesting a certification as to whether or not a transit easement volume is required on the zoning lot.

Upon receipt of the completed application, the Commission shall furnish a copy to the affected Community Board.

Within 60 days after receipt of such application, the Metropolitan Transportation Authority and the Commission shall jointly certify whether or not an easement is required on the zoning lot. Failure to certify within the 60-day period will release the owner from any obligation to provide a transit easement volume on such zoning lot.

When the Metropolitan Transportation Authority and the Commission indicate that such easement is required, the owner shall submit a site plan indicating the location and type of easement volume that would be most compatible with the proposed development or enlargement on the zoning lot for joint approval and final certification by the Metropolitan Transportation Authority and the Commission. Copies of such certification shall be forwarded by the City Planning Commission to the Department of Buildings.

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