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What is NYC ZR § 127-04?

Quick Answer

This section provides definitions for terms related to publicly accessible private streets, including 'conceptual plan', 'final site plan', 'interim site plan', and 'publicly accessible private street'. These definitions are essential for compliance with zoning regulations. Applies to property owners involved in the development of such streets.

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

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§ 127-04 Definitions

ZR § 127-04

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 32-301 (Definitions) and within this Section, except where explicitly stated otherwise in individual provisions in this Chapter.

Conceptual plan

A “conceptual plan” is a plan that sets forth the proposed final design, in compliance with the requirements of Section 127-421 (Requirements for publicly accessible private streets), for the remaining portions of the publicly accessible private street or upland connection certified pursuant to paragraph (b)(1)(i) of Section 127-422 (Certification for publicly accessible private streets), or paragraph (a)(1)(i) of Section 127-542 (Supplemental provisions), respectively. The plan shall include the proposed location, dimensions and grading for such remaining portions on adjoining zoning lots and shall be considered by the Chairperson of the City Planning Commission in reviewing the proposed final site plan for such remaining portions, if and when they become the subject of a certification pursuant to paragraph (b)(2) of Section 127-422 or paragraph (a)(2) of Section 127-542.

Final site plan

A “final site plan” is a plan that specifies the final design for the location, dimensions, and grading of all or portions of the publicly accessible private streets or upland connection that are the subject of a certification pursuant to paragraphs (a) or (b) of Section 127-422 or paragraphs (a)(1) or (a)(2) of Section 127-542. Where applicable, the design of such plan shall be consistent with any conceptual plan for the same portion of the publicly accessible private street or upland connection and, once certified and implemented in accordance with paragraph (b) of Section 127-422 or paragraph (a) of Section 127-542, such plan shall supersede any interim plan for the same portion of a publicly accessible private street or upland connection.

Interim site plan

An “interim site plan” is a plan that specifies, for an interim period, the design for the location, dimensions, and grading of portions of the publicly accessible private street or upland connection that are the subject of a certification pursuant to paragraph (b)(1) of Section 127-422 or paragraph (a)(1) of Section 127-542 and located on the applicant’s zoning lot. A design for an interim period is necessary where it is not feasible to implement the final design for such portions until build-out of the remaining portions of the publicly accessible private street or upland connection occurs. Such interim site plan, once certified, shall remain in effect until implementation of the final site plan in accordance with paragraph (b) of Section 127-422 or paragraph (a) of Section 127-542, at which time the certified final site plan shall supersede the interim site plan.

Publicly accessible private street

A “publicly accessible private street” is a way specified on Map 2 in the Appendix to this Chapter that functions as a street for the purposes of general public use, including vehicular and pedestrian traffic, and is open and unobstructed from its ground level to the sky, except by streetscape elements required or permitted by the provisions of this Chapter.

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