NYC Zoning Resolution

§ 107-77 — Community Facility Buildings or Treatment Plants Permitted in Designated Open Space

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What is NYC ZR § 107-77?

Quick Answer

This section allows the City Planning Commission to grant special permits for constructing sewage disposal plants, pumping stations, or community facilities in designated open spaces, provided specific conditions are met. Applies to developers seeking to build in designated open spaces while ensuring continuity and quality of the area.

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

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§ 107-77 Community Facility Buildings or Treatment Plants Permitted in Designated Open Space

ZR § 107-77

The City Planning Commission may grant special permits for the construction of sewage disposal plants or pumping stations or community facility uses listed in Section 78-352 (Bonus for community facility space) in designated open space where such uses are permitted by the underlying district regulations provided the Commission finds that:

(a)an amount of open area outside the boundary of the designated open space, at least equal to the coverage of any building or other structure permitted under this Section, shall be added to the designated open space, and action shall be taken to change the boundary of the designated open space pursuant to Section 107-76 (Boundary Adjustments in Designated Open Space);

(b)such added open area forms a continuous part of the open space network, and does not interrupt or foreclose the continuity of a public pedestrian way;

(c)such added open area shall contain natural (aquatic, botanic, geologic or topographic) features that are equal or better in quality to those displaced by the development; and

(d)such sewage disposal plants and sewage pumping stations meet the requirements of Section 74-143, inclusive.

The City Planning Commission may prescribe appropriate conditions and safeguards to enhance the character of the designated open space.

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