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What is NYC ZR § 105-433?

Quick Answer

This section allows the City Planning Commission to authorize variations in grading controls for developments on Tier II sites. The Commission must determine that the modifications are necessary for feasibility, minimal in impact, and beneficial to the surrounding area. Applies to property owners involved in site alterations or developments.

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

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§ 105-433 Modification of grading controls

ZR § 105-433

For any development, enlargement or site alteration on a Tier II site, the City Planning Commission may authorize variations in the grading controls set forth in Section 105-34.

In order to grant such authorization, the Commission shall find that:

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

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

(c)the modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

(d)the modification will not disturb the drainage pattern and soil conditions of the area;

(e)the modification does not impair the essential character of the surrounding area; and

(f)the benefits to the surrounding area from the modification outweigh any disadvantages that may be incurred thereby in the area.

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