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What is NYC ZR § 119-40?

Quick Answer

This section outlines the consequences of undertaking development, enlargement, or site alterations contrary to zoning provisions, including the revocation of permits by the Department of Buildings. It establishes requirements for compliance and restoration plans certified by the City Planning Commission. Applies to property owners involved in zoning lot alterations.

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

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§ 119-40 COMPLIANCE

ZR § 119-40

In the event that a development, enlargement or site alteration is undertaken, or has been undertaken, contrary to the provisions of this Chapter, any permit issued by the Department of Buildings for any use, development, enlargement or site alteration on the affected zoning lot shall be revoked.

No building permit or permanent certificate of occupancy shall be issued by the Department of Buildings for any use, development, enlargement or site alteration on such zoning lot until the violations are removed from the zoning lot, pursuant to a restoration plan certified by the City Planning Commission.

If such violations have not ceased within 90 days of receipt of the Commission's requirements, the Department of Buildings shall institute such action as may be necessary to prosecute the violations. For compliance with restoration requirements to remove violations, the Department of Buildings may allow an additional 90 days.

Where on-site restoration of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the Special Hillsides Preservation District. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.

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