ZONING FOR ACCESSIBILITY by YuhTyng Patka, Esq. & Robin Kramer, Esq.; Duval & Stachenfeld LLP
A major amendment to the NYC Zoning Resolution is
The first proposed change would require developers of sites
being proposed that would have far-reaching impact on
larger than 5,000 sf within 50 feet of a subway or rail station to
timing and cost of construction for most developers whose
obtain a certification from the Chair of City Planning before
properties are close to a subway or rail station.
any building permit or foundation permit for development
The City’s proposal, called Zoning for Accessibility or Elevate Zoning Accessibility, is intended to improve accessibility to subway and rail stations. This proposal would
or enlargement was approved by DOB. This required certification is likely to increase time and costs to the developer. The purpose of the City Planning certification would be for the MTA to determine if an easement from the property to
1. require easements from property owners to allow the
the subway station was needed. If it’s determined that an
MTA to construct an elevator or other improvements on
easement on the development site was needed to provide
their property if the MTA determined that an easement
additional access or other facilities, the property owner
was needed; and
would be required to give the agency such an easement.
2. expand the areas where floor area bonuses could be
Where an easement was required, relief from certain
obtained where a developer constructs an improvement
provisions of the Zoning Resolution would be provided,
to subway or rail station accessibility.
including the following, among others: the easement area
8
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