Any development in the Eastern Rail Yard Subarea A1 shall provide public access areas in accordance with the following requirements:

(a)        Amount of public access areas

Public access areas shall be provided in an amount not less than 55 percent of the lot area of the zoning lot. At least 40 percent of the lot area of the zoning lot shall be publicly accessible and open to the sky. At least an additional 15 percent of the lot area of the zoning lot shall be publicly accessible and may be either open or enclosed. Such open or enclosed areas shall be comprised of the types of public access areas listed in paragraphs (b) through (f), and paragraphs (h) and (j), of this Section. For purposes of determining compliance with such 55 percent and 40 percent requirements, the Culture Facility Plaza, any portion of the connection to the High Line allowed to be covered by the moveable portion of an ERY Culture, Festival and Exhibit Facility pursuant to paragraph (f), and any portion of the connection to the High Line that is not required to have a clear height of 60 feet pursuant to paragraph (f) shall be deemed publicly accessible and open to the sky at all times, including any time when a moveable portion of an ERY Culture, Festival and Exhibit Facility extends over the Culture Facility Plaza or the connection to the High Line. Open areas may also include the area of the sidewalk widening along Eleventh Avenue required pursuant to Section 93-61 and, at the option of the owner, the Tenth Avenue Spur. If the Cultural Facility Plaza is closed during the construction of the moveable portion of the ERY Culture, Festival and Exhibit Facility, the amount of publicly accessible open space shall not be considered reduced during such period.

All public access areas listed in this Section, other than the ERY High Line and the Tenth Avenue Spur, shall be accessible to the public, as follows:

(1)        unenclosed public access areas shall be accessible between the hours of 6:00 a.m. and 1:00 a.m., except that any portions of the outdoor plaza, as described in paragraph (b) of this Section, designed and constructed for purposes of vehicular use, shall be accessible at all times, except as necessary to perform maintenance and repairs or address hazardous or emergency conditions;

(2)        enclosed portions of the through block connection and connection to the public plaza, described in paragraphs (d) and (e) of this Section, shall be accessible to the public between the hours of 8:00 a.m. and 10:00 p.m.; and

(3)        upon completion of the Tenth Avenue bridge, described in paragraph (g) of this Section, access between the bridge and the outdoor plaza shall be provided by means of the through block connection between the hours of 6:00 a.m. and 1:00 a.m.

All public access areas, other than the ERY High Line and the Tenth Avenue Spur, shall include public space signage erected at conspicuous locations. Such signs shall include the statement “Open to the Public,” followed by the hours of operation specified in this paragraph (a). The public space signage for the Culture Facility Plaza may include additional information, consistent with the provisions of paragraph (j) of this Section.

(b)        Outdoor plaza

A publicly accessible space, open to the sky (hereinafter referred to as the “outdoor plaza”), shall be located within the area bounded by West 33rd Street, the southerly prolongation of the eastern sidewalk widening line of Hudson Boulevard East, a line 250 feet north of and parallel to West 30th Street, Eleventh Avenue, a line 220 feet south of and parallel to West 33rd Street, and the southerly prolongation of the western sidewalk widening line of Hudson Boulevard West. Such open area may extend beyond such boundaries and have necessary grade changes, and up to 10 percent of the area of such outdoor plaza may be covered by a building or other structure

In addition, a building containing eating or drinking places and uses listed in Use Groups 6A and 6C may be located within the outdoor plaza (but shall not be included as public access area pursuant to paragraph (a) of Section 93-71), provided that any such building:

(1)        is located within the area west of the southerly prolongation of the western sidewalk widening line of Hudson Boulevard West and within 400 feet of West 30th Street;

(2)        covers no more than 3,600 square feet of the zoning lot at the level of the outdoor plaza and above;

(3)        contains no more than 7,200 square feet of floor area at the level of the outdoor plaza and above, and no more than 3,600 square feet of floor area below the level of the outdoor plaza;

(4)        has a maximum north-south dimension of 85 feet at the level of the outdoor plaza and above;

(5)        is located such that the maximum east-west dimension measured along a line 355 feet from West 30th Street is 40 feet at the level of the outdoor plaza and above. For portions of the building located north or south of such line, the maximum east-west dimension shall increase at a rate of one foot in the east-west dimension for every four feet in the north-south dimension from such line, up to a maximum east-west dimension of 60 feet; and

(6)        has a maximum perimeter wall height of 24 feet, and a maximum building height of 30 feet. Above a height of 24 feet, no portion of a building may penetrate a sky exposure plane that begins at a height of 24 feet above the perimeter walls and rises over the building at a slope of 2.5 feet of horizontal distance for each foot of vertical distance. Such heights shall be measured from the highest level of the adjoining portions of the outdoor plaza.

No building location or setback requirements shall apply to any building walls facing the northern, eastern or southern boundaries of the outdoor plaza.

Building walls fronting upon the western boundary of the outdoor plaza shall extend along at least 70 percent of the length of the southerly prolongation of the western sidewalk widening line of Hudson Boulevard West and shall rise to a minimum height of 90 feet and a maximum height of 120 feet. Above a height of 120 feet, a setback at least 20 feet in depth is required from such prolongation line. However, such building wall may rise without setback at such prolongation line, provided the aggregate width of such building wall does not exceed 50 percent of the width of such line and provided all other portions of the building that exceed a height of 120 feet are set back at least 20 feet from such prolongation line at a height not lower than 90 feet.

The retail and glazing requirements of Section 93-14 (Ground Floor Level Requirements) shall apply to at least 70 percent of the length of all building walls facing each side of the outdoor plaza, except that such retail requirements shall not apply to any building, or portion of a building, located west of the southerly prolongation of the eastern sidewalk widening line of Hudson Boulevard East and within 220 feet of West 30th Street containing uses in Use Group 3 or 4 or an ERY Culture, Festival and Exhibit Facility.

(c)        Public plaza

A publicly accessible space, (hereinafter referred to as a “public plaza”), shall be provided at the intersection of Tenth Avenue and West 30th Street. Such public plaza shall have a minimum area of 12,000 square feet with a minimum frontage of 180 feet along Tenth Avenue and a minimum frontage of 60 feet along West 30th Street. Such public plaza shall be open to the sky except that such space may be covered by the ERY High Line structure, including any connections to the ERY High Line or other design features, as well as a building or portion of a building as allowed pursuant to Section 93-514, paragraph (a)(4), except that no building or portion of a building may encroach within the area that is within 60 feet of Tenth Avenue and 180 feet of West 30th Street. In addition, no more than 50 percent of the public plaza shall be covered by the permitted obstructions described in Section 37-726, paragraph (a), as well as any vents or shafts that are placed by the Department of Environmental Protection within the portion of the public plaza that is subject to an access easement.

Such public plaza shall contain the following amenities:

(1)        no less than 120 linear feet of fixed seating;

(2)        no less than 12 moveable tables and 48 moveable chairs; and

(3)        no less than four trees or multi-stemmed equivalents measuring at least four inches in caliper at the time of planting, which trees or multi-stemmed equivalents may be planted in a planting bed. In addition, such public plaza shall contain at least two of the following additional amenities:

(i)        artwork;

(ii)        water features; or

(iii)        food service located in a retail space directly accessible from the public plaza.

The glazing requirements of Section 93-14, paragraph (c), shall apply to at least 70 percent of the length of all building walls, other than the building walls of any facility operated by the Long Island Rail Road, or its successor, facing each side of the public plaza. In addition, at least 25 percent of the frontage of all building walls facing the portion of the public plaza that is within 60 feet of Tenth Avenue and 180 feet of West 30th Street shall be occupied by uses listed in Use Groups 6A and 6C or the connection to the public plaza described in paragraph (e) of this Section.

(d)        Through block connection

A publicly accessible through block connection shall be provided connecting the outdoor plaza with the Tenth Avenue sidewalk within 50 feet or anywhere north of the center line of West 32nd Street. Public access shall also be provided between such through block connection and the Tenth Avenue bridge at the time such bridge is constructed pursuant to paragraph (g) of this Section, and may connect to other public access areas or sidewalks. Such through block connection may be open to the sky or enclosed, need not be linear and may have necessary grade changes.

Such through block connection shall have a minimum width of 30 feet and any enclosed portion shall have a minimum height of 30 feet. As an alternative, if an enclosed atrium space adjacent to the outdoor plaza is provided as part of the through block connection that meets all the following dimensional requirements: (1) comprises no less than 4,000 square feet with a minimum height of 60 feet and a minimum depth of 50 feet as measured by a line parallel from the building wall facing the outdoor plaza; (2) is free of building structural obstructions other than vertical circulation and other elements occupying no more than 500 square feet in the aggregate; and (3) contains interior walls facing such area that comply with the ground floor retail use requirements of Section 93-14, paragraph (a), then such through block connection may: (i) have a minimum width of 24 feet; and (ii) have a minimum height of 34 feet for at least 70 percent of the aggregate enclosed area of the through block connection (including the atrium), provided that no portion of the through block connection shall have a minimum height less than 17 feet.

The retail and glazing requirements of Section 93-14 shall apply to at least 50 percent of the length of all building walls facing each side of the through block connection (or, if enclosed, the interior walls facing the through block connection). The through block connection may be occupied by the following permitted obstructions: vertical circulation elements including escalators, stairs and elevators, columns and lighting elements, provided that such permitted obstructions shall not occupy more than 20 percent of the through block connection, and a single path of travel no less than 24 feet in width is maintained. Vertical circulation elements traversing the grade changes of the through block connection shall be considered a part of the through block connection and not an obstruction.

(e)        Connection to public plaza

A public way, open or enclosed, shall be provided connecting the outdoor plaza or the through block connection with the public plaza. Such connection need not be linear and may have necessary grade changes. The retail and glazing requirements of Section 93-14 shall apply to at least 50 percent of the length of all building walls facing each side of such connection (or, if enclosed, the interior walls facing the connection). The minimum clear width of such public way shall be 20 feet. For any portions that are enclosed, the minimum clear height shall be 34 feet within at least 50 percent of the enclosed area of the connection to the public plaza, provided that no portion of the connection to the public plaza shall have a minimum height less than 17 feet. The connection to the public plaza may be occupied by the following permitted obstructions: vertical circulation elements including escalators, stairs and elevators, columns and lighting elements, provided that such permitted obstructions shall not occupy more than 20 percent of the connection to the public plaza and a single path of travel no less than 20 feet in width is maintained. Vertical circulation elements traversing the grade changes of the connection to the public plaza shall be considered a part of the connection to the public plaza and not an obstruction.

(f)        Connection to High Line

A publicly accessible connection between the High Line and the outdoor plaza (hereinafter referred to as the “connection”) shall be provided that has a minimum width, measured parallel to the High Line, of 60 feet and is located east of the Culture Facility Plaza. For a width of 60 feet measured parallel to the High Line, the clear height of the connection shall be at least 60 feet. Above such height, overhangs of the 60 foot width dimension of the connection shall be permitted by the movable portion of the ERY Culture, Festival and Exhibit Facility, provided that the angle of such overhang is a maximum of 14 degrees east of the vertical extension of the western edge of such 60 foot width, as measured from the intersection of such vertical extension with the 60 foot clear height of the connection. Additionally, such overhang shall project over no more than 16 feet of the 60 foot width dimension. Any portion of the connection east of the minimum 60 foot width shall, if covered, have a minimum clear height of 60 feet. The movable portion of the ERY Culture, Festival and Exhibit Facility shall be permitted to overhang any portion of the connection west of such minimum 60 foot width, provided that the angle of such overhanging portion is a maximum of 14 degrees measured at the western edge of the connection at its ground level. The glazing requirements of Section 93-14, paragraph (c), shall apply to at least 50 percent of the length of all building walls facing the connection.

(g)        Tenth Avenue bridge

A publicly accessible pedestrian bridge shall be provided over Tenth Avenue linking the through block connections required pursuant to paragraph (d) of this Section and paragraph (a) of Section 93-72 (Public Access Areas at 450 West 33rd Street). Such bridge need not be constructed until the 450 West 33rd Street through block connection has been completed. Such bridge may be open or enclosed, have a minimum clear width of 30 feet and, if enclosed, have a minimum clear height of 15 feet. Such bridge shall be located within 10 feet of the center line of West 32nd Street and be at the same elevation as the through block connection required pursuant to paragraph (a) of Section 93-72.

(h)        ERY High Line and Tenth Avenue Spur

The ERY High Line shall be provided as a publicly accessible open area. The Tenth Avenue Spur may, at the option of the owner, also be provided as a publicly accessible open area.

(1)        In order to meet the public access area requirements of Section 93-71, paragraph (a), and this paragraph (h), the following shall be provided for the ERY High Line, and shall, if the owner has elected to include the Tenth Avenue Spur as a public access area, be further provided for the Tenth Avenue Spur:

(i)        Payment of the High Line Rehabilitation Deposit; or subject to entry into construction-related agreements with the City or its designee, completion of the rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur, not later than March 31, 2013, subject to a determination of force majeure by the City in accordance with the terms thereof. If the owner has elected to perform the rehabilitation work, then all such work shall be completed in accordance with plans and specifications prepared by or on behalf of the City;

(ii)        Payment of the High Line Landscape Improvement Deposit;

(iii)        Provision of High Line Maintenance Funding;

(iv)        An easement agreement allowing use of the ERY High Line for public space in accordance with the requirements of this paragraph (h), as well as for use and access for rehabilitation, improvement, maintenance and repair purposes, acceptable to the City.

Such requirements shall be set forth in agreements or instruments in a form acceptable to the City, including such provisions as are necessary to ensure compliance with the provisions of this Section. The execution of such agreements by the owner, and mortgagees and parties in interest of the owner, and, where appropriate, the filing and recordation of such instruments in the Borough Office of the City Register of the City of New York, indexed against the property, shall be a precondition to the Chairperson’s certification to the Department of Buildings for a building permit under Section 93-70. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date.

(2)        No certification for the phased development of public access areas on the Eastern Rail Yard Subarea A1 under Section 93-70 shall be permitted unless the ERY High Line is included as a public access area for the initial phase in accordance with the provisions of this paragraph (h).  

(3)        No crane permit shall be granted for construction of a development or enlargement in such initial phase until the Chairperson certifies to the Department of Buildings that: (i) either the High Line Rehabilitation Deposit has been made or all construction documents and instruments necessary for accomplishment of the rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur, in accordance with paragraph (h)(1)(i) of this Section, have been executed and delivered; and (ii) the High Line Landscape Improvement Deposit has been made.  

(4)        No temporary or permanent certificate of occupancy for a development or enlargement in such initial phase shall be granted unless the Chairperson certifies to the Department of Buildings that (i) either the High Line Rehabilitation Deposit has been previously furnished or the rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur, have been completed in accordance with the construction documents and instruments; (ii) the initial installment of High Line Maintenance Funding has been delivered, provided and to the extent that the ERY High Line and, if applicable, the Tenth Avenue Spur, have been substantially completed and are open for use by the public; and (iii) the easement agreement described in paragraph (h)(1)(iv) of this Section, is in effect for the ERY High Line. The requirement for a certification of substantial completion of public access areas before the granting of a temporary certificate of occupancy for the development or enlargement within such phase pursuant to Section 93-70 shall not apply with respect to the ERY High Line and, if applicable, the Tenth Avenue Spur.

(5)        Nothing herein shall be construed to affect any obligation of the owner to make the High Line Rehabilitation Deposit at an earlier date, in accordance with the terms of agreements or instruments entered into by the parties, or to complete rehabilitation work for the ERY High Line and, if applicable, the Tenth Avenue Spur, by March 31, 2013, subject to a determination of force majeure by the City in accordance with the terms of such agreements.

(6)        Use by the City of the High Line Landscape Improvement Deposit for improvement of the ERY High Line and, if applicable, the Tenth Avenue Spur, shall be subject to approval by the Chairperson, based upon a determination that the design and location of access points to the ERY High Line and, if applicable, the Tenth Avenue Spur, have been arranged such that public use thereof will not result in any significant adverse impacts with respect to transit or pedestrians.  

(i)        Certifications for phased development pursuant to Section 93-70 granted before May 31, 2012

If a certification for the phased development of public access areas on the Eastern Rail Yard Subarea A1 under Section 93-70 was granted before May 31, 2012, such certification shall expire 45 days following such date and shall thereupon no longer be in force and effect. Within said 45-day period, a new application for certification pursuant to Section 93-70 and Section 93-71, paragraph (h), shall be filed by the owner which shall include the ERY High Line and, if applicable, the Tenth Avenue Spur, as public access areas associated with the initial phase, in addition to any other public access areas previously so certified. The expiration of any certification under Section 93-70 granted before May 31, 2012, shall not affect the validity of any permit issued by the Department of Buildings prior to the expiration of such 45-day period, provided the new application under Section 93-70 and Section 93-71, paragraph (h), is made within such 45-day period.

In the event that a certification for the phased development of public access areas on the Eastern Rail Yard Subarea A1 under Section 93-70 was granted before May 31, 2012, and a crane permit for the construction of a development or enlargement within such initial phase was granted prior to 45 days after May 31, 2012, the preconditions to issuance of a crane permit set forth in Section 93-71, paragraph (h), shall be prerequisites for the grant of any new certification for phased development made under this paragraph (i).

(j)        Culture Facility Plaza

A publicly accessible space located east of and abutting the non-moveable portion of an ERY Culture, Festival and Exhibit Facility, and bounded to the north by the outdoor plaza and to the south by the ERY High Line shall be provided. During times when the Culture Facility Plaza is not covered by the moveable portion of an ERY Culture, Festival and Exhibit Facility, the Culture Facility Plaza may be used for purposes of outdoor events related to an ERY Culture, Festival and Exhibit Facility. Outdoor installations for such events, including seating, shall be restricted to the Culture Facility Plaza. All such events shall be open and accessible to the general public free of admission charge, provided that ticketed events with tickets available on a first come, first served, or timed basis, shall be permitted. During all times when the Culture Facility Plaza is not used for an ERY Culture, Festival and Exhibit Facility event or covered by the moveable portion of an ERY Culture, Festival and Exhibit Facility, the Culture Facility Plaza shall be open and accessible to the public between the hours of 6:00 a.m. and 1:00 a.m. Notwithstanding any other provision, the Culture Facility Plaza may be closed to the public not more than 12 days each calendar year for an event related to the ERY Culture, Festival and Exhibit Facility, provided that not less than five days prior to any such closing, notice is given to the applicable community board and is posted at conspicuous locations at such plaza. No building or portion of a building that is not used for an ERY Culture, Festival and Exhibit Facility shall have any obligation to comply with the requirements of paragraph (a), or this paragraph (j), of this Section related to the Culture Facility Plaza.