26-27 - Waiver of Bulk Regulations Within Unimproved Streets

LAST AMENDED
2/2/2011

In R3, R4 and R5 Districts, and in C1 and C2 Districts mapped within R3, R4 and R5 Districts, and in C3 Districts, the City
Planning Commission may authorize the waiver of #bulk# regulations for:

(a)    #zoning lots# with #private roads# that access at least 20 #dwelling units# consisting in part of construction within
        #streets# that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to
        Section 35 of the General City Law; and

(b)    #zoning lots# with #private roads# that access fewer than 20 #dwelling units# consisting in part of construction within
        #streets# that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to
        Section 35 of the General City Law and where such #zoning lot# has received an authorization pursuant to paragraph
        (a) of Section 26-26;

The Commission may authorize the waiver of #bulk# regulations affected by such #streets# where #buildings# would be #non-
complying# absent such waiver, provided the Board of Standards and Appeals has prescribed conditions pursuant to Section 35
of the General City Law which require the #buildings# or portions thereof to be located within the unimproved #streets# to be
compliant and conforming to the provisions of this Resolution. Such waivers shall only be as necessary to address #non-
compliance# resulting from the location of the #buildings# within and outside the unimproved #streets#.

The Commission shall find that the #private roads# are adequate to serve present and future transportation needs and that,
through the grant of such waivers, the #development# complies to the maximum extent feasible with all applicable zoning
regulations as if such unimproved #streets# were not mapped, and that the #private road# system results in a good site plan.