New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai COLUMBIA UNIVERSITY- CURE Controls on Property: Zoning and Land Use David Karnovsky– Fried, Frank, Harris, Shriver & Jacobson LLP Attorney Advertising. Prior results do not guarantee a similar outcome.

Real Estate Transactions– Controls on Property Zoning Authority State Enabling Authority: General City Law Section 20, para. 24 and 25 To “regulate and limit the height, bulk and location of buildings hereafter erected…, the density of population in a given area, and for said purposes to divide the city into districts. To regulate and restrict the location of trades and industries and the location of buildings, designed for specified uses, and for said purposes to divide the city into districts and to prescribe for each such district the trades and industries that shall be excluded or subjected to special regulation and the uses for which buildings may not be erected or altered. Such regulations shall be designed to promote the public health, safety and general welfare and shall be made…in accord with a well considered plan.” 2

Real Estate Transactions– Controls on Property Zoning Authority Local Enabling Authority: NYC Charter Section 191, and 192  The City Planning Commission shall be “responsible for the conduct of planning relating to the orderly growth, improvement and future development of the city”. NYC Zoning Resolution found at the NYC Department of City Planning’s website at 3

Real Estate Transactions– Controls on Property Structure of the Zoning Resolution – Three Volumes/13 Articles  Volume I (Articles I - VII): Zoning Text – General Provisions  Volume II (Articles VIII – XIII): Zoning Text – Special District Provisions  Volume III Zoning Maps Zoning maps are the key to understanding the use and development potential of any parcel of land 4

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Real Estate Transactions– Controls on Property Principal Elements Covered by As-of-Right Zoning a) Use b) Floor Area c) Density d) Building Form (Envelope) e) Open Space f) Parking/Loading g) Urban Design h) Public Amenities 7

Real Estate Transactions– Controls on Property Use  18 “Use Groups”  Original concept – Separation of Uses for Health and Safety  Characterized generally as:  R- Residential, Community Facility  C- Commercial, Residential, Community Facility  M- Manufacturing, Commercial 8

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Real Estate Transactions– Controls on Property 11 Sky Exposure Plane

Real Estate Transactions– Controls on Property 12 Tower Controls

Real Estate Transactions– Controls on Property 13 Contextual Zoning

Columbia Real Estate Development Program - Zoning and Land Use Envelope: Building Form - three basic approaches  Sky Exposure Plane  Tower Controls  Contextual Zoning Envelope: Open Space  Yards  Open Space Ratio  Lot Coverage 14

Columbia Real Estate Development Program Zoning and Land Use - Sky Exposure Plane 15

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New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

New York | Washington DC | London | Paris | Frankfurt | Hong Kong | Shanghai friedfrank.com

sReal Estate Transactions– Controls on Property As-of-Right Zoning and Discretionary Actions 37

Real Estate Transactions– Controls on Property ULURP  Source  NYC Charter Sections 197-c and 197-d, 200, and 201  Purpose  To provide a uniform, public 7-month review process for most discretionary land use matters in the City  Certainty  Equal Treatment  Informed Decision-making  Opportunity for public input/community involvement in land use decisions 38

Real Estate Transactions– Controls on Property Actions subject to ULURP  Designation or change of zoning districts  Special Permits  Changes to the City Map  Site selection for capital projects  Revocable consents, requests for proposals and other solicitations or franchises, and major concessions  Housing and urban renewal plans and projects pursuant to City, state and federal laws  Sanitary or waterfront landfills  Disposition of City-owned property  Acquisition of real property by the City other than office space  Zoning text amendments follow a ULURP-like process 39

Real Estate Transactions– Controls on Property Entities entitled to make zoning applications under ULURP  City Planning Commission  Any taxpayer  The Mayor  Community Board  Borough President/Borough Board  Land Use Committee of the New York City Council 40

Process and Actors  Certification of Land Use Application as Complete – Department of City Planning  Includes determination that all of the technical requirements of the land use application have been completed  Also includes issuance of environmental determination (Negative Declaration, Conditional Negative Declaration, or Draft EIS)  Community Board  60-day review, including holding a public hearing  Community Board’s recommendation is advisory only but must be considered by the final decision-makers  Borough President  30-day review, with right to hold a public hearing  Borough President recommendation is also advisory only 42 Real Estate Transactions– Controls on Property

Process and Actors (continued)  New York City Planning Commission  13-member panel appointed by Mayor, 5 borough presidents, and the public advocate  60-day review, including holding a public hearing  Commission may approve, approve with modification, or disapprove an application. Disapprovals are generally binding, approvals or approvals with modifications are subject to either mandatory or discretionary review by the New York City Council  New York City Council  50-day review, including holding a public hearing  Council may approve, approve with modification, or disapprove an application  Any proposed modification of an application is subject to review by the City Planning Commission to confirm that the modification is within the “scope”  Mayoral Veto  Mayor may veto the action of the Council within five days, subject to override by a vote of 2/3rds of the Council 43 Real Estate Transactions– Controls on Property

Other Land Use Players  Board of Standards and Appeals  Variance  Special Permits  Interpretations  Landmarks Preservation Commission  Certificate of No Effect  Certificate of Appropriateness  Department of Buildings 44 Real Estate Transactions– Controls on Property

Other Land Use Players (continued)  New York City Economic Development Corporation  Mayor’s Office of Contract Services  New York City Design Commission  New York City Department of Housing Preservation and Development  New York City Department of Transportation  New York City Department of Environmental Protection 45 Real Estate Transactions– Controls on Property