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What is NYC ZR § 105-434?

Quick Answer

This section allows the City Planning Commission to authorize modifications to requirements for private roads and driveways on Tier II sites. Modifications may be granted if they are necessary for feasibility, have minimal environmental impact, and enhance design quality. Applies to developers and property operators 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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§ 105-434 Modification of requirements for private roads and driveways

ZR § 105-434

For any development, enlargement or site alteration:

(a)the City Planning Commission may authorize variations in the requirements for private roads and driveways on any Tier II site as set forth in Section 105-35 (Tier II Site Requirements for Driveways and Private Roads), as well as the requirements of Sections 25-621 (Location of parking spaces in certain districts) and 25-631 (Location and width of curb cuts in certain districts) provided that:

(1)the development or enlargement 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;

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

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

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

(5)such modification will enhance the quality of the design of the development, enlargement or site alteration; or

(b)located on a zoning lot containing historic buildings designated by the Landmarks Preservation Commission within the New York City Farm Colony-Seaview Hospital Historic District, as shown on Map 2 in Appendix A of this Chapter, the City Planning Commission may authorize modifications or waivers of the requirements for private roads as set forth in Section 26-20 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS) through Section 26-27 (Waiver of Bulk Regulations Within Unimproved Streets), inclusive, and Section 26-30 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS) through 26-33 (Screening), inclusive, provided that such modification or waiver:

(6)is the least required to achieve the purpose for which it is granted; and

(7)will not reduce the required minimum width of the private road to a width less than 34 feet unless the Fire Department has approved such reduction and determined that emergency vehicles can adequately access and move within the site.

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