ZONING LOT CERTIFICATIONS
Transferable Development Rights (TDRs) was adopted by the City of New York in an effort to achieve planning and urban design goals. For the past 50 years, developers have utilized TDRs to maximize land use. Compliance with city agencies is somewhat burdensome and knowledge of the process is vital. For example, for zoning lot certification (used for lot merging, lot sub-division, or simply applying for a new building or existing building enlargement), the County Clerk’s and City Registrar’s Offices require certain zoning exhibits filed for scrutiny.
There are five acceptable forms:
- Exhibit “I”: Certification Pursuant to Zoning Lot Subdivision C for a tract of land in single ownership and which lists all the parties in interest. Title insurance company provides this.
- Exhibit “II”: Certification Pursuant to Zoning Lot Subdivision D for a tract of land with more than one owner to be treated as one zoning lot with a Declaration of Restrictions which may be individually or collectively written with regard to each party in interest. The boundaries of such zoning lot may or may not coincide with Exhibit “IV” and/or Exhibit “V”. Title insurance company provides this.
- Exhibit “III”: Zoning Lot Description and Ownership Statement by Building Department permit applicant in which the tax lots applicable to the zoning lot are included. This needs to be recorded in The City Register’s office (or, if applicable, in the County Clerk’s office) prior to issuance of any permit for a development or enlargement. Title insurance company can help and prepare.
- Exhibit “IV”: Declaration of Zoning Lot Restrictions by the parties in interest declaring that certain tract of land is to be treated as a zoning lot. (See Exhibit II) Title insurance company can help and prepare.
- Exhibit “V”: Waiver of Declaration of Zoning Restriction by the parties in interest who waives their rights to execute a declaration, such as Exhibit “IV”. (See Exhibit II) Title insurance company can help and prepare.
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