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What is NYC ZR § 119-213?

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This section outlines the grading controls applicable to Tier II sites, specifying requirements for cut and fill slopes, drainage, and retaining wall design. It mandates that grading activities be limited to within 15 feet of a building foundation and establishes various slope stability and setback regulations. Applies to building owners involved in grading activities near structures.

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

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§ 119-213 Grading controls

ZR § 119-213

With the exception of private roads and driveways, no grading shall take place beyond 15 feet of the location of a building foundation, measured from the foundation perimeter. The following grading requirements shall apply to all Tier II sites.

(a)Cut slopes shall be no steeper than two horizontal to one vertical; subsurface drainage shall be provided as necessary for stability.

(b)Where two cut slopes intersect, the corners shall be rounded with a minimum radius of 25 feet.

(c)Fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes 2:1 or steeper, or where fill slope toes out within 12 feet horizontally of the top of an existing or planned cut slope.

(d)Excavating for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material, or imported from outside the Special Hillsides Preservation District.

(e)Fills shall be compacted to at least 95 percent of maximum density, as determined by AASHTO T99 or ASTM D698.

(f)All retaining walls or cuts with a total vertical projection in excess of three feet and associated with cut or fill surfaces shall be designed as structural members keyed into stable foundations and capable of sustaining the design loads.

(g)The edge of any cut or fill slope meeting the grade existing on June 30, 1987, should be blended into such grade in a vertical or horizontal arc with a radius of not less than 25 feet.

(h)The top and toe of any cut or fill slope, or where any excavation meets the grade existing on June 30, 1987, should be rounded in a vertical arc with a radius of not less than five feet.

(i)Tops and toes of cut and fill slopes shall be set back from lot lines for a horizontal distance of three feet plus one-fifth the height of the cut or fill but need not exceed a horizontal distance of 10 feet; tops and toes of cut and fill slopes shall be set back from buildings and structures a horizontal distance of six feet plus one-fifth the height of the cut or fill but need not exceed a horizontal distance of 10 feet.

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