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What is NYC ZR § 127-421?

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This section outlines the requirements for publicly accessible private streets, including accessibility standards, construction dimensions, and sidewalk specifications. The Department of Transportation is responsible for enforcing these standards. Applies to property owners developing or maintaining privately owned streets that are open to public access.

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

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§ 127-421 Requirements for publicly accessible private streets

ZR § 127-421

Publicly accessible private streets shall be:

(a)accessible to the public at all times, except when required to be closed for repairs, and for no more than one day each year in order to preserve the private ownership of such area. Where an upland connection is designated on a publicly accessible private street as specified on Map 6 (Waterfront Access Plan: Public Access Areas) in the Appendix to this Chapter, the provisions of this paragraph shall supersede the hours of access provisions applicable to an upland connection;

(b)constructed to the dimensions specified on Map 2 (Publicly Accessibly Private Street Network) in the Appendix to this Chapter and be constructed to Department of Transportation standards for public streets including, but not limited to, sidewalks, curb design, lighting, traffic signage, pavement materials, drainage and crosswalks. In addition, where an upland connection is designated on a publicly accessible private street as specified on Maps 7 and 8 (Phase I and Phase II Waterfront Public Access Improvements, respectively) in the Appendix to this Chapter, the upland connection design requirements of Section 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), inclusive, shall apply; and

(c)constructed with sidewalks that have a minimum clear path of eight feet along their street lines, except where an upland connection is designated on a publicly accessible private street. Such sidewalks shall be provided with street trees in accordance with the provisions of Section 26-41 (Street Tree Planting), except that such street trees shall be planted within a street tree pit or a raised planting bed, with at least 180 cubic feet of soil for each tree, and with a minimum horizontal width of four feet and vertical depth of 3 feet 6 inches, and such planting pit or raised planting bed shall be located adjacent to, and extend along the curb.

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