When the reservoir surplus is greater than or equal to zero, off-street parking spaces may be provided only in accordance with the provisions of this Section.

(a)        For residences, accessory off-street parking spaces may be provided for not more than 30 percent of the total number of dwelling units, except that where such dwelling units are comprised of low income floor area, moderate income floor area or middle income floor area, as defined in Section 23-911, accessory off-street parking spaces may be provided for not more than eight percent of the total number of such dwelling units.

(b)        For Use Group 5 transient hotels, the applicable provisions of Section 13-12 (Permitted Parking for Non-residential Uses) shall apply with respect to the number of permitted accessory off-street parking spaces, provided that the number of such spaces does not exceed 0.16 for every 1,000 square feet of floor area.

(c)        For Use Group 6B offices, not more than 0.16 accessory off-street parking spaces may be provided for every 1,000 square feet of floor area.

(d)        In the Eastern Rail Yard Subarea A1, paragraphs (a) through (c) of this Section shall not apply, and any accessory off-street parking shall comply with the provisions of this paragraph (d):

(1)        for residences, accessory off-street parking spaces may be provided for not more than 40 percent of the total number of dwelling units;

(2)        for commercial and community facility uses, not more than 0.325 accessory off-street parking spaces may be provided for every 1,000 square feet of floor area, provided that in no event shall the number of off-street parking spaces accessory to commercial or community facility uses exceed 350 spaces; and

(3)        in no event shall the total number of accessory off-street parking spaces for all uses exceed 1,000.

(e)        The Department of Buildings shall not issue a building permit for any accessory off-street parking pursuant to paragraphs (a) through (c) of this Section, unless the Chairperson has certified that:

(1)        the sum of the permitted parking spaces set forth in the following paragraphs, (e)(1)(i), (e)(1)(ii) and (e)(1)(iii), is less than or equal to 5,084 spaces:

(i)        the reservoir surplus or zero;

(ii)        the Hudson Yards development parking supply; and

(iii)        the number of spaces proposed to be added by the development or enlargement for which certification is sought; and

(2)        the sum of the permitted parking spaces set forth in the following paragraphs, (e)(2)(i), (e)(2)(ii), (e)(2)(iii) and (e)(2)(iv), is less than or equal to 5,905 spaces:

(i)        all off-street parking spaces in the Hudson Yards parking regulations applicability area that have been categorized, in accordance with the definition in Section 93-81, as part of the reservoir parking supply, less any such off-street parking spaces that have been categorized as decreasing the reservoir surplus in accordance with paragraph (a) of the second part of the definition of reservoir surplus in Section 93-81;

(ii)        all off-street parking spaces in the Hudson Yards parking regulations applicability area that have been categorized as increasing the reservoir surplus in accordance with paragraphs (b) and (c) of the first part of the definition of reservoir surplus in Section 93-81;

(iii)        the Hudson Yards development parking supply; and

(iv)        the number of spaces proposed to be added by the development or enlargement for which certification is sought.

(3)        Notwithstanding paragraphs (e)(1) and (2) of this Section, if the Chairperson determines that final certificates of occupancy have been issued by the Department of Buildings for all buildings shown in the site plan for the Eastern Rail Yard Subarea A1 as required by the provisions of Section 93-70, and that upon the completion of all such buildings, fewer than 1,000 accessory off-street parking spaces have been provided in such subarea, any difference between the number of accessory off-street parking spaces provided in the Eastern Rail Yard Subarea A1, and 1,000, may be added to the limits of 5,084 and 5,905 spaces set forth in paragraphs (e)(1) and (e)(2), respectively.

(4)        Any certification granted by the Chairperson, pursuant to this Section, shall lapse after two years if substantial construction of the development or of the enlarged portion of an existing building, which includes the subject accessory off-street parking spaces, has not occurred. In making a certification pursuant to this Section, the Chairperson shall not consider any prior certification or any special permit that has lapsed in accordance with the provisions of this Resolution. However, for Site 6, as shown on Map 6 in Appendix A of this Chapter, any such certification shall lapse after six years if substantial construction of the new building that includes the subject accessory off-street parking spaces, has not occurred.