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

What is NYC ZR § 119-316?

Quick Answer

This section allows the City Planning Commission to authorize variations in grading controls for developments on Tier II sites if specific criteria are met. The modifications must be necessary for feasibility, have minimal impact on natural features, and not disturb drainage patterns. Applies to developers and property operators involved in site alterations.

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 →

§ 119-316 Modification of grading controls

ZR § 119-316

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 119-213.

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

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

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

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

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

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