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What is NYC ZR § 105-421?

Quick Answer

This section outlines the conditions under which the City Planning Commission may modify topographic features on Tier I sites within Special Natural Area Districts. The modifications must not disturb drainage patterns, minimize impact on surrounding features, and align with the natural characteristics of the site. Applies to developers seeking alterations in designated areas.

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

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§ 105-421 Modification of topographic features on Tier I sites

ZR § 105-421

The topographic features, including natural topography and topsoil, existing at the time of designation of a Special Natural Area District may be modified by the City Planning Commission, provided that the Commission finds that:

(a)development, enlargement and site alteration is not feasible without such modification, or that the requested modification will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;

(b)such modification, including any removal of topsoil, will not disturb the drainage pattern and soil conditions in the area;

(c)such modification of topography has minimal impact on the existing topographic features of the surrounding area and blends harmoniously with it;

(d)such modification is the least modification required to achieve the purpose for which it is granted; and

(e)the development, enlargement or site alteration takes advantage of the natural characteristics of the site.

Where permits are required from a City agency, the Commission shall request a report from such agency, and the provisions of Section 105-93 (Inter-agency Coordination) shall apply.

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