BBG News

“UP-ZONING”: Land Use and Zoning Law Updates

Jan 31, 2024

Development Opportunities in East Bronx

Last week, the New York City Planning Commission launched the public review process for land use applications involving two planned Metro-North stations on the New Haven line.

The proposed plan complements the development of the four new Metro-North stations in East Bronx, including new stations at Hunts Point, Co-Op City, Morris Park, and Parkchester/Van Nest. These four new Metro-North stations are expected to open in 2027.

No zoning changes are proposed in the vicinity of the Hunts Point and Co-Op City stations.

Surrounding the future Morris Park and Parkchester/Van Nest Metro-North stations, the proposed zoning actions, which include zoning map amendments, zoning text amendments, and changes to the City Map, would facilitate the creation of nearly 7,500 new units, including 1,900 permanently affordable units.

The proposal seeks to provide greater access to transportation, as well as improvements to infrastructure, public amenities, and open spaces, and the creation of 10,000 jobs by supporting commercial corridors, creating workforce training programs, and supporting major community institutions, including Jacobi Medical Center, Montefiore/Einstein Hospital, Calvary Hospital, and the Hutchinson Metro Center.

Now that the land use applications are certified, they will undergo a 7-month public review process, beginning with reviews and recommendations by the applicable local community boards, followed by the Bronx Borough President’s Office, the City Planning Commission for a public hearing and vote, and then review by the City Council.

Don’t Forget Your Parapet Inspection

Starting January 1, 2024, building owners must have their parapets annually inspected by a competent inspector, following the requirements of Section 28-301.1.1 of the New York City Administrative Code.

The parapet observation requirement applies to all buildings fronting a public right-of-way, regardless of height, except for detached 1- or 2-family houses. Owners must maintain the reports for at least six years, and these reports must be available to the Department of Buildings upon request.

BBG’s Land Use and Zoning Practice Group

We represent a diverse range of clients, including property owners, developers, educational and religious institutions, as well as licensed professionals such as engineers and architects. Our experienced team of attorneys understands the intricacies of NYC land use and zoning laws and has a proven record of successfully guiding projects through due diligence, project planning, and the government review and approval process.

Our services include, but not limited to:

  • Due diligence and analysis of development potential and zoning review for licensed professionals, developers and lenders;
  • Transfers of development rights (“air rights” transfers);
  • Affordable housing and the City’s Inclusionary Housing Program;
  • Variance, special permit and appeals applications at the Board of Standards and Appeals;
  • Rezoning and special permit applications at the Department of City Planning;
  • Requests to obtain Zoning Resolution and Code Determinations from the Department of Buildings;
  • Approval by the Landmarks Preservation Commission;
  • Assemblage, easement and development agreements; and
  • Construction License Agreements / Access Agreements.

Contact Us

With our in-depth knowledge, strong relationships with regulatory agencies, and client-centered approach, we are well-equipped to handle any zoning or land use challenge. To learn more or for assistance, contact your attorney on record or contact us.

Written by: Ron Mandel, lead Partner in the Firm’s Land Use and Zoning Department.

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