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Proposed Easement Requirements for Development near Subway and Rail Stations

Client memorandum | June 14, 2021

A Department of City Planning (“DCP”) and Metropolitan Transportation Authority (“MTA”) proposal known as “Zoning for Accessibility” (“ZFA”), which is currently under public review, would create a widely applicable transit 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 would require a new review process for the affected sites prior to any application for excavation, foundation, and building permits. ZFA would also create a new floor area bonus available to owners who provide transit improvements in high-density areas and would seek to streamline the approval process for City review of this bonus.

The text is under review by the City Planning Commission and the City Council and the provisions have not been finalized.

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