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What is NYC ZR § 144-35?

Quick Answer

This section mandates that no excavation or building permit is issued for developments requiring a public access area in specified subareas until the Chairperson of the City Planning Commission certifies compliance with Section 144-30. Applies to developers in the Navy Street Central, Barge Basin East, and Barge Basin West Subareas.

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

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§ 144-35 Chairperson Certification of Waterfront Compliance and Phasing

ZR § 144-35

No excavation or building permit shall be issued for any development or enlargement requiring the provision of a public access area in the Navy Street Central Subarea, the Barge Basin East Subarea, or the Barge Basin West Subarea until the Chairperson of the City Planning Commission certifies to the Department of Buildings or Department of Small Business Services, as applicable, that a complete application has been submitted showing compliance with the applicable provisions of Section 144-30, inclusive.

Within 45 days of submission of such complete application, the Chairperson shall either certify that the proposed public access area complies with the requirements of this Section or disapprove such complete application in writing, citing the nature of any failure to comply. Failure to certify or disapprove such complete application within the 45-day period will release the Department of Buildings or the Department of Small Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.

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