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What is NYC ZR § 119-317?

Quick Answer

This section allows the City Planning Commission to authorize variations in requirements for private roads and driveways on Tier II sites during development or site alterations. The Commission must find that the modifications are necessary and will not adversely affect drainage, topography, or vegetation. Applies to developers and property operators on Tier II sites.

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

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§ 119-317 Modification of requirements for private roads and driveways

ZR § 119-317

For any development, enlargement or site alteration, 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 119-214 (Tier II requirements for driveways and private roads) as well as the requirements of Sections 25-621 (Location of parking spaces in certain districts), 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas) and 25-631 (Location and width of curb cuts in certain districts).

In order to grant such authorizations, the Commission shall find that:

(a)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;

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

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

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

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

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