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What is NYC ZR § 95-12?

Quick Answer

This section outlines the process for terminating a transit easement volume on a zoning lot when the Metropolitan Transportation Authority and the City Planning Commission jointly notify the Department of Buildings and the property owner. It specifies that upon termination, certain public use requirements must be met. Applies to owners of zoning lots affected by transit easements.

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

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§ 95-12 Termination of Transit Easement Volume

ZR § 95-12

In the event that the Metropolitan Transportation Authority and the City Planning Commission jointly notify the Department of Buildings and the owner in writing that a transit easement volume is not required on a zoning lot in its final construction plans, the restrictions imposed on such zoning lot by the provisions of this Chapter shall lapse, following receipt of notification thereof by the owner, and the owner shall have the right to record an instrument reciting the consent of the Metropolitan Transportation Authority to the extinguishment of the easement volume. On any zoning lot which has been developed or upon which a building is enlarged in accordance with the provisions of Section 95-07 and on which termination of transit easement has been certified, pursuant to this Section, any open, enclosed or arcaded area reserved for transit easement at curb level shall be provided for public use with lighting, landscaping, trees, substantial artwork and sitting facilities.

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