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Newly Adopted Requirements and Opportunities for Development near Subway and Rail Stations

Client memorandum | October 19, 2021

The City of New York has adopted a Department of City Planning (“DCP”) and Metropolitan Transportation Authority (“MTA”) proposal known as “Zoning for Accessibility” (“ZFA”), creating a widely applicable transit easement review process and potential easement requirement for sites near the 532 subway and rail stations in New York City. The goal of ZFA is to support the long-term planning needs of mass transit and specifically to improve station accessibility. ZFA requires a new review process for the affected sites prior to any application for excavation, foundation, and building permits. ZFA also creates a new floor area bonus available to owners who provide transit improvements in high-density areas and seeks to streamline the approval process for City review of this bonus.

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