Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 117-366?

Quick Answer

This section outlines the certification requirements for phased development of waterfront public access areas and upland connections by the Chairperson of the City Planning Commission. It specifies criteria for public access area proportions, compliance with dimensions, and connections to streets or existing access areas. Applies to developers of waterfront properties.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 117-366 Special review provisions

ZR § 117-366

The Chairperson of the City Planning Commission shall, by certification pursuant to Section 62-811 (Waterfront public access and visual corridors), further certify the following provisions as applicable:

Waterfront public access area phasing Where more than one building is developed in phases, the mandatory public access area may be constructed in phases, provided that the Chairperson certifies the following criteria are met: a plan has been submitted that provides for an amount of public access area proportionate to the amount of floor area being developed in each phase; the square footage of public access area provided in any phase is in proportion to the total public access area requirement based on the area being developed. Any public access area provided in an earlier phase in excess of the amount required for such phase may be applied to a later phase; the public access area being proposed in any phase shall not prevent the total amount of public access area required for such area from being achieved; any phased portion of the required public access area shall comply with the minimum widths and other dimensions required for the public access areas; any phased portion of the required public access area shall connect directly to either a street or an improved public access area; and a proportionate amount of planting and seating shall be included within each phase.

a plan has been submitted that provides for an amount of public access area proportionate to the amount of floor area being developed in each phase;

the square footage of public access area provided in any phase is in proportion to the total public access area requirement based on the area being developed. Any public access area provided in an earlier phase in excess of the amount required for such phase may be applied to a later phase;

the public access area being proposed in any phase shall not prevent the total amount of public access area required for such area from being achieved;

any phased portion of the required public access area shall comply with the minimum widths and other dimensions required for the public access areas;

any phased portion of the required public access area shall connect directly to either a street or an improved public access area; and

a proportionate amount of planting and seating shall be included within each phase.

Upland connection phasing Where an upland connection is designated on two or more parcels, and the portion of such upland connection located outside of the applicant’s parcel has previously been certified as part of a waterfront public access area, the Chairperson shall certify that the proposed upland connection on the applicant’s parcel is consistent with that of the prior certification, including with respect to the proposed amenities and design elements therein.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 117-366?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters