Chapter 8 - Special West Chelsea District (WCH)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The "Special West Chelsea District" established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. These general goals include among others, the following specific purposes:

(a)        to encourage and guide the development of West Chelsea as a dynamic mixed use neighborhood;

(b)        to encourage the development of residential uses along appropriate avenues and streets;

(c)        to encourage and support the growth of arts-related uses in West Chelsea;

(d)        to facilitate the restoration and reuse of the High Line elevated rail line as an accessible, public open space through special height and setback regulations, High Line improvement bonuses and the transfer of development rights from the High Line Transfer Corridor;

(e)        to ensure that the form and use of new buildings relates to and enhances neighborhood character and the High Line open space;

(f)        to create and provide a transition to the lower-scale Chelsea Historic District to the east;

(g)        to create and provide a transition to the Hudson Yards area to the north; and

(h)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues, consistent with the foregoing purposes.

98-01

Definitions

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are as set forth in Section 12-10 (DEFINITIONS).

        

High Line

The “High Line” shall, for the purposes of this Chapter, refer to the elevated rail line structure and associated elevated easement located between Gansevoort Street and West 30th Street.

 

High Line bed

The “High Line bed” is the highest level of the horizontal surface (platform) of the High Line elevated rail line structure as of June 23, 2005, as shown in Diagram 7 in Appendix C of this Chapter. For the purposes of this Chapter, the level of the High Line bed is the average level of the High Line bed on a zoning lot over which the High Line passes.

 

High Line frontage

“High Line frontage” is that portion of a building that faces and is located within 15 feet of the west side and 25 feet of the east side of the High Line.

 

High Line Transfer Corridor

The “High Line Transfer Corridor” is an area within which the High Line is located, as specified in Appendix B of this Chapter, where development rights may be transferred to receiving sites in certain subareas in the Special West Chelsea District, pursuant to the provisions of Section 98-30 (HIGH LINE TRANSFER CORRIDOR), inclusive.

The provisions of this Chapter shall apply to any zoning lot, or portion thereof, within the Special West Chelsea District, except that the provisions of Sections 98-11 (Special Regulations for Developments and Enlargements Above, Beneath or Adjacent to the High Line) and 98-16 (Air Space Over a Railroad or Transit Right-of-way or Yard) shall also apply to any zoning lot south of the Special West Chelsea District over which the High Line passes. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

The provisions regarding the transfer of floor area set forth in Section 98-30 (HIGH LINE TRANSFER CORRIDOR), inclusive, and the High Line Improvement Bonus in Subareas D, E, F, G and I set forth in Section 98-25 shall be effective upon the issuance of a final and binding Certificate of Interim Trail Use (CITU) by the Federal Surface Transportation Board and the execution of a trail use agreement between the City and CSX Transportation, Inc., or its successor, with respect to the High Line, or upon a determination by the Office of the Corporation Counsel that the restoration and reuse of the High Line as an accessible, public open space has been obtained pursuant to an alternative mechanism that protects the interests of the city.

Upon transfer of the High Line to the City, pursuant to ULURP application C 050163 PCM, and in accordance with such CITU and trail use agreement, the following shall apply:

(a)        the provisions regarding the issuance of building permits set forth in Section 98-11 shall be effective;

(b)        any area within the tax lot located at Section 3, Block 8224, Lot 111, as of June 23, 2005, which is separated from other portions of such tax lot by bounding streets, shall be considered a separate zoning lot; and

(c)        underlying use and bulk regulations shall not apply to uses and buildings and other structures constructed on the High Line specifically in connection with its use as a public open space.

The regulations of this Chapter are designed to implement the Special West Chelsea District Plan.

The District Plan includes the following maps and illustrative diagrams in Appendices A, B and C and the special regulations in Appendices D, E and F:

Appendix A - Special West Chelsea District and Subareas

Appendix B - High Line Transfer Corridor Location

Appendix C - Illustrative Diagrams of the High Line and Building Envelopes for Sites Adjacent to the High Line

Diagram 1 - Street Wall and High Line Frontage Regulations in Subareas C, F and G

Diagram 2 - Street Wall and High Line Frontage Regulations in Subarea A

Diagram 3 - Subarea H Requirements

Diagram 4 - High Line Improvement Area Boundaries for Zoning Lots Divided by District Boundaries in Subareas D, E and G

Diagram 5 - Subarea I Requirements between West 16th and West 17th Streets

Diagram 6 - High Line Access Easement Volume Parameters

Diagram 7 - High Line Bed and Frontages

Appendix D - Special Regulations for Zoning Lots Utilizing the High Line Improvement Bonus in Subarea H

Appendix E - Special Regulations for Zoning Lots Utilizing the High Line Improvement Bonus and Located Partially Within Subareas D, E, G or I

Appendix F - Special Regulations for Zoning Lots Utilizing the High Line Improvement Bonus and Located Within Subarea J.

The maps and diagrams are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of illustrating requirements or specifying locations where the special regulations and requirements set forth in this Chapter shall apply.

In order to carry out the provisions of this Chapter, Subareas A through J and a High Line Transfer Corridor are established within the Special West Chelsea District.

Within each of the Subareas and the High Line Transfer Corridor, certain special regulations apply that do not apply within the remainder of the Special West Chelsea District. The locations of the Subareas are shown in Appendix A of this Chapter. The location of the High Line Transfer Corridor is shown in Appendix B of this Chapter.

The Subareas and the High Line Transfer Corridor are subject to all other regulations of the Special West Chelsea District and the underlying district regulations, except as otherwise specified in this Chapter.

Within the Special West Chelsea District, Section 11-332 (Extension of period to complete construction) shall apply, except that notwithstanding the provisions of paragraph (a) of such Section, in the event that other construction for which a building permit has been lawfully issued and for which construction has been commenced but not completed on June 23, 2005, such other construction may be continued provided that the construction is completed and a temporary or permanent certificate of occupancy is obtained not later than June 23, 2006.

The Commissioner of Buildings shall not issue any building permit for demolition, excavation or foundation work to be performed above or beneath the High Line or within 25 feet of support structures of the High Line, except by determination by such Commissioner that such work would not adversely affect the structural integrity of the High Line and by determination by the Commissioner of Parks that such work would not adversely affect the City's ability to inspect and maintain as necessary to ensure the structural integrity of the High Line.

98-121

In Subarea H

In Subarea H, the provisions of Section 32-25 (Use Group 16), paragraph D (Heavy Service, Wholesale or Storage Establishments) are modified to permit, in C6 Districts, warehouse uses only in cellars located wholly below curb level.

In any C6 District in the Special West Chelsea District, the provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit commercial uses on the same story as a residential use or on a story higher than that occupied by residential uses, provided that the commercial uses:

(a)        are located in a portion of the building that has separate direct access to the street with no access to the residential portion of the building at any story; and

(b)        are not located directly over any portion of a building containing dwelling units, except this limitation shall not preclude the location of:

(1)        residential lobby space below or on the same story as commercial uses; or

(2)        a commercial use that fronts on the High Line and is located within five feet of the level of the High Line bed.

The provisions of Section 52-77 (Termination of Adult Establishments) shall not apply to any adult establishment that located within the Special West Chelsea District after October 25, 1995 and prior to May 25, 2005, and which, as of May 25, 2005 and June 22, 2005, was an existing use and conformed to all provisions of Section 42-01 (Special Provisions for Adult Establishments) applicable to M1-5 Districts.

In the Special West Chelsea District, the provisions of Sections 42-10 (USES PERMITTED AS-OF-RIGHT) and 42-30 (USES PERMITTED BY SPECIAL PERMIT) are modified to permit, as-of-right, without limitation, in M1 Districts, museums and non-commercial art galleries as listed in Use Group 3.

Except in Subarea J, the special ground floor use and glazing regulations of this Section apply to that portion of a building or other structure fronting on Tenth Avenue in the Special West Chelsea District. Ground floor uses in Subarea J shall be governed by the underlying use regulations as modified by Section 98-13 (Modification of Use Regulations in M1 Districts).

Uses within stories that have a floor level within five feet of curb level, and within 25 feet of the street line, shall be limited to commercial uses permitted by the underlying district or museums or non-commercial art galleries as listed in Use Group 3. A building’s street frontage shall be allocated exclusively to such uses, except for lobby space or entryways. In no event shall the length of street frontage occupied by lobby space or entryways exceed, in total, 40 feet or 50 percent of the building’s total street frontage, whichever is less.

For any building or portion of a building developed or enlarged after June 23, 2005, each ground floor street wall shall be glazed with materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 70 percent of such ground floor street wall surface. The lowest point at any point of transparency that is provided to satisfy the requirements of this Section shall be not higher than two feet above the level of the adjoining sidewalk or public access area and shall be no less than eight feet in height measured from such lowest point. Not less than 50 percent of such ground floor street wall surface shall be glazed with transparent materials, and up to 20 percent of such ground floor street wall may be glazed with translucent materials.

The transparency requirements of this Section shall apply to all portions of buildings developed or enlarged after June 23, 2005, within the High Line frontage of Subareas H and I, except for such portions that contain dwelling units. At least 70 percent of the area of such frontage, to be measured from a point not lower than four feet and not higher than eight feet above the level of the High Line bed shall be glazed and transparent and at least 75 percent of such glazed surface shall be fully transparent.

Any additions to the windows or other glazing located on the building wall separating the High Line from any building located on a zoning lot within Subarea J at the High Line level shall be designed to provide for a minimum of 30 dBA noise attenuation, and any general illumination fixtures in the adjoining interior portion of the building shall not exceed 50 foot-candles of illumination within four feet of such window or glazing and shall not be pointed directly at the High Line.

98-15

Signs

The sign regulations of the underlying districts in the Special West Chelsea District shall not apply to signs located within 50 feet of the High Line, except for signs located entirely below the level of the High Line bed. In lieu thereof, the sign regulations of a C1 District shall apply, except that accessory signs located within the High Line frontage may have a maximum height of 20 feet above the level of the High Line bed.

No signs affixed to or resting upon the High Line shall be permitted, except as pursuant to a signage plan for the High Line, as authorized by the City Planning Commission, provided the Commission finds that such signage plan will:

(a)        enhance the use of the High Line by providing signage that is consistent with the use of the High Line as a public open space;

(b)        provide, at a minimum, directional, informational and interpretive signage consistent with the use of the High Line as a public open space;

(c)        be integrated with the design of the High Line open space; and

(d)        not adversely affect development adjacent to the High Line and in the surrounding neighborhood.

Accessory off-street parking spaces for existing or new governmental offices may be located on a zoning lot other than the same zoning lot as the use to which such spaces are accessory, provided that:

(a)        such spaces are located within Subarea H and in a facility, or portion thereof, that is entirely below curb level;

(b)        the portion of such facility beneath the required public plaza area shown on Diagram 3 in Appendix A of this Chapter is sufficiently below curb level so that trees may be planted at curb level within such public plaza but is in no case less than four feet below curb level; and

(c)        no more than 377 spaces are provided within such facility.

For purposes of this Section, the governmental offices on Block 688, Lots 1001-1002, as of June 23, 2005, may have up to 377 accessory off-street parking spaces in such facility.

98-19

Lighting

All exterior light sources located within the High Line frontage shall be shielded from direct view from the High Line.

For all zoning lots, or portions thereof, located in Subareas A through J, the maximum floor area ratios, open space ratios and lot coverages of the applicable underlying district shall not apply. In lieu thereof, the maximum floor area ratio permitted for commercial, community facility and residential uses, separately or in combination, shall be as specified in the table in this Section. For residential use, the maximum lot coverage shall be 70 percent for interior or through lots and no maximum lot coverage shall apply to any corner lot. For the conversion to dwelling units of non-residential floor area where the total residential floor area on the zoning lot will exceed the applicable basic maximum floor area ratio specified in the table in this Section, such excess residential floor area shall only be permitted pursuant to Section 98-26 (Modifications of Inclusionary Housing Program).


MAXIMUM FLOOR AREA RATIO BY SUBAREA

Sub-area

Basic floor area ratio (max)

Increase in FAR from High Line Transfer Corridor (98-30)

Increase in FAR with High Line Improvement Bonuses (98-25)

Inclusionary Housing

Permitted floor area ratio (maximum)

FAR required to be transferred1 (minimum)

Increase in FAR for Inclusionary Housing Program (98-26)

A

6.5

2.65

___2

2.65

2.85

12.0

B

5.0

2.5

___2

1.25

1.25

7.5

C

5.0

2.5

NA

1.25

1.25

7.5

D5

5.0

2.53

2.53

1.25

1.25

7.5

E

5.0

1.03

1.02,3

NA

NA

6.0

F

5.0

NA

NA

NA

NA

5.0

G

5.0

1.03

1.03

NA

NA

6.0

H

7.5

NA

2.5

NA

NA

10.0

I

5.0

2.5

NA

1.25

1.25

7.5

I4

5.0

NA

2.5

NA

NA

7.5

J6

5.0

NA

2.5

NA

NA

7.5

1        Minimum floor area ratios required to be transferred pursuant to Section 98-30 (HIGH LINE TRANSFER CORRIDOR), inclusive, before Inclusionary Housing floor area bonus can be utilized

2        In Subareas A, B, and E, the applicable maximum basic floor area ratio of that portion of the zoning lot that is within the High Line Transfer Corridor may be increased up to a maximum of 1.0, and the applicable maximum permitted floor area ratio increased accordingly, by certification of the Chairperson of the City Planning Commission, pursuant to Section 98-35 (High Line Transfer Corridor Bonus)

3        For certain zoning lots located in Subareas D, E and G, the provisions of Section 98-25 (High Line Improvement Bonus) may apply in lieu of the provisions of Section 98-30, subject to the provisions of Section 98-241 (In Subareas D, E and G)

4        For zoning lots over which the High Line passes

5        For zoning lots between West 22nd Street and West 24th Street, the floor area ratios shall be 7.5, and no floor area increases shall be permitted

6        Bonus contribution subject to provisions of Section 98-25 governing first contribution to Affordable Housing Fund

In Subdistrict A, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 98-423 (Street wall location, minimum and maximum base heights and maximum building heights), the provisions of paragraph (a)(2) of Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) shall apply:

(a)        to only the residential portion of a building where less than 75 percent of the total floor area of such building is allocated to residential use; and

(b)        to the entire building where 75 percent or more of the total floor area of such building is allocated to residential use.

That portion of the zoning lot that lies directly beneath the High Line shall be exempt from lot coverage requirements below the level of the High Line bed. The remaining portion of the zoning lot shall be considered a separate zoning lot for the purposes of calculating maximum lot coverage. Easement volumes provided in accordance with the provisions of Section 98-60 (SPECIAL REGULATIONS FOR CERTAIN ZONING LOTS) and access structures constructed therein, as well as any structure required pursuant to Appendix D or E in relation to an increase in the basic maximum floor area ratio of a zoning lot pursuant to Section 98-25 (High Line Improvement Bonus), shall not be considered floor area or lot coverage.

However, at or above the level of the High Line bed, lot coverage requirements shall apply to the entire zoning lot.

Within Subarea J, any easement volumes and improvements located within such volumes dedicated or granted to the City in accordance with the provisions of Appendix F of this Chapter in connection with an increase in the basic maximum floor area ratio of a zoning lot, pursuant to Section 98-25, shall not be considered floor area.

For zoning lots fronting on West 18th Street and located partially in Subarea D, partially in Subarea E and partially in Subarea G, floor area may be transferred across zoning district and subarea boundaries without restriction. Either the provisions of Sections 98-25 (High Line Improvement Bonus) or 98-30 (HIGH LINE TRANSFER CORRIDOR) may apply to such zoning lot, as applicable, and the maximum permitted floor area ratio specified in the table in Section 98-22 shall apply, as applicable, for each subarea.

For zoning lots existing prior to June 23, 2005, and located partially within an M1-5 District and partially within a C6-3 District in Subarea C, the permitted floor area ratio for the C6-3 District portion of the zoning lot may be increased to the floor area ratio existing in the C6-3 District portion on June 23, 2005, up to a maximum floor area ratio of 7.5, provided that the Chairperson of the City Planning Commission has certified that a payment has been made to the High Line Improvement Fund, established under Section 98-25, to be used at the discretion of the Chairperson to assure that the High Line is restored and reused as a public accessible open space. The amount of such contribution shall be determined in the manner prescribed in Section 98-35 (High Line Transfer Corridor Bonus).

No building permit for any development or enlargement may be issued for any building or other structure on the zoning lot that will contain floor area made available to the zoning lot as a result of the application of this Section unless and until such certification has been made.

For zoning lots located between West 15th and West 19th Streets over which the High Line passes, the applicable basic maximum floor area ratio of the zoning lot may be increased up to the amount specified in Section 9822 (Maximum Floor Area Ratio and Lot Coverage in Subareas), provided that:

(a)        Prior to issuing a building permit for any development or enlargement on such zoning lot that would increase the applicable basic maximum floor area ratio by up to an amount specified in Section 9822, or within Subarea J would cause the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, the Department of Buildings shall be furnished with a certification by the Chairperson of the City Planning Commission that:

(1)        a contribution has been deposited into an escrow account or similar fund established by the City (the High Line Improvement Fund), or such contribution is secured by a letter of credit or other cash equivalent instrument in a form acceptable to the City. For subareas other than Subarea J, such contribution shall be used at the direction of the Chairperson solely for improvements to the High Line within the High Line improvement area applicable to such zoning lot, with such contribution being first used for improvements within that portion of the High Line improvement area on such zoning lot. For developments or enlargements within Subarea J, such contribution shall be used for any use with respect to the improvement, maintenance and operation of the High Line or the High Line Support Easement Volumes provided for under Appendix F of this Chapter, at the Chairperson’s direction, provided that, in lieu of a deposit to the High Line Improvement Fund, the contribution for the first 80,000 square feet of floor area shall be deposited to the Affordable Housing Fund established under Section 98-262 (Floor area increase), paragraph (c), for use in accordance with the provisions of that Section. Such contribution shall be made in accordance with the provisions of Appendix D, E or F of this Chapter, as applicable;

(2)        a declaration of restrictions executed by all “parties in interest” to the zoning lot, as defined in paragraph (f)(4) of the definition of zoning lot in Section 12-10 (DEFINITIONS), including and incorporating such other instruments as are necessary to assure that the City’s interest in the restoration and reuse of the High Line as an accessible public open space is protected, as determined by the Department of City Planning in consultation with the Office of the Corporation Counsel, is filed and recorded in the Office of the Register of the City of New York; and

(3)        all additional requirements of Appendix D, E or F, as applicable with respect to issuance of a building permit, have been met. For zoning lots located between West 18th and West 19th Streets over which the High Line passes, in the event that a certification is initially made by the Chairperson on the basis that the requirements of paragraph (a)(1) of Appendix E with respect to Stairway and Elevator Access Work have been met, and the Commissioner of Parks and Recreation later elects to require High Line Service Facility Work in accordance with the provisions of paragraph (b)(4) of Appendix E, such initial certification shall no longer be effective. In lieu thereof, a certification by the Chairperson that the requirements of paragraph (a)(1) of Appendix E with respect to High Line Service Facility Work have been met shall be required. Notwithstanding the foregoing, the Department of Buildings may continue to issue a building permit pursuant to the initial certification made for Stairway and Elevator Access Work, all building permits issued pursuant to the initial certification made for Stairway and Elevator Access Work shall remain in effect, and construction may continue pursuant to such permits, provided that the provisions of paragraph (c)(4)(ii) of this Section shall apply with respect to the issuance of any temporary or permanent certificates of occupancy for the development or enlargement authorized by such permits under the provisions of paragraph (c)(4).

(b)        Prior to issuing a certificate of occupancy for any portion of a development or enlargement on a zoning lot located between West 17th and West 18th Streets over which the High Line passes that would increase the applicable basic maximum floor area ratio by up to an amount specified in Section 9822, the Department of Buildings shall be furnished a certification by the Chairperson of the City Planning Commission that:

(1)        if required pursuant to agreement with the City under Appendix D, High Line improvements within the High Line improvement area, as shown in Appendix C of this Chapter, for such zoning lot, have been performed in accordance with such agreement;

(2)        if elected by the owner, structural and remediation work has been performed on the High Line within the High Line improvement area for such zoning lot, in accordance with Appendix D;

(3)        At-Grade Plaza Work has been performed on such zoning lot in the area shown in Diagram 3 of Appendix C of this Chapter, except as otherwise provided in agreements and other instruments that provide for City construction of some or all of the At-Grade Plaza Work, in accordance with Appendix D;

(4)        Stairway and Elevator Access Work has been performed on such zoning lot in the At-Grade Plaza area shown in Diagram 3 of Appendix C, or that an additional contribution to the High Line Improvement Fund to fund performance of such work has been made, except as otherwise provided in agreements and other instruments that provide for City construction of some or all of the Stairway and Elevator Access Work in the At-Grade Plaza, in accordance with Appendix D; and

(5)        all other applicable requirements of Appendix D have been met.

For temporary certificates of occupancy, certification with respect to performance of work required of owner shall be of substantial completion of the work as determined by the Chairperson. For permanent certificates of occupancy, certification with respect to performance of work required of owner shall be of final completion of the work, as determined by the Chairperson. In the event of a failure to perform work timely or to otherwise satisfy the requirements of this paragraph (b), no temporary or permanent certificate of occupancy shall be issued for floor area above the applicable basic maximum floor area for the zoning lot specified in Section 98-22, and the City may perform all such work in accordance with the provisions of Appendix D. In the event that the owner has executed agreements and other instruments that provide for City construction of some or all of the At-Grade Plaza Work and for some or all of the Stairway and Elevator Access Work, in accordance with Appendix D, certificates of occupancy shall be issued if owner has substantially or finally completed any aspects of the work required of owner pursuant to such agreements and other instruments, as the case may be, and is otherwise in full compliance with such agreements and instruments, including with respect to payment of all funds required pursuant to the terms thereof and Appendix D.

(c)        Prior to issuing a certificate of occupancy for any portion of a development or enlargement on a zoning lot located between West 16th and 17th Streets or between West 18th and 19th Streets over which the High Line passes that incorporates floor area that would increase the applicable basic maximum floor area ratio by up to an amount specified in Section 9822, the Department of Buildings shall be furnished a certification by the Chairperson, that:

(1)        if required pursuant to agreement with the City under Appendix E, High Line improvements within the High Line improvement area, as shown in Appendix C of this Chapter, for such zoning lot, have been performed in accordance with such agreement;

(2)        if elected by the owner, structural and remediation work has been performed on the High Line within the High Line improvement area for such zoning lot, in accordance with Appendix E;

(3)        for zoning lots located between West 16th and 17th Streets over which the High Line passes:

(i)        Stairway and Elevator Access Work; and

(ii)        High Line Service Facility Work applicable to such zoning lot has been performed on such zoning lot, in accordance with Appendix E;

(4)        for zoning lots located between West 18th and 19th Streets over which the High Line passes, either:

(i)        Stairway and Elevator Access Work; or

(ii)        if elected by the Commissioner of Parks and Recreation, High Line Service Facility Work applicable to such zoning lot, has been performed on such zoning lot, in accordance with Appendix E; and

(5)        all other applicable requirements of Appendix E have been met.

For temporary certificates of occupancy, certification with respect to performance of work shall be of substantial completion of the work as determined by the Chairperson. For permanent certificates of occupancy, certification with respect to performance of work shall be of final completion of the work, as determined by the Chairperson. In the event of a failure to perform work timely or to otherwise satisfy the requirements of this paragraph (c), no temporary or permanent certificate of occupancy shall be issued for floor area above the applicable basic maximum floor area for the zoning lot specified in Section 98-22, and the City may perform all such work in accordance with the provisions of Appendix E.

(d)        Prior to issuing a certificate of occupancy for any portion of a development or enlargement on a zoning lot located within Subarea J over which the High Line passes that incorporates floor area that would cause the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, the Department of Buildings shall be furnished a certification by the Chairperson, that:

(1)        High Line Support Work has been performed on such zoning lot, in accordance with and to the extent required by Appendix F; and

(2)        all other applicable requirements of Appendix F have been met.

For temporary certificates of occupancy, certification with respect to performance of work shall be of substantial completion of the work as determined by the Chairperson. For permanent certificates of occupancy, certification with respect to performance of work shall be final completion of the work, as determined by the Chairperson.

Within the Special West Chelsea District, C6-3 and C6-4 Districts within Subareas A through D, and I, shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

98-261

Definitions

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 or in Section 23-90 (INCLUSIONARY HOUSING), inclusive.

For developments or enlargements that have increased their permitted floor area through the transfer of development rights from the High Line Transfer Corridor by the minimum amount specified in the table in Section 98-22 (Maximum Floor Area Ratio and Lot Coverage in Subareas), and for conversions of non-residential floor area to dwelling units where the total residential floor area on the zoning lot will exceed the applicable basic maximum floor area ratio specified in the table in Section 98-22, such maximum permitted floor area may be increased through the provision of affordable housing pursuant to the Inclusionary Housing Program as modified in Section 98-26, inclusive, to the maximum amount specified in the table in Section 98-22, provided that:

(a)        In C6-4 Districts:

(1)        the amount of low income floor area is equal to at least 20 percent of the total residential floor area on the zoning lot;

(2)        the amount of low income floor area is equal to at least 10 percent of the total residential floor area on the zoning lot and the amount of moderate income floor area is equal to at least 15 percent of the total residential floor area on the zoning lot; or

(3)        the amount of low income floor area is equal to at least 10 percent of the total residential floor area on the zoning lot and the amount of middle income floor area is equal to at least 20 percent of the total residential floor area on the zoning lot.

(b)        In C6-3 Districts:

(1)        the amount of low income floor area is equal to at least 10 percent of the total residential floor area on the zoning lot;

(2)        the amount of low income floor area is equal to at least five percent of the total residential floor area on the zoning lot and the amount of moderate income floor area is equal to at least 7.5 percent of the total residential floor area on the zoning lot; or

(3)        the amount of low income floor area is equal to at least five percent of the total residential floor area on the zoning lot and the amount of middle income floor area is equal to at least 10 percent of the total residential floor area on the zoning lot.

For the purposes of this Section, low income floor area may be considered moderate income floor area or middle income floor area, and moderate income floor area may be considered middle income floor area.

However, in those subareas, or portions thereof, where the Inclusionary Housing Program is applicable, and where the Chairperson of the Department of City Planning has certified that at least 90 percent of the total development rights within the High Line Transfer Corridor have been transferred pursuant to Section 98-30, no transfer of floor area pursuant to Section 98-30 shall be required, and the basic maximum floor area ratio of a zoning lot containing the development or enlargement may be increased by up to 2.5 in Subareas B, C and D and on any zoning lot located in Subarea I over which the High Line does not pass, and up to 5.5 in Subarea A, in accordance with the provisions of paragraph (c) of this Section.

(c)        Affordable Housing Fund

Where the Chairperson of the City Planning Commission determines that more than 90 percent of the floor area eligible for transfer through the provisions of Section 98-30 have been transferred in accordance with such provisions, the Chairperson shall allow, by certification, an increase in floor area on any receiving site as specified in Section 98-33 (Transfer of Development Rights From the High Line Transfer Corridor), up to the amount that otherwise would have been permitted for such receiving site pursuant to Section 98-30, provided that instruments in a form acceptable to the City are executed ensuring that a contribution be deposited in the West Chelsea Affordable Housing Fund. Such fund shall be administered by the Department of Housing Preservation and Development and all contributions to such fund shall be used for the development, acquisition or rehabilitation of low, moderate or middle income housing located in Community District 4 in the Borough of Manhattan. The execution of such instruments shall be a precondition to the filing for or issuing of any building permit for any development or enlargement utilizing such floor area increase. Such contribution amount, by square foot of floor area increase, shall be determined, at the time of such Chairperson’s certification, by the Commission by rule, and may be adjusted by rule not more than once a year.

98-31

Purposes

The High Line Transfer Corridor, established within the Special West Chelsea District, is intended to enable the transfer of development rights from properties over which and immediately to the west of where the High Line passes and thereby permit light and air to penetrate to the High Line and preserve and create view corridors from the High Line bed.

The location of the High Line Transfer Corridor is specified in Appendix B of this Chapter.

In the High Line Transfer Corridor, special regulations relating to the transfer of floor area are set forth in Sections 98-33 through 98-35, inclusive.

In the Special West Chelsea District, a “granting site” shall mean a zoning lot, or portion thereof, in the High Line Transfer Corridor. A “receiving site” shall mean a zoning lot, or portion thereof, in any subarea other than Subareas F, H and J. Floor area from a granting site may be transferred to a receiving site in accordance with the provisions of this Section.

(a)        Notification

Prior to any transfer of floor area, the Department of City Planning shall be notified in writing of such intent to transfer floor area. Such notification shall be made jointly by the owners of the granting and receiving sites and shall include:

(1)        floor area zoning calculations for the granting and receiving site;

(2)        a copy of the distribution instrument legally sufficient in both form and content to effect such a distribution; and

(3)        if applicable, a certified copy of the instrument creating a secondary High Line access easement volume, pursuant to the provisions of Section 98-63.

Notices of restrictions in a form acceptable to the Department of City Planning shall be filed by the owners of the granting and receiving sites in the Office of the Register of the City of New York, indexed against the granting and receiving sites, certified copies of which shall be submitted to the Department of City Planning. Notice by the Department of City Planning of its receipt of certified copies thereof shall be a pre-condition to issuance by the Commissioner of Buildings of any building permit for any development or enlargement on the receiving site.

(b)        Floor area

The maximum amount of floor area transferred from a granting site located outside of a subarea shall not exceed the maximum floor area ratio permitted for a commercial or residential use on such granting site as of June 10, 2015, whichever is greater, less any existing floor area to remain on such granting site.

The maximum amount of floor area transferred from a granting site located in a subarea shall not exceed the basic maximum floor area ratio specified for the applicable subarea in the table in Section 98-22 (Maximum Floor Area Ratio and Lot Area in Subareas), less any existing floor area to remain on such granting site.

Each transfer, once completed, shall irrevocably reduce the amount of floor area that may be transferred from the granting site by the amount of floor area transferred.

The amount of floor area transferred to a receiving site from a granting site in the High Line Transfer Corridor shall not exceed the floor area ratio permitted on the receiving site through such transfer, pursuant to the table in Section 98-22.

(c)        Use

Floor area transferred from a granting site within the High Line Transfer Corridor may be used for any use allowed on the receiving site in accordance with the underlying zoning designation and the provisions of this Chapter.

(d)        Stairway easement requirement

As a condition for the transfer of floor area, an easement volume to facilitate pedestrian access to the High Line via stairway shall be provided in accordance with the provisions of Sections 98-60 (SPECIAL REGULATIONS FOR CERTAIN ZONING LOTS)
 and 98-63 (Recording of High Line Access Easement Volume).

(e)        Restrictive declaration

As a condition for the transfer of floor area, and in order to assure that the City’s interest in the restoration and reuse of the
 High Line as an accessible public open space is protected, a declaration of restrictions, executed by all “parties in interest” of the granting lot as defined in paragraph (f)(4) of the definition of zoning lot under Section 12-10 (DEFINITIONS), and including and incorporating such other instruments as are necessary to accomplish such purposes, as determined by the Department of City Planning in consultation with the Office of the Corporation Counsel, shall be filed and recorded in the Office of the Register of the City of New York. Notice by the Department of City Planning of receipt of certified copies of such recorded declaration shall be a precondition to issuance by the Commissioner of Buildings of any building permit, including any foundation or alteration permit, for any development or enlargement on the receiving site. Such recorded declaration shall be in addition to the Notice of Restrictions required pursuant to paragraph (a) of this Section.

Any zoning lot within the High Line Transfer Corridor that has transferred floor area pursuant to Section 98-33 (Transfer of Development Rights From the High Line Transfer Corridor), and is 50 percent or more vacant shall be screened from the street and/or landscaped in accordance with the provisions of this Section, except that zoning lots occupied by buildings that extend along at least 85 percent of the street frontage of the zoning lot and are located within five feet of the street line are not required to provide screening or landscaping.        

Such open or vacant areas on zoning lots shall be screened from the street by a fence or gate with a surface that is at least 75 percent open, extending not less than six feet and not higher than eight feet above finished grade; or alternatively, by a planting strip at least four feet wide and densely planted with evergreen shrubs at least four feet high at the time of planting or of a variety expected to reach a height of six feet within three years, or by both. Chain link and fences containing barbed wire or razor wire shall be prohibited. For portions of zoning lots located beneath the High Line, planting strips shall be prohibited.

For zoning lots, or portions thereof, within the High Line Transfer Corridor, the applicable basic maximum floor area ratio of that portion of a zoning lot that is within the High Line Transfer Corridor may be increased up to a maximum of 1.0, for an amount of floor area equivalent to the area of that portion of the zoning lot located within the High Line Transfer Corridor, provided the Chairperson of the City Planning Commission has certified that:

(a)        all the permitted floor area on that portion of the zoning lot that is within the High Line Transfer Corridor has been transferred to an eligible receiving site, in accordance with the provisions of Section 98-33;

(b)        that such granting site is vacant; and

(c)        a contribution has been deposited into the High Line Improvement Fund established under Section 98-25, to be used at the direction of the Chairperson to assure that the High Line is restored and reused as a publicly accessible open space.

No building permit for any development or enlargement that anticipates using such increased floor area may be issued unless and until such certification has been made.

Such contribution amount shall be $50.00 per square foot of floor area as of June 23, 2005, and shall be adjusted August 1 of each subsequent year, by the City or its designee, based on the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics.

Such bonus floor area shall only be used for a permitted commercial use, which shall be located in that portion of the zoning lot that is within the High Line Transfer Corridor; however, public parking lots and public parking garages at or above curb level shall not be permitted; and the height of any development or enlargement within the High Line Transfer Corridor shall not exceed a height of 3 feet, 6 inches above the level of the High Line bed.

The yard regulations of the underlying district shall apply, except as modified in this Section. In all districts, no rear yard regulations shall apply to any zoning lot that includes a through lot portion that is contiguous on one side to two corner lot portions and such zoning lot occupies the entire block frontage of the street. Where a rear yard equivalent is required by either Section 23-532 (Required rear yard equivalents) or Section 43-28 (Special Provisions for Through Lots), it shall be provided only as set forth in paragraph (a) of either Section, as applicable. However, in M1-5 Districts, a building existing prior to January 22, 2015, may be enlarged pursuant to Section 43-28, paragraph (b), provided that such building is on a zoning lot located entirely within 150 feet of the west side of the High Line. Where a rear yard equivalent is required by Section 23-533 (Required rear yard equivalents for Quality Housing buildings), the alternatives for through lots with a depth of 180 feet or less shall not apply.

The height and setback regulations of the underlying district shall not apply, except as set forth in this Section, inclusive. Furthermore, for any zoning lot located adjacent to the High Line, the provisions of Section 98-50, inclusive, shall also apply. All heights shall be measured from the base plane, unless otherwise specified.

Within the Special West Chelsea District, the High Line shall remain open and unobstructed from the High Line bed to the sky, except for improvements constructed on the High Line in connection with the use of the High Line as a public open space, and except where the High Line passes through and is covered by a building existing on November 13, 2012.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings or other structures within the Special West Chelsea District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts). However, dormers may not exceed the maximum building height in Subareas C, F and G where the maximum base height and maximum building height are the same.

All mechanical equipment located within 15 feet of the level of the High Line bed that is within 25 feet of the High Line, measured horizontally, or within the High Line frontage, as applicable, shall be screened and buffered with no intake or exhaust fans or vents facing directly onto the High Line.

The provisions set forth in paragraph (a) of this Section shall apply to all buildings or other structures. Such provisions are modified for certain subareas as set forth in paragraphs (b) through (g) of this Section.

(a)        For all buildings

(1)        Street wall location provisions

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along such entire street frontage of the zoning lot up to at least the minimum base height specified in the table in this Section. On narrow street frontages,
 beyond 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along at least 70 percent of the narrow street frontage of the zoning lot up to at least the minimum base height specified in the table in this Section.

Where street walls are required to be located on the street line, recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building. Above a height of 12 feet, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except that, to allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection.

For developments that occupy the entire block frontage of a street and provide a continuous sidewalk widening along such street line, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of this Section.

The street wall location provisions of this Section shall not apply along that portion of any street frontage:

(i)        over which the High Line passes;

(ii)        occupied by existing buildings to remain, unless such buildings are vertically enlarged; or

(iii)        between the High Line and a side lot line, where such frontage measures less than 20 feet.

(2)        Maximum building heights

(i)        For C6-2A and C6-3A Districts

In C6-2A and C6-3A Districts, the maximum base height, maximum building height and the maximum number of stories shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for the residential equivalent of an R8A and R9A District, respectively. For buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum heights and number of stories may be modified in accordance with the provisions of paragraph (b) of Section 23-664 for such districts’ applicable residential equivalent. Separate maximum building heights are set forth within such Sections for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors.

(ii)        For all other districts

All portions of buildings or other structures that exceed the applicable maximum base height specified in the table in this Section shall provide a setback at a height not lower than the applicable minimum base height. A setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except such dimensions may include the depth of permitted recesses in the street wall.

No building or other structure shall exceed the maximum building height specified in the table in this Section.

(b)        Subareas A and D

(1)        Street wall location

In Subarea D, on corner lots between the north side of West 18th Street and the south side of West 22nd Street, a street wall with a minimum height of 15 feet shall be located on the narrow street line between 50 and 150 feet of its intersection with Eleventh Avenue.

In Subarea D, for buildings that do not include towers as set forth in paragraph (b)(3) of this Section, the street wall location provisions set forth in paragraph (a) shall not apply to any zoning lot that occupies the entire Eleventh Avenue block front. In lieu thereof, street walls with a minimum base height of 60 feet shall be located within 10 feet of all street lines bounding such zoning lot and extend along at least 70 percent of each street frontage of the zoning lot.

(2)        Setback provisions

The setback provisions for portions of buildings above the maximum base height set forth in paragraph (a) of this Section shall not apply. In lieu thereof, no portion of a building or other structure that exceeds the applicable maximum base height shall penetrate a sky exposure plane that begins above the street line at the maximum base height and rises over the zoning lot at a ratio of 2.7 feet of vertical distance to one foot of horizontal distance on a narrow street, and 5.6 feet of vertical distance to one foot of horizontal distance on a wide street.        

(3)        Tower provisions

Any building, or portion thereof, which in the aggregate occupies not more than 40 percent of the lot area of the zoning lot and penetrates the sky exposure planes set forth in paragraph (b)(2) of this Section, is hereinafter referred to as a “tower.” Such towers are permitted provided they are set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line, and provided no other portion of the building exceeds the applicable maximum base height. In addition, the following rules shall apply:

(i)        For zoning lots with less than 20,000 square feet of lot area, such tower may occupy more than 40 percent of the lot area of the zoning lot in accordance with the provisions of Section 33-454 (Towers on small lots).

(ii)        Any story within the highest 40 feet of such tower (the “penthouse portion”), shall not exceed 85 percent of the gross area of the highest story directly below such penthouse portion.

(iii)        In Subarea A, such tower shall occupy at least 30 percent of the lot area of the zoning lot, except that such minimum lot coverage requirement shall be reduced to 25 percent above a height of 220 feet. However, no minimum lot area requirement shall apply to the highest four stories or 40 feet of such building, whichever is less.

(iv)        In Subarea A, the maximum length of any story located above a height of 220 feet shall not exceed 150 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story entirely above a height of 220 feet. Any side of such rectangle shall not exceed 150 feet.

(v)        In Subarea A, for any zoning lot with more than 75 feet of narrow street frontage in which a side lot line is located within an area bounded by a line 200 feet east of and parallel to Eleventh Avenue and a line 410 feet east of and parallel to Eleventh Avenue, no tower portion of a building shall be located closer than 25 feet to such side lot lines.

(vi)        In Subarea D, the maximum building height shall be 250 feet, and the maximum length of any story located above the maximum base height shall not exceed 150 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story wholly or partially above the maximum base height. Any side of such rectangle shall not exceed 150 feet. However, for zoning lots that occupy the entire Eleventh Avenue block front, a portion of the street wall may rise above the maximum base height without setback from Eleventh Avenue, provided the aggregate width of the street wall for Eleventh Avenue does not exceed 100 feet.

(c)        Subareas C, F and G

In Subareas C, F and G, for zoning lots with wide and narrow street frontage, no street wall is required beyond 50 feet of a wide street. Furthermore, for any development or enlargement that occupies at least one corner of the Tenth Avenue block front and extends along the Tenth Avenue frontage of the zoning lot for at least 170 feet, exclusive of existing buildings to remain, a lowered street wall shall be provided for any building that exceeds 45 feet in height. Such lowered street wall shall have a maximum height of 45 feet and a minimum height of 35 feet and extend along the Tenth Avenue frontage for a width not less than 25 percent and not more than 30 percent of the aggregate width of street walls facing Tenth Avenue. Such lowered street wall portion of the Tenth Avenue frontage shall be located at the intersection of Tenth Avenue and a narrow street. Such lowered street wall shall extend along such narrow street line for a distance of at least 50 feet from Tenth Avenue. Beyond 50 feet of Tenth Avenue, excluding the High Line frontage of a building, such portion of the building shall not exceed a height of 45 feet.

The provisions of this Section, relating to the location and height of the lowered street wall portion of the Tenth Avenue frontage of a building are illustrated in Diagram 1 (Street Wall and High Line Frontage Regulations in Subareas C, F and G) in Appendix C of this Chapter.

In Subarea C, for zoning lots with Tenth Avenue frontage between West 24th Street and West 28th Street, the maximum building height shall be 125 feet.

(d)        Subarea E

The street wall location provisions set forth in paragraph (a) of this Section shall not apply on a zoning lot fronting on West 18th Street and located partially in Subareas D, E and G, where floor area has been transferred pursuant to Section 98-241. A maximum of 60 percent of the West 18th Street frontage within Subarea E may rise without setback to a maximum building height of 250 feet, and a minimum of 20 percent of the West 18th Street frontage within Subarea E shall rise without setback to a minimum height of 60 feet and a maximum height of 85 feet and be located within 10 feet of the street line.

(e)        Subarea H

No building or other structure shall be located east of the High Line, unless otherwise specified in agreements and other instruments that provide for City construction of some or all of the At-Grade Plaza Work and some or all of the Stairway and Elevator Work, executed in accordance with Appendix D.

No portion of a building or other structure shall exceed a height of 85 feet except for two buildings, or portions of buildings, hereinafter referred to as “Tower East” and “Tower West.” At or above the base height, both such towers shall be set back at least 10 feet from any street wall facing a wide street and at least 15 feet from any street wall facing a narrow street. Such setbacks shall be provided at a height not lower than 60 feet, except that such setbacks may be provided at a height not lower than 40 feet, provided at least 65 percent of the aggregate width of street walls facing narrow streets and at least 60 percent of the aggregate width of street walls facing wide streets
 have a minimum base height of 60 feet.

Tower East shall be located in its entirety within 240 feet of the Tenth Avenue street line, and Tower West shall be located in its entirety within 200 feet of the Eleventh Avenue street line. Tower East shall not exceed a height of 290 feet and Tower West shall not exceed a height of 390 feet. No portion of Tower East shall be located closer than 25 feet to any portion of Tower West.

A maximum of 50 percent of the street wall of Tower West may rise without setback from a narrow street line. Such portion of the street wall shall be located a minimum of 15 feet and a maximum of 20 feet from the narrow street line.

(f)        Subarea I

In that portion of Subarea I located within 300 feet of Tenth Avenue between West 16th Street and West 17th Street, the street wall location provisions set forth in paragraph (a) of this Section shall not apply along Tenth Avenue, as shown in Diagram 5 of Appendix C of this Chapter, but shall apply along a minimum of 85 percent of the West 16th Street and West 17th Street frontages. No portion of a building or other structure located within 300 feet of Tenth Avenue shall exceed a height of 120 feet, except for one building which may have a height not to exceed 250 feet provided such building is located in its entirety between 10 feet and 90 feet of West 17th Street and has a length that does not exceed 175 feet when measured parallel to the West 17th Street street line.

In all other portions of Subarea I, the provisions of paragraph (a) shall apply.

(g)        Subarea J

The provisions set forth in paragraph (a) of this Section shall not apply to any development or enlargement that utilizes the provisions of Section 98-25. In lieu thereof, the provisions of this paragraph (g) shall apply.

(1)        Midblock Zone

The Midblock Zone shall be that portion of Subarea J located more than 150 feet west of the Ninth Avenue street line and more than 200 feet east of the Tenth Avenue street line. Within the Midblock Zone, a building shall have a maximum street wall height before setback of 110 feet, and shall have a maximum building height of 130 feet.  

(2)        Ninth Avenue Zone

The Ninth Avenue Zone shall be that portion of Subarea J within 150 feet of the Ninth Avenue street line. Within the Ninth Avenue Zone, any portion of a building shall have a maximum street wall height of 130 feet before setback and a maximum building height of 135 feet. Any building located above a height of 130 feet shall be set back at least five feet from the Ninth Avenue street wall and at least 15 feet from the West 15th Street and West 16th Street street walls.

(3)        Tenth Avenue Zone

The Tenth Avenue Zone shall be that portion of a zoning lot within 200 feet of the Tenth Avenue street line. Within the Tenth Avenue Zone, any portion of a building shall have a maximum street wall height of 185 feet before setback and a maximum building height of 230 feet, provided that any portion of a building located above a height of 90 feet shall be set back not less than 15 feet from the Tenth Avenue street line. Any portion of a building located above a height of 185 feet shall be set back at least 10 feet from the West 15th and West 16th Street street lines, and at least 25 feet from the Tenth Avenue street line. Any portion of a building above a height of 200 feet shall be set back at least 25 feet from the West 15th and West 16th Street street lines, and at least 35 feet from the Tenth Avenue street lines, and any portion of a building located above a height of 215 feet shall be set back at least 75 feet from the Tenth Avenue street line. Permitted obstructions allowed pursuant to Section 33-42 shall be permitted.

MINIMUM AND MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT BY DISTRICT OR SUBAREA

District or Subarea

Minimum Base Height (in feet)

Maximum Base Height (in feet)

Maximum Building Height (in feet)

M1-5

50

95

135

Subarea A

within 50 feet of a wide street

60

85

____ 1

between 50 and 100 feet of a wide street

15

85

____ 1

for zoning lots with only narrow street frontage

40

60

____ 1

Subarea B

60

95

135

Subarea C

for zoning lots with only narrow street frontage

60

110

110

for zoning lots with Tenth Avenue frontage

1052 

1252

1252

for zoning lots with Eleventh Avenue frontage

1252

1452

1452

Subarea D

60

90

2501

Subarea E

60

1053

1203

Subarea F

602

802

802

Subarea G

for zoning lots with only narrow street frontage

60

95

95

for zoning lots with wide street frontage

1052

1202

1202

Subarea H

604

854

____ 4

Subarea I

within 300 feet of Tenth Avenue between W. 16th St. & W. 17th St.

60

85

1205

all other areas

60

105

135

Subarea J

Midblock Zone

NA

1106

1306

Ninth Avenue Zone

NA

1306

1356

Tenth Avenue Zone

NA

1856

2306

1        see Section 98-423, paragraph (b)

2        see Section 98-423, paragraph (c)

3        see Section 98-423, paragraph (d)

4        see Section 98-423, paragraph (e)

5        see Section 98-423, paragraph (f)

6        see Section 98-423, paragraph (g)

For zoning lots located entirely within 75 feet of the west side of the High Line, the City Planning Commission may authorize the modification of height and setback regulations set forth in Sections 98-40 and 98-50, inclusive, the transparency requirements set forth in Sections 98-141 and 98-54, and the underlying rear yard and minimum distance between legally required windows and walls or lot lines regulations. The Commission shall find that such modification will result in a better distribution of bulk on the zoning lot and will not adversely affect access to light and air for surrounding public areas.

The Commission may prescribe appropriate conditions and safeguards to enhance the character of the surrounding area.

(a)        Subarea A

At least 60 percent of the aggregate length of the eastern High Line frontage of a building shall set back at the level of the High Line bed. Not more than 40 percent of the aggregate length of such High Line frontage may rise above the level of the High Line bed. No portion of such High Line frontage shall exceed a maximum height of 20 feet above the level of the High Line bed, as illustrated in Diagram 2 (Street Wall and High Line Frontage Regulations in Subarea A) in Appendix C of this Chapter.

(b)        In C6-3A Districts and in Subareas C, F and G

For zoning lots extending less than 115 feet along the eastern side of the High Line, no portion of the eastern High Line frontage of a building shall exceed a height of 3 feet, 6 inches above the level of the High Line bed.

For zoning lots that extend for at least 115 feet along the eastern side of the High Line, no portion of the eastern High Line frontage of the building shall exceed a height of 3 feet, 6 inches above the level of the High Line bed, except that a maximum of 40 percent of such High Line frontage may rise without setback above a height of 3 feet, 6 inches above the level of the High Line bed provided such portion of the building is not located directly between the High Line and any street wall of a building that is subject to a maximum height of 45 feet in accordance with paragraph (c) (Subareas C, F and G) of Section 98-423 (Street wall location, minimum and maximum base heights and maximum building heights).

The portions of buildings in which High Line Service Facilities are provided in accordance with paragraph (b)(4) of Appendix E shall be considered permitted obstructions to the height and setback regulations of this paragraph (b).

However, the provisions of this paragraph (b) shall not apply to any zoning lot existing on June 23, 2005 where the greatest distance between the eastern side of the High Line and a lot line east of the High Line is 35 feet when measured parallel to the nearest narrow street line.

In C6-2A, C6-3A and M1-5 Districts and in Subareas A, B and E, no portion of the western High Line frontage of a building, including parapets, shall exceed a height of 3 feet, 6 inches above the level of the High Line bed.

For any zoning lot, or portion thereof, with more than 60 feet of width measured perpendicular to the west side of the High Line, the following rules shall apply to any building containing residences:

(a)        At least 60 percent of the aggregate length of that portion of the building located above a height of 3 feet, 6 inches above the level of the High Line bed and facing the High Line shall be located between 15 and 20 feet of the west side of the High Line and extend up to at least the applicable minimum base height specified in the table in Section 98-423; and

(b)        No building, or portion thereof, that exceeds the applicable maximum base height specified in the table in Section 98-423 shall be located within 30 feet of the High Line.

Chain link fences and razor wire shall not be permitted within the western High Line frontage.

For any development or enlargement on a zoning lot, or portion thereof, within C6-3A Districts or within Subareas A, C, F or G and over which the High Line passes or on a zoning lot adjacent to a zoning lot over which the High Line passes, a landscaped open area shall be provided in an amount equal to at least 20 percent of the lot area of the portion of the zoning lot that is within C6-3A Districts or within Subareas A, C, F or G, pursuant to the requirements of paragraphs (a) and (b) of this Section. Such open area shall be located directly adjacent to the High Line with its longest side adjacent to the High Line and shall be located at an elevation not to exceed a height of 3 feet, 6 inches above the level of the High Line bed adjacent to the zoning lot. At no point shall such open area be located within 50 feet of Tenth Avenue.

(a)        Open area requirements

All required open areas shall:

(1)        have no portion used as a driveway, vehicular access way or for parking, and shall be screened from off-street loading and service areas;

(2)        be landscaped with shrubs, vines, flowers, ground cover, trees, and/or plants in planters over a minimum of 25 percent of the required open area;

(3)        be maintained by the building owner who shall be responsible for the maintenance of the open area including, but not limited to, the repair of all amenities, litter control and the care and replacement of vegetation within the zoning lot;

(4)        have all mechanical equipment which is located at the same elevation as the open area, or within 15 feet of the level of the open area, screened and buffered with no intake or exhaust fans facing directly onto the required open area; and

(5)        for open area screening, required open areas may be screened from the public areas of the High Line by a wall, fence, or plantings extending not higher than eight feet above the average elevation of the open area. All screening materials must be substantially transparent. For the purposes of this Section, substantially transparent screening is defined as transparent, or non-opaque, in an evenly distributed fashion for at least 75 percent of its area. Chain link fences and razor wire shall not be permitted. Vegetated screening, such as shrubs, vines and other plantings, may be opaque if completely covered by vegetation, provided that any underlying surface is substantially transparent.

In addition, such screening material shall be maintained in good condition at all times, may be interrupted by normal entrances and/or exits, and shall have no signs hung or attached thereto, other than those permitted in Section 98-15.

(b)        Permitted obstructions

Only the following shall be permitted to obstruct a required open area:

(1)        any High Line access structure providing pedestrian access to the High Line by stairway or elevator;

(2)        the portions of buildings in which High Line Service Facilities are provided in accordance with paragraph (b)(4) of Appendix E;

(3)        those items listed in paragraph (a) of Section 37-726 (Permitted obstructions); and

(4)        open air cafes and kiosks, provided that open air cafes may occupy in the aggregate no more than 75 percent of such required open area.

The transparency requirements of this Section shall apply to the High Line frontage portion of buildings developed or enlarged after June 23, 2005, and located in C6-3A Districts and within Subareas A, C, F and G, except for such portions that contain dwelling units. At least 50 percent of the area of such frontage, to be measured from a point not lower than four feet and not higher than eight feet above the level of the High Line bed, shall be glazed and transparent and at least 75 percent of such glazed surface shall be fully transparent.

Except in Subarea J, any portion of such High Line frontage that is 40 feet or more in length and contains no transparent element between the level of the High Line bed and an elevation of 12 feet above the level of the High Line bed, shall be planted with vines or other plantings or contain artwork. Such elements shall substantially cover the applicable non-transparent portion of the High Line frontage.

For all developments or enlargements within the Special West Chelsea District, an easement volume to facilitate public pedestrian access to the High Line via stairway and elevator (hereinafter referred to as “primary access”), shall be provided on any zoning lot over which the High Line passes that, on or after December 20, 2004, has more than 5,000 square feet of lot area. For all developments or enlargements within Subareas H, I and J that are developed pursuant to Section 98-25 (High Line Improvement Bonus), this provision does not apply.

In the High Line Transfer Corridor, an easement volume to facilitate public pedestrian access to the High Line via stairway (hereinafter referred to as “secondary access”), shall be provided on any zoning lot from which floor area has been transferred pursuant to Section 98-33 unless a primary access easement has been provided pursuant to this Section.

However, a primary access easement shall not be required if a primary access easement is already provided on the same block and a secondary access easement shall not be required if a primary or secondary access easement has already been provided on the same block. Furthermore, primary and/or secondary access easements shall not be required where the Chairperson of the City Planning Commission certifies that:

(a)        the minimum dimensions required for the access easement volume pursuant to paragraph (a) of Section 98-62 cannot be accommodated within 33 feet, 6 inches of a street line for primary access easements and 40 feet of a street line for secondary access easements; or

(b)        in the case of a primary easement, a secondary easement is already provided on the same zoning lot and such easement is sufficient in size, or has been enlarged to be sufficient in size, to accommodate the provisions for primary access easements as specified in Section 98-62; or

(c)        for primary or secondary easements, access has already been constructed, or an access volume has been dedicated, on the same block or on the same street frontage, and that such access or access volume meets the location and access requirements for primary or secondary access easements, as specified in Section 98-62, paragraphs (a) and (b), and meets all standards, as applicable, for persons with disabilities; or

(d)        for primary or secondary easements, construction documents for the High Line open space have been developed by the City that specify the same street frontage as an access location; or

(e)        such development or enlargement is located wholly within an M1-5 District and no portion of such development or enlargement has more than 10,000 square feet of floor area and is located within five feet of the High Line; or

(f)        such development or enlargement is located on a zoning lot that fronts on West 23rd Street.

The provisions of this Section shall apply to any zoning lot providing an access easement volume, other than a zoning lot developed pursuant to Section 98-25 (High Line Improvement Bonus), as follows:

(a)        Location and Minimum Dimensions

(1)        Primary access easement volume

A primary access easement volume may be located within a building or within open areas on the zoning lot, including open areas required pursuant to Section 98-53 (Required Open Areas on the East Side of the High Line), provided such volume is within 15 feet of a narrow street line. The minimum length of such volume shall be 18 feet, 6 inches, and the minimum width shall be 10 feet; however, the minimum area of such volume shall be 350 square feet. The height of such volume shall extend from a point at least 10 feet below curb level to a point at least 15 feet above the level of the High Line bed. A primary access easement volume may also replace a previously provided secondary access easement volume, and such secondary access easement volume may be terminated pursuant to Section 98-64. Such minimum dimensions are illustrated in Diagram 6 (High Line Access Easement Volume Parameters) of Appendix C of this Chapter.

(2)        Secondary access easement volume

A secondary access easement volume shall be located within 15 feet of a narrow street line and directly adjacent to the High Line for a minimum length of 25 feet. Such volume shall have a minimum width of 10 feet. The height of such volume shall extend from curb level to a point at least 10 feet above the level of the High Line bed.

(b)        Access

All access easement volumes shall be accessible either directly from a public sidewalk or through a publicly traversable way through the zoning lot directly connecting with a public sidewalk. Such publicly traversable way shall meet the following requirements:

(1)        The required width of the publicly traversable way shall be a minimum of eight feet.

(2)        No portion of the publicly traversable way shall be interrupted or occupied by an off-street parking or loading area.

(3)        The access easement volume shall be visible from the public sidewalk or the publicly traversable way.

(4)        The publicly traversable way shall be maintained by the property owner in good repair.

(5)        The publicly traversable way shall be fully accessible to persons with disabilities.

(6)        The publicly traversable way shall be open and accessible to the public at all times when a stairway and/or elevator located within the associated access easement volume is open and accessible to the public.

(c)        Permitted obstructions

Any access structure within the access easement volume, or any weather protection provided by an overhang or roofed area over such access easement volume, accessory to the access structure, shall be considered permitted obstructions within required yards or open areas.

(d)        Permitted uses

An access easement volume required on a zoning lot pursuant to the provisions of this Chapter may be temporarily used by the owner of such zoning lot for any permitted use until such time as required by the City of New York or its designee for access purposes. Such permitted use shall be limited to non-residential uses where such access easement volume is within a building. Where such access easement volume is within an open area, such area shall be landscaped, or may be improved in accordance with the provisions of Sections 37-726 (Permitted obstructions) and 37-73 (Kiosks and Open Air Cafes), except that in the case of open air cafes and kiosks, a certification shall not be required.

Improvements or construction of a temporary nature within the easement volume shall be removed by the owner of such zoning lot prior to the time at which public use of the easement areas is required. A minimum notice of six months in writing shall be given by the City of New York or its designee to the owner of the zoning lot, in order to vacate the tenants of such temporary uses.

(e)        Legally required windows

The minimum distance between any legally required window in a portion of a building used for residential use and an access easement volume shall be 30 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.

An instrument in a form acceptable to the Department of City Planning creating a High Line access easement volume shall be recorded in the Office of the City Register, a certified copy of which shall be submitted to the Department of City Planning.

Notice by the Department of City Planning of its receipt of a certified copy of an instrument establishing any access easements required pursuant to this Chapter shall be a precondition to issuance by the Commissioner of Buildings of any building permits including any foundation or alteration permit for any development of enlargement on a site pursuant to Section 98-60 for primary access easements. Receipt of a certified copy of an instrument creating a secondary access easement shall be provided in conjunction with notification, pursuant to Section 98-33, paragraph (a).

In the event that the City Planning Commission notifies the Department of Buildings and the owner in writing that a High Line access easement volume is not required on a zoning lot under the final construction plans for the restoration and reuse of the High Line as an accessible, public open space, the restrictions imposed on such zoning lot by the provisions of Section 98-61 (High Line Access or Support Easement Volumes Requirement) shall lapse, following receipt of notification thereof by the owner, and the owner shall have the right to record an instrument reciting the consent of the Commission to the extinguishment of the easement volume. On termination of the High Line access easement volume requirement which has been certified pursuant to this Section, any area reserved for such easement within a building or other structure may be used for any use permitted pursuant to the provisions of this Chapter and such area shall not be considered floor area; and any open area reserved for such easement shall be maintained as an open area and shall be subject to the open area requirements of Section 98-53 (Required Open Areas on the East Side of the High Line).

The provisions of paragraph (b) of Section 93-65 (Transit Facilities) shall apply to any subway-related use on a zoning lot that includes the volume bounded by a line 37 feet east of and parallel to Eleventh Avenue, West 26th Street, a line 100 feet east of and parallel to Eleventh Avenue, and a line 95 feet south of and parallel to West 26th Street, up to a height of 60 feet, as illustrated on the District Map in Appendix A of this Chapter.

(a)        In the Special West Chelsea District, the provisions of paragraphs (a) through (d), inclusive, of Section 93-90 (HARASSMENT) shall apply as modified in this Section.

(b)        In the Special West Chelsea District, the provisions of Section 93-91 (Demolition) shall apply.

For the purposes of this Section, the following definitions in Section 93-90 shall be modified:

        

Anti-harassment area

“Anti-harassment area” shall mean the Special West Chelsea District.

        

Referral date

“Referral date” shall mean December 20, 2004.

In addition, Section 93-90, paragraph (d)(3), is modified as follows:

No portion of the low income housing required under this Section shall qualify to:

(a)        increase the floor area ratio pursuant to the provisions of the Special West Chelsea District, Special Hudson Yards District, Special Garment Center District, Special Clinton District or Section 23-154; or

(b)        satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.

        

Appendix A

Special West Chelsea District and Subareas

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix A.0

        

Appendix B

High Line Transfer Corridor Location

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix B.0

        

Appendix C

Diagram 1 – Street Wall and High Line Frontage Regulations in Subareas C, F and G

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.0

        

(6/23/05)

Diagram 2 – Street Wall and High Line Frontage Regulations in Subarea A (98C.2)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.1

        

(10/17/07)

Diagram 3 – Subarea H Requirements (98C.3)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.2

        

(6/23/05)

Diagram 4 – High Line Improvement Area Boundaries for Zoning Lots Divided by District Boundaries in Subareas D, E and G (98C.4)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.3

        

(3/22/06)

Diagram 5 – Subarea I Requirements Between West 16th and West 17th Streets (98C.5)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.4

        

(6/23/05)

Diagram 6a – High Line Access Easement Volume Parameters: Primary Access Easement Volume (98C.6a)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.5

        

Diagram 6b – High Line Access Easement Volume Parameters: Secondary Access Easement Volume (98C.6b)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.6

        

(6/23/05)

Diagram 7 – High Line Bed and Frontages (98C.7)

Zoning Resolutions Chapter 8: Special West Chelsea District Appendix C.7

        

Appendix D

Special Regulations for Zoning Lots Utilizing the High Line Improvement Bonus in Subarea H

This Appendix sets forth additional requirements governing zoning lots located within Subarea H between West 17th and 18th Streets over which the High Line passes with respect to a development or enlargement which involves an increase in the applicable basic maximum floor area ratio of the zoning lot up to the amount specified in Section 9822 (Maximum Floor Area Ratio and Lot Coverage in Subareas), with respect to: (1) the issuance of a building permit for such development or enlargement pursuant to paragraph (a) of Section 9825 (High Line Improvement Bonus); and (2) the performance or funding of improvements as a condition of issuance of temporary or permanent certificates of occupancy, pursuant to paragraph (b) of Section 9825, for floor area in such development or enlargement which exceeds the basic maximum floor area ratio of the zoning lot. The term “parties in interest” as used herein shall mean “parties-in-interest,” as defined in paragraph (f)(4) of the definition of zoning lot under Section 12-10.

(a)        Requirements for issuance of building permit under paragraph (a) of Section 9825

(1)        As a condition of issuance of a building permit under paragraph (a) of Section 9825:

(i)        Owner shall, subject to reduction pursuant to the other provisions of this Appendix D, deposit into the High Line Improvement Fund, or secure by letter of credit or other cash equivalent instrument in a form acceptable to the City, a contribution of $50.00 per square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot, up to the amount specified in Section 98-22, provided, that in the event the Owner has previously entered into agreements for construction of At-Grade Plaza Work and Stairway and Elevator Access Work by the City, pursuant to paragraph (a)(2) of this Appendix D, and has made a contribution pursuant thereto, the amount of contribution to the High Line Improvement Fund under this subparagraph for purposes of Section 98-25, paragraph (a) shall be reduced by such amount at the time it is made;

(ii)        all parties-in-interest shall execute a restrictive declaration including easements to the City providing for: the location of and public access to and use of the At-Grade Plaza and the stairway and elevator that will provide access to the High Line, as shown in Diagram 3 of Appendix C, such easement area for the At-Grade Plaza to include the entire area of the zoning lot east of the High Line and such easement area as it relates to such stairway and elevator to be at least 2,500 square feet and in a location and configuration acceptable to the City; access for the potential performance by the City of work under the provisions set forth below; and maintenance and repair of the stairway and elevator. Such declaration shall incorporate by reference the maintenance and operating agreement referred to in paragraph (a)(1)(iii) of this Appendix D, provided that, in the event the Owner enters into agreements for construction of some or all of the At-Grade Plaza Work and Stairway and Elevator Access Work by the City pursuant to paragraph (a)(2) of this Appendix D, the provisions of such restrictive declaration shall be modified as deemed necessary by the City to effectuate such agreements; and

(iii)        the Owner shall execute a maintenance and operating agreement for the At-Grade Plaza.

The easements and agreements described herein shall remain in force and effect irrespective of whether certificates of occupancy are issued pursuant to Section 98-25, paragraph (b).

(2)        Upon the request of the Owner or the City, the City in its sole discretion, may enter into agreements with the Owner, in a form acceptable to the City, providing for construction by the City of some or all of the At-Grade Plaza Work described in paragraph (b)(2)(ii)(b) of this Appendix D, and some or all of the Stairway and Elevator Access Work described in paragraph (b)(3)(ii) by the City, including provisions with regard to the viability of retail space fronting the At-Grade Plaza. Pursuant to such agreements, the Owner shall make a contribution of $2,300,000 to a sub-account of the High Line Improvement Fund to fund such construction, which amount may be reduced in accordance with provisions of such agreements by an amount reflecting expenditures that the owner has reasonably incurred or shall reasonably incur with respect to remediation work for the At-Grade Plaza and any other work which is the responsibility of the Owner pursuant thereto. All parties in interest shall execute a Restrictive Declaration pursuant to paragraph (a)(1)(ii) of this Appendix D, with such modifications as deemed necessary by the City to effectuate such agreements.

(3)        Upon the request of Owner, the City in its sole discretion, may elect to have Owner perform all High Line improvements (i.e., non-structural and non-remediation work) at its own expense within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous to such zoning lot. In that event, certification under Section 98-25, paragraph (a), shall also be made upon execution of an agreement by Owner, approved by the Chairperson of the City Planning Commission, to perform such improvements, the cost of which shall be refunded or credited from the contribution to the High Line improvement. Such agreement may require Owner to reimburse the City for the costs of a full-time resident engineer to supervise such work.

(4)        The location of floor area which would exceed the basic maximum floor area ratio and be subject to the provisions of Section 98-25 shall be considered to be the topmost portion of the development or enlargement unless, at the time of certification pursuant to Section 9825, paragraph (a), Owner designates, subject to the concurrence of the Chairperson of the City Planning Commission, an alternate location.

(b)        Requirements for issuance of certificates of occupancy under paragraph (b) of Section 9825

(1)        Structural Remediation Work under paragraph (b)(2) of Section 9825:

(i)        Owner may, at its option, elect to perform Structural Remediation Work on the portion of the High Line within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous thereto in accordance with the provisions of this paragraph (b). Owner may exercise such option following receipt of the City’s specifications for the Structural Remediation Work or upon the City’s failure to provide such specifications, as set forth in paragraphs (b)(1)(iv) and (b)(1)(v) in this Section (unless such dates are extended by mutual agreement of the City and Owner), but in no event may exercise such option later than 90 days following receipt of a notice by the City of its intent to commence improvements to the High Line within the High Line improvement area applicable to the zoning lot within the next 24 months. In that event, the amount of contribution to the High Line Improvement Fund shall be reduced by $21.00 per square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 and the City shall refund or credit the Owner, as applicable, for any excess from or against the High Line Improvement Fund. In the event of exercise of such option, certification pursuant to Section 98-25, paragraph (b)(2), with respect to the Structural Remediation Work, shall be of substantial completion with respect to issuance of any temporary certificate of occupancy, and of final completion with respect to issuance of any final certificate of occupancy.

(ii)        Such Structural Remediation Work shall include work on or under the High Line and above, at and below grade, which shall be of the same quality and performance standards (i.e., with respect to use, useful life and maintenance requirements) as required for the remainder of the High Line (recognizing that there may be different standards for portions of the High Line that will be exposed to public view versus those that will not be so exposed) and shall include, but not be limited to, the following:

(a)        Removal and disposal of all leadbased products in accordance with specifications provided by the City, and disposal of all waste, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

(b)        Repair of all damaged portions of the entire steel structure, including but not limited to railings, columns and footings, in accordance with the specifications provided by the City and all applicable rules, including those pertaining to historic preservation;

(c)        Recoating of the entire steel structure with the types of products and numbers of coats specified by the City;

(d)        Repairs to damaged concrete; removal, disposal, and replacement of any concrete that is found to contain hazardous materials; and recoating of the entire concrete portion of the High Line as specified by the City, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

(e)        Removal of any or all portions of the ballast material on the High Line, including but limited to gravel, railroad ties and steel rails, trash, plant material, and any other objectionable materials (including, but not limited to, asbestos and pigeon guano) that are found on or under the High Line, as specified by the City, and disposal of all such material in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities. In the event that the City directs that any or all ballast material is to remain on the High Line, it shall be capped, as necessary, in accordance with the specifications provided by the City and the rules and regulations of all appropriate agencies. Any ballast material that is to remain, but also remain uncapped, shall be cleared and grubbed in accordance with specifications of the City; and

(f)        Any work required to be performed belowgrade for the anticipated improvements of the High Line for reuse as open space.

(iii)        Subject to the Not-To-Exceed Limit set forth in paragraph (c) of this Appendix D, if Owner exercises the option to perform the Structural Remediation Work, it shall reimburse the City for the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the Structural Remediation Work, with associated costs (e.g., trailer, computer, telephone).

(iv)        The City shall consult with Owner regarding the drafting of the specifications for the Structural Remediation Work, and then provide Owner with such specifications by January 31, 2006, subject to delays outside the reasonable control of the City (including, without limitation, litigation, but such delays shall not extend more than 180 days), unless such date is extended by mutual agreement between the City and Owner.

(v)        In the event Owner exercises the option to perform the Structural Remediation Work, Owner shall have 12 months to complete such work following June 23, 2005, or of the date of exercise of such option, whichever is later, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays beyond Owner’s reasonable control and, in addition, for any time during which Owner is unable to gain access in order to perform the Structural Remediation Work due to the actions of a tenant occupying the zoning lot, or portion thereof, upon December 20, 2004.

(vi)        In the event that the City does not provide the specifications for the Structural Remediation Work, within the timeframe set forth in paragraph (iv) of this Section, Owner may exercise the option to perform such work, and shall complete it within 12 months of the exercise of such option, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays as described in paragraph (b)(1)(v), but may use its own specifications, consistent with the description of the Structural Remediation Work set forth above and sound, high quality engineering, construction and workmanship standards and practices.

(2)        At-Grade Plaza Work under paragraph (b)(3) of Section 9825:

The following shall apply, except to the extent that agreements and other instruments in a form acceptable to the City have been executed pursuant to paragraph (a)(2) of this Appendix D, that provide for construction of some or all of the At-Grade Plaza Work set forth in paragraphs (b)(2)(ii)(b) and (b)(2)(ii)(c), by the City:

(i)        Owner shall perform AtGrade Plaza Work within the area on the zoning lot shown in Diagram 3 of Appendix C. For any temporary certificate of occupancy, certification pursuant to Section 98-25, paragraph (b)(3), shall be of substantial completion of the At-Grade Plaza Work (i.e., the At-Grade Plaza shall be open and accessible to the public). For any permanent certificate of occupancy, certification pursuant to Section 98-25, paragraph (b)(3), shall be of final completion of the At-Grade Plaza Work. Substantial completion of the At-Grade Plaza Work shall also require execution by all parties-in-interest of the declarations, easements and maintenance and operating agreement described in paragraph (a) of section (1) of this Appendix, if not previously provided in connection with issuance of a building permit.

(ii)        At-Grade Plaza Work shall include, but not be limited to:

(a)        remediation work; and

(b)        all paving, plantings, surface treatments, lighting, trees, seating, fountains and other site amenities; and

(c)        infrastructure work, including conduits, drainage, water line, electrical connections, and other utility work serving the At-Grade Plaza.

(iii)        The At-Grade Plaza Work shall be performed by the Owner pursuant to construction documents provided by the City by January 31, 2008. The AtGrade Plaza Work shall be completed within one year following January 31, 2008, subject to reasonable extension for any delays beyond Owner’s reasonable control and to such extension as the City and the Owner may mutually agree, and, in addition, for any time during which Owner is unable to gain access in order to perform the At-Grade Plaza Work due to the actions of a tenant occupying the zoning lot, or portion thereof, upon October 17, 2007, or for any time needed to perform any necessary remediation work on the zoning lot.

(iv)        In no event shall Owner be required to complete the At-Grade Plaza Work until the High Line improvements within the portion of the High Line Improvement Area, as shown in Appendix C of this Chapter, adjacent to the zoning lot (and, as applicable, over such Improvement Area, as shown on Diagram 3 of Appendix C), are substantially complete (i.e., open to the public but for the work needed to complete the At-Grade Plaza Work). Notwithstanding the foregoing, in no event shall Owner be entitled to certification pursuant to Section 9825, paragraph (b)(3), until the Chairperson determines that the At-Grade Plaza Work is substantially complete.

(v)        The cost to Owner of the At-Grade Plaza Work (inclusive of the Stairway and Elevator Access Work described in paragraph, (b)(3) of this Section) shall not exceed $2,300,000. The amount of contribution to the High Line Improvement Fund under subdivision (a) of section (1) of this Appendix made for purposes of Section 98-25, paragraph (a), shall be reduced by such amount at the time it is made. In addition to the costs of the At-Grade Plaza Work, subject to the Not-To-Exceed Limit set forth paragraph (c) of this Appendix D. Owner shall be required to reimburse the City for:

(a)        the reasonable cost of developing the plans and construction documents for the At-Grade Plaza Work; and

(b)        the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the At-Grade Plaza Work, with associated costs (e.g., trailer, computers, telephone).

(vi)        In the event that construction documents for the At-Grade Plaza Work (inclusive of the Stairway and Elevator Access Work described in paragraph (b)(3) of this Section) are not delivered to Owner within the timeframe set forth in paragraph (3) of this subsection, Owner shall not be required to perform the AtGrade Plaza Work (inclusive of the Stairway and Elevator Access Work described in paragraph (b)(3) of this Section) consistent with such documents. Instead, Owner shall perform Alternate At-Grade Plaza Work which shall include all necessary remediation work, all necessary belowgrade work (including related infrastructure work necessary to support the High Line), and atgrade improvements pursuant to the standards set forth in Sections 37-718, 37-726, 37-728, 37-741, 37-742, 37-743 and 37-76 of the Zoning Resolution, except that open-air cafes and kiosks shall not be permitted. Permitted obstructions, whether as described in the City’s specifications for the At-Grade Plaza Work or as specified in Section 37-726, for the Alternate At-Grade Plaza Work, shall not count towards lot coverage.

(vii)        The cost to the Owner of the Alternate At-Grade Plaza Work shall not exceed $1,400,000. In addition, Owner shall, subject to the Not-To-Exceed Limit of paragraph (c) of this Appendix D, be required to reimburse the City for the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the Alternate At-Grade Plaza Work, with associated costs (e.g., trailer, computers, telephone).

(viii)        Upon substantial completion of the At-Grade Plaza and in any event as a condition of certification of substantial completion pursuant to Section 98-25, paragraph (b)(4), Owner shall provide the City with the declarations, easements and maintenance and operating agreement described in subsection (a) of section (1) of this Appendix, if not already provided in connection with the issuance of a building permit; such At-Grade Plaza shall be open and accessible to the public during at least the same hours during which the High Line is open and accessible to the public, subject to the terms of the maintenance and operating agreement; and Owner shall maintain the At-Grade Plaza pursuant to the terms of the maintenance and operating agreement.

(3)        Stairway and Elevator Access Work under paragraph (b)(4) of Section 98-25:

The following shall apply except to the extent that agreements and other instruments in a form acceptable to the City have been executed pursuant to paragraph (a)(2) of this Appendix D that provide for the construction of some or all of the Stairway and Elevator Access Work described in paragraph (b)(3)(ii) of this Appendix D by the City:

(i)        Except as provided in paragraph (b)(3)(iii) of this Section, Owner shall perform Stairway and Elevator Access Work within the At-Grade Plaza area as shown in Diagram 3 of Appendix C in conjunction with performance of the AtGrade Plaza Work. For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (b)(4), shall be of substantial completion of the Stairway and Elevator Access Work (i.e., the stairway and elevator could be made open and accessible to the public). For permanent certificates of occupancy, certification pursuant to such Section shall be of final completion of the work.

(ii)        The Stairway and Elevator Access Work shall consist of one stairway and one elevator, shall be included in the construction drawings for the AtGrade Plaza Work described above, and shall be performed by Owner within the time period for performance of the At-Grade Plaza Work described in paragraph (c) of this Section. The location for the stairway and elevator shall take into account the viability of any retail spaces fronting the At-Grade Plaza.

(iii)        Owner shall not be responsible for performance of the Stairway and Elevator Access Work where it performs the Alternate At-Grade Plaza Work in accordance with paragraph (b) of this Section. In that event, prior to commencing the Alternate At-Grade Plaza Work and in any event as a condition of certification of substantial completion pursuant to Section 98-25, paragraph (b)(4):

(a)        Owner shall deposit into the High Line Improvement Fund, a contribution of $900,000.00 (the Access Contribution), to be used at the direction of the Chairperson of the City Planning Commission for construction of stairway and elevator facilities on the zoning lot; and

(b)        Owner shall provide the City with the declarations, easements, and maintenance and operating agreement described in paragraph (a)(1) of this Appendix D, if not previously provided in connection with issuance of a building permit.

(4)        City performance of work in the event of failure to perform:

(i)        In the event Owner has not completed any of the High Line Improvement Work (where an agreement for performance of such work has been executed under paragraph (a) of this Appendix D, Structural Remediation Work (where Owner has exercised the option under paragraph (b)(1) of this Appendix), the AtGrade Plaza Work or Alternate Plaza Work, as applicable, and the Stairway and Elevator Access Work (where required to do so under paragraphs (b)(2) and (b)(3) of this Appendix), by a time at which the City has completed portions of the High Line (i.e., such that such portions are open and accessible to the public) immediately on either side of the High Line improvement area, as shown in Appendix C of this Chapter, for the zoning lot, as shown on Diagram 3 of Appendix C, and a relevant deadline for performance of such work under paragraphs (b)(1), (b)(2) or (b)(3) has passed, subject to the provisions of such sections relating to extension by mutual agreement or delay, the City, at its sole option, may, upon written notice to Owner, notify Owner of its intent to proceed with performance and/or completion of the relevant work at its own expense.

(ii)        The City may proceed with performance and/or completion of the work following such notice unless Owner:

(a)        within 45 days following such notice, submits to the Department of City Planning a reasonable schedule (not to exceed 12 months in total), unless such date is extended by mutual agreement between the City and Owner, for completion of the relevant work, as applicable, which schedule shall be subject to review and reasonable approval by the City; and

(b)        completes the relevant work in accordance with such schedule, subject to reasonable extension for any delays beyond Owner’s reasonable control and, in addition, any time in which Owner is unable to gain access in order to perform the At-Grade Plaza Work or Alternate Plaza Work due to the actions of a tenant occupying the zoning lot, or portion thereof, upon December 20, 2004, or for any time during which remediation work is in progress on the zoning lot.

(iii)        In the event Owner does not comply with the requirements of paragraph (b)(4)(ii):

(a)        the City may proceed with performance and/or completion of relevant work, and may obtain access to perform such work pursuant to the easements described in paragraph (1) of section (a) of this Appendix;

(b)        the City shall return to Owner any contribution made to the High Line Improvement Fund; and

(c)        no building permit may be issued pursuant to Section 98-25, paragraph (a), nor any temporary or permanent certificate of occupancy may be issued pursuant to Section 98-25, paragraph (b), for floor area in a development or enlargement which exceeds the maximum floor area of the zoning lot.

(c)        Reimbursement Not-To-Exceed Limits

Reimbursement of the City by Owner of costs pursuant to this Appendix shall not exceed a total of $450,000.00.

        

Appendix E

Special Regulations for Zoning Lots Utilizing the High Line Improvement Bonus and Located Partially Within Subareas D, E, G or I

This Appendix sets forth additional requirements governing zoning lots located partially within Subareas D, E and G or within Subarea I between West 16th and 17th Streets over which the High Line passes, with respect to a development or enlargement which involves an increase in the applicable basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 (Maximum Floor Area Ratio and Lot Coverage in Subareas), with respect to: (1) the issuance of a building permit for such development or enlargement pursuant to paragraph (a) of Section 98-25 (High Line Improvement Bonus); and (2) the performance or funding of improvements as a condition of issuance of temporary or permanent certificates of occupancy, pursuant to paragraph (c) of Section 98-25, for floor area in such development or enlargement which exceeds the basic maximum floor area ratio of the zoning lot. The term “parties in interest” as used herein shall mean “parties-in-interest,” as defined in paragraph (f)(4) of the definition of zoning lot in Section 12-10.

(a)        Requirements for issuance of building permit pursuant to paragraph (a) of Section 98-25

(1)        As a condition of certification:

 

(i)        Owner shall, subject to reduction pursuant to the other provisions of this Appendix E, deposit into the High Line Improvement Fund, or secure by letter of credit or other cash equivalent instrument in a form acceptable to the City, a contribution of $50.00 per square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot, up to the amount specified in Section 98-22; and

 

(ii)        all parties-in-interest shall execute a restrictive declaration including easements to the City providing for: the location of and public access to and from a stairway and elevator on the zoning lot that will provide access to the High Line and for maintenance and repair by the City of such stairway and elevator; and the potential performance by the City of work under the provisions set forth below. In the case of zoning lots between West 16th and 17th Streets, Owner shall also provide the City with easements providing for City access to and from and for public use of the High Line Service Facilities on the zoning lot and for maintenance and repair by the City of such High Line Service Facilities. For zoning lots between West 18th and 19th Streets, in the event that the Commissioner of Parks and Recreation requires High Line Service Facility Work pursuant to paragraph (b)(4) of this Appendix, no easements shall be required relating to the location of and public access to a zoning lot nor from a stairway and elevator on the zoning lot. In such event, Owner shall instead provide the City with easements providing for City access to and from and for use of the High Line Service Facilities on the zoning lot and for maintenance and repair by the City of such High Line Service Facilities, as specified in paragraph (b)(4)(ii) of this Appendix, and any restrictive declaration previously executed under this paragraph (a)(1)(ii) in connection with an initial certification pursuant to paragraph (a) of Section 98-25 shall be amended to provide for such easements. All easements described herein shall be in a form acceptable to the City and shall remain in force and effect irrespective of whether certificates of occupancy are issued pursuant to Section 98-25, paragraph (c); and

 

(iii)        submit plans for Stairway and Elevator Access Facilities and, where applicable, High Line Service Facilities that demonstrate compliance with the provisions of this Appendix E, and are consistent with New York City Department of Parks and Recreation standards and best practices governing materials life cycle and maintenance for review and approval by the Chairperson of the City Planning Commission.

(2)        Upon the request of Owner, the City in its sole discretion, may elect to have Owner perform all High Line improvements (i.e., non-structural and non-remediation work) at its own expense within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous to such zoning lot. In that event, certification under Section 98-25, paragraph (a), shall also be made upon execution of an agreement, approved by the Chairperson of the City Planning Commission, to perform such improvements, the cost of which shall be refunded or credited from the High Line Improvement Fund contribution to reflect the cost of such improvements. Such agreement may require Owner to reimburse the City for the costs of a full-time resident engineer to supervise such work.

 

(3)        The location of floor area which would exceed the basic maximum floor area ratio and be subject to the provisions of Section 98-25 shall be considered to be the topmost portion of the development or enlargement unless, at the time of certification pursuant to Section 98-25, paragraph (a), Owner designates, subject to the concurrence of the Chairperson of the City Planning Commission, an alternate location.

(b)        Requirements for issuance of certificates of occupancy pursuant to paragraph (c) of Section 98-25:

(1)        Structural Remediation Work pursuant to paragraph (c)(2) of Section 98-25

 

(i)        Owner may, at its option, elect to perform Structural Remediation Work on the portion of the High Line within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous thereto in accordance with the provisions of this paragraph. Owner may exercise such option following receipt of the City’s specifications for the Structural Remediation Work or upon the City’s failure to provide such specifications, as set forth in paragraphs (b)(1)(iv) and (b)(1)(v), (unless such dates are extended by mutual agreement of the City and Owner), but in no event may exercise such option later than 90 days following receipt of a notice by the City of its intent to commence improvements to the High Line within the High Line improvement area applicable to the zoning lot within the next 24 months. In that event, the amount of contribution to the High Line Improvement Fund shall be reduced by $21.00 for each square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 and the City shall refund or credit the Owner, as applicable, for any excess from or against the High Line Improvement Fund. In the event of exercise of such option, certification pursuant to Section 98-25, paragraph (c)(2), with respect to the Structural Remediation Work shall be of substantial completion with respect to issuance of temporary certificates of occupancy, and of final completion with respect to issuance of final certificates of occupancy.

 

(ii)        Such Structural Remediation Work shall include work on or under the High Line and above, at and below grade, which shall be of the same quality and performance standards (i.e., with respect to use, useful life, and maintenance requirements) as required for the remainder of the High Line (recognizing that there may be different standards for portions of the High Line that will be exposed to the public versus those that will not be so exposed) and shall include, but not be limited to, the following:

 

(a)         Removal and disposal of all leadbased products in accordance with specifications provided by the City, and disposal of all waste, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

 

(b)        Repair of all damaged portions of the entire steel structure, including, but not limited to, railings, columns and footings, in accordance with the specifications provided by the City and all applicable rules, including those pertaining to historic preservation;

 

(c)        Recoating of the entire steel structure with the types of products and numbers of coats specified by the City;

 

(d)        Repairs to damaged concrete; removal, disposal, and replacement of any concrete that is found to contain hazardous materials; and recoating of the entire concrete portion of the High Line as specified by the City, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

 

(e)        Removal of any or all portions of the ballast material on the High Line, including, but limited to gravel, railroad ties and steel rails, trash, plant material, and any other objectionable materials (including, but not limited to, asbestos and pigeon guano) that are found on or under the High Line, as specified by the City, and disposal of all such material in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities. In the event that the City directs that any or all ballast material is to remain on the High Line, it shall be capped, as necessary, in accordance with the specifications provided by the City and the rules and regulations of all appropriate agencies. Any ballast material that is to remain, but also remain uncapped, shall be cleared and grubbed in accordance with specifications of the City; and

 

(f)        Any work required to be performed below grade for the anticipated improvements of the High Line for reuse as open space.

 

(iii)        The City shall consult with Owner regarding the drafting of the specifications for the Structural Remediation Work, and then provide Owner with such specifications by January 31, 2006, subject to such delays as are outside the reasonable control of the City (including, without limitation, litigation, but such delays shall not extend more than 180 days), unless such date is extended by mutual agreement between the City and Owner.

 

(iv)        In the event Owner exercises the option to perform the Structural Remediation Work, Owner shall have 12 months to complete such work following June 23, 2005, or of the date of exercise of such option, whichever is later, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays beyond Owner’s reasonable control.

 

(v)        In the event that the City does not provide the specifications for the Structural Remediation Work within the timeframe set forth in paragraph (b)(1)(iii) of this Appendix, Owner may exercise the option to perform such work and proceed with the Structural Remediation Work, and shall complete it within 12 months of the exercise of such option, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays beyond Owner’s reasonable control, but may use its own specifications, consistent with the description of the Structural Remediation Work set forth above and sound, high quality engineering, construction and workmanship standards and practices.

 

(vi)        If Owner exercises the option to perform the Structural Remediation Work, Owner shall reimburse the City for the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the Structural Remediation Work, with associated costs (e.g., trailer, computer, telephone), such reimbursement not to exceed $115,000.

(2)        Stairway and Elevator Access Work pursuant to paragraph (c)(3) and, except where the provisions of paragraph (b)(4) of this Appendix E apply, paragraph (c)(4) of Section 98-25:

 

(i)        Owner shall perform Stairway and Elevator Access Work subject to the provisions of this paragraph (b)(2). For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (c)(3), shall be of substantial completion of the Stairway and Elevator Access Work (i.e., the stairway and elevator could be made open and accessible to the public). For permanent certificates of occupancy, certification shall be of final completion of the work.

 

(ii)        The Stairway and Elevator Access Work shall consist of one stairway and one elevator located directly adjacent to or below the High Line. Except as approved by the Chairperson of the City Planning Commission pursuant to paragraph (a)(1)(iii) of this Appendix, curb level entrances to such access facilities must be located at the street line. Such access facilities shall be harmonious with the design of the High Line on the zoning lot and shall be visible and identifiable as High Line access facilities when viewed from Tenth Avenue. Such access facilities may be unenclosed or enclosed. When such access facilities are enclosed and located at the street line, any wall or facade separating the access facility from the street shall be substantially glazed and fully transparent from ground level to the full height of the access facility. Any wall or facade separating the access facility from the High Line shall be substantially glazed and fully transparent from the level of the High Line bed to the full height of the access facility. Stairways shall have a clear path of not less than six feet in width. Such access facilities shall be identified with signage placed at the High Line level and at street level that is consistent with guidelines specified in the signage plan as authorized by the City Planning Commission pursuant to the provisions of Section 98-15.

 

(iii)        The Stairway and Elevator Access Work shall be completed within one year following the later of June 23, 2005, or the Chairperson’s review and acceptance of the plans and specifications that demonstrate compliance with the provisions of paragraph (b)(2)(ii) of this Appendix, subject to reasonable extension for any delays beyond Owner’s reasonable control, unless such date is extended by mutual agreement between the City and Owner.

 

(iv)        In no event however shall Owner be required to complete the Stairway and Elevator Access Work until the High Line improvements in the portion of the High Line improvement area, as shown in Appendix C of this Chapter, adjacent to the zoning lot, as shown on Diagram 4 or 5 of Appendix C, are substantially complete. Notwithstanding the foregoing, in no event shall Owner be entitled to certification, pursuant to Section 98-25, paragraph (c)(3), until the Chairperson determines that the Stairway and Elevator Access Work is substantially complete.

 

(3)        High Line Service Facility Work pursuant to paragraph (c)(3) of Section 98-25:

 

(i)        For zoning lots located between West 16th and 17th Streets, Owner shall perform High Line Service Facility Work subject to the provisions of this Appendix. For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (c)(3), shall be of substantial completion of the work. For permanent certificates of occupancy, certification shall be of final completion of the work.

 

(ii)        High Line Service Facilities shall consist of satellite maintenance and operations space for the High Line open space as well as public restrooms, in accordance with the following standards:

(a)        Location

Such facilities shall have a component located at the level of the High Line bed, or within five feet of such level (hereinafter referred to as the “upper service facility”). Such facilities shall also have a component located no higher than curb level (hereinafter referred to as the “lower service facility”). The upper facility must be located directly above the lower facility to enable placement of a trash chute connecting the upper and lower facilities. Where the upper facility is not located exactly at the level of the High Line bed, a fully accessible ramp must connect such level with the level of the upper facility. Where the lower facility is not located exactly at curb level, a means acceptable to the City of connecting the lower service facility to a street frontage shall be provided.

 

(b)        Program and dimensions

 

(1)        Lower service facilities

Lower service facilities shall contain a room which is accessible from street level and is no less than 50 square feet in area. Such facility shall contain the outlet of a trash chute from the upper service facility and shall also have a minimum of one electrical outlet furnishing a wattage consistent with its intended use within a maintenance and operations facility.

 

(2)        Upper service facilities

Upper service facilities shall be no less than 350 square feet in area and shall contain, at a minimum, one public restroom not less than 250 square feet in area with separate restroom spaces for each gender, one storage room not less than 70 square feet in area, and one waste disposal room not less than 30 square feet in area and containing a trash chute to the lower service facility

Each room within such upper service facilities shall have a minimum of one electrical outlet furnishing wattage consistent with its intended use within a maintenance and operations facility.

 

(iii)        The High Line Facility Work shall be completed within one year following the later of June 23, 2005, or the Chairperson’s review and acceptance of the plans and specifications that demonstrate compliance with the standards of paragraph (b)(3)(ii) of this Appendix, subject to reasonable extension for any delays beyond Owner’s reasonable control, unless such date is extended by mutual agreement between the City and Owner.

 

(iv)        In no event, however, shall Owner be required to complete the High Line Facility Work until the High Line improvements in the portion of the High Line improvement area, as shown in Appendix C of this Chapter, adjacent to the zoning lot, as shown on Diagram 5 of Appendix C, are substantially complete. Notwithstanding the foregoing, in no event shall Owner be entitled to certification pursuant to Section 98-25, paragraph (c)(3), until the Chairperson determines that the Stairway and Elevator Access Work is substantially complete.

 

(v)        The cost to Owner of the High Line Facilities Work shall not exceed $1,150,000. The amount of contribution to the High Line Improvement Fund under paragraph (a)(1) of this Appendix E, made for purposes of Section 98-25, paragraph (a), shall be reduced by such at the time it is made.

 

(4)        High Line Service Facility Work pursuant to paragraph (c)(4) of Section 98-25:

(i)        For zoning lots located between West 18th and 19th Streets, in the event the Commissioner of Parks and Recreation elects to require improvements under this paragraph by providing Owner written notice thereof no later than 30 days following August 24, 2017, Owner shall perform High Line Service Facility Work subject to the provisions of this paragraph (b)(4). For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (c)(4), shall be of substantial completion of the work. For permanent certificates of occupancy, certification shall be of final completion of the work.

 

(ii)        High Line Service Facilities under this paragraph (b)(4) shall consist of facilities that the Commissioner of Parks and Recreation determines will provide significant support services to the High Line in accordance with the following minimum standards:

 

(a)        Components, Size and Location

The High Line Service Facilities shall consist of a space on one or more levels, with no less than 1,900 square feet of such space at a floor level at, or within three vertical feet of, the level of the High Line bed; a walkway connecting such space to the High Line of sufficient width and with sufficient load-bearing capacity to accommodate the movement of service equipment to and from the High Line and which satisfies the additional obligations of the Americans with Disabilities Act of 1990; and a stairway with a clear path of not less than 44 inches in width providing access from the street to the portion of the High Line Service Facilities located above.

 

(b)        Other Features

The High Line Service Facilities shall include plumbing, electrical and utility infrastructure, including HVAC, as reasonably necessary to perform the service functions identified by the Commissioner of Parks and Recreation. Portions of any wall separating the High Line Service Facilities from the High Line and extending from the level of the High Line bed to the full height of the High Line Service Facilities shall comply with the transparency requirements of Section 98-54.

 

 

(iii)        The High Line Service Facility Work shall be completed within one year following the later of August 24, 2017, or the review and acceptance by the Chairperson of the City Planning Commission of the plans and specifications that demonstrate compliance with the standards of paragraph (b)(4)(ii) of this Appendix, subject to reasonable extensions for any delays beyond Owner's reasonable control, unless such date is extended by mutual agreement between the City and Owner. Notwithstanding the foregoing, in the event that, prior to an election by the Commissioner of Parks and Recreation under paragraph (b)(4)(i) of this Appendix, the City and Owner have agreed to an extension pursuant to paragraph (b)(2)(iii) of this Appendix, in connection with Stairway and Elevator Access Work, the High Line Facility Work shall be completed by such date, unless further extended by mutual agreement pursuant to this paragraph (b)(4)(iii).

(c)        City performance in the event of failure to perform

 

(1)        In the event Owner has not completed any of the High Line Improvement Work (where an agreement for performance of such work has been executed under paragraph (a)(1) of this Appendix), Structural Remediation Work (where Owner has exercised the option under paragraph (b)(1) of this Appendix) and the Stairway and Elevator Access Work (under paragraph (b)(3)), by a time at which the City has completed portions of the High Line (i.e., such that such portions are open and accessible to the public) immediately on either side of the High Line improvement area, as shown in Appendix C of this Chapter, for the zoning lot, as shown on Diagram 4 or 5 of Appendix C, and a relevant deadline for performance of such work under paragraphs (b)(1), (b)(2) or (b)(3) of this Appendix, as applicable, has passed, subject to the provisions of such paragraphs relating to extension by mutual agreement or delay, the City, at its sole option, may, upon written notice to Owner, notify Owner of its intent to proceed with performance and/or completion of the relevant work at its own expense.

(2)        The City may proceed with performance and/or completion of the work following such notice unless Owner:

(i)        within 45 days following such notice, submits to the Department of City Planning a reasonable schedule (not to exceed 12 months in total) for completion of the relevant work, as applicable, which schedule shall be subject to review and reasonable approval by the City, unless such date is extended by mutual agreement between the City and Owner; and

 

(ii)        completes the relevant work in accordance with such schedule, subject to reasonable extension for any delays beyond Owner’s reasonable control.

(3)        In the event Owner does not comply with the requirements of paragraph (c)(2) of this Appendix:

 

(i)        the City may proceed with performance and/or completion of relevant work, and may obtain access to perform such work pursuant to the easements described in paragraph (a)(1) of this Appendix;

(ii)        the City shall return to Owner any contribution made to the High Line Improvement Fund; and

 

(iii)        no building permit may be issued pursuant to Section 98-25, paragraph (a), nor may any temporary or permanent certificates of occupancy be issued pursuant to Section 98-25, paragraph (d), for floor area in a development or enlargement which exceeds the maximum floor area of the zoning lot.

Appendix F

Special Regulations for Zoning Lots Utilizing the High Line Improvement Bonus and Located Within Subarea J

This Appendix sets forth additional requirements governing zoning lots located within Subarea J over which the High Line passes for any development or enlargement which involves an increase in the applicable basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 (Maximum Floor Area Ratio and Lot Coverage in Subareas). The additional requirements are set forth in this Appendix F, in paragraph (a), the issuance of a building permit for such development or enlargement pursuant to paragraph (a) of Section 98-25 (High Line Improvement Bonus); in paragraph (b), the performance of improvements as a condition of issuance of temporary or permanent certificates of occupancy pursuant to paragraph (d) of Section 98-25; and in paragraph (c), the option of the owner to offer to the City an additional High Line Support Easement Volume. The term “parties in interest” as used herein shall mean “parties-in-interest,” as defined in paragraph (f)(4) of the definition of zoning lot in Section 12-10.

(a)        Requirements for issuance of a building permit pursuant to paragraph (a) of Section 98-25

(1)        As a condition of certification:

(i)        For each square foot of floor area which causes the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, up to the amount specified in Section 98-22, the owner shall:

(a)        for the first 80,000 square feet of such floor area, deposit such contribution to the Affordable Housing Fund established under Section 98-262, paragraph (c), for use in accordance with the provisions of that Section; and

(b)        for all such floor area which exceeds 80,000 square feet, subject to a deduction pursuant to other provisions of this Appendix F, deposit such contribution to the High Line Improvement Fund, or secure such contribution by letter of credit or other cash equivalent instrument in a form acceptable to the City.

Such contribution, in each case, shall be $59.07 per square foot of floor area as of November 13, 2012, which contribution rate shall be adjusted July 1 of the following year and each year thereafter by the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics;

(ii)        All parties-in-interest shall execute that restrictive declaration, dated October 25, 2012, and on file at the Office of the Counsel, Department of City Planning, required in connection with environmental assessment (CEQR No. 11DCP120M) for the purpose of addressing historic resources and containing other provisions regarding the preservation of certain features of existing buildings and structures and related matters;  

(iii)        All parties-in-interest shall execute a restrictive declaration in a form acceptable to the City addressing the terms described in this paragraph (a)(1)(iii):

(a)        Hotel use

No development or enlargement that utilizes the provisions of Section 98-25 shall include a transient hotel;

(b)        Retail concourse

As a condition of any development or enlargement pursuant to Section 98-25, the owner shall provide a pedestrian passageway within any building located on the zoning lot connecting the Ninth Avenue sidewalk with the Tenth Avenue sidewalk, which passageway shall be open to the public during business hours. Not less than 60 percent of the length of the frontages of such passageway shall be occupied primarily by retail uses, and in addition may be occupied by service, wholesale, production and event space identified in Use Groups 6A, 6C, 7B, 7C, 8A, 9A, 9B, 10B, 11A, 12A, 12B, 16A, 17A and such spaces shall have access to the passageway;  

(c)        Locations and dimensions of the High Line Support Easement Volumes

The High Line Support Easement Volumes shall be sized and located to accommodate the following amenities, all of which shall be located within the buildings located within the Tenth Avenue Zone, as described in Section 98-423, paragraph (g)(3):

(1)        exclusive easements for public restrooms for each gender with an aggregate area of no less than 560 square feet (and which need not be more than 700 square feet) located adjacent to the High Line with direct access to the High Line for each of the public restrooms;  

(2)        exclusive easements for High Line support space with an aggregate area of no less than 2,400 square feet (and which need not be more than 3,000 square feet) of which up to 800 square feet may be located on a mezzanine level, such space to be located adjacent and accessible to the High Line;

(3)        exclusive easements for High Line support space located in the cellar level in an aggregate area no less than 800 square feet (but need not be more than 1,000 square feet);

(4)        exclusive use of a dedicated freight elevator that shall provide access to the cellar level, to a shared loading facility at street level, to the level of the High Line bed and to the level of the High Line support space described in paragraph (a)(1)(iii)(c)(2) of this Appendix F; and

(5)        non-exclusive easements for:

(i)        access between the dedicated freight elevator and the shared loading facility at grade level and the High Line support space located in the cellar level; and

(ii)        use of the shared loading facility as more particularly set forth in paragraph (a)(1)(iii)(d) of this Appendix F;

(d)        Use of the High Line Support Easement Volumes

The High Line Support Easement Volumes shall not be dedicated for use by the general public but rather for use by the City or its designee for storage, delivery of materials and support of uses within the High Line (and in connection therewith, the fitting-out, operating, maintaining, repairing, restoring and replacement of the High Line Support Easement Volumes), except that:

(1)        the public may use the public restrooms;

(2)        up to 650 square feet of space adjacent to the High Line may be used exclusively for educational and related programming that is at no cost to the public; and

(3)        if dedicated to the City in accordance with paragraph (d) of this Appendix F, the optional additional High Line Support Easement Volume may be accessible to the public as part of concessions or other uses that relate to the High Line.

The City or its designee shall at all times use, operate and maintain the High Line Support Easement Volumes so as not to interfere with the use and enjoyment of the buildings located within Subarea J.

The High Line support spaces described in paragraphs (a)(1)(iii)(c)(2) and (3) of this Appendix F, shall be accessible by a dedicated freight elevator that connects to non-exclusive portions of the building, including a loading facility at curb level, through which the City or its designee shall be provided with a non-exclusive easement to enable reasonable and customary access;  

(e)        Effective date of the High Line Support Easement Volumes

The City’s or its designee’s rights to utilize the High Line Support Easement Volumes shall commence on the date that the High Line Support Work has been completed in accordance with paragraph (b)(1) of this Appendix F, or in the event of default of the owner in accordance with paragraph (c) of this Appendix F, the date that the City has notified the owner that it intends to perform such High Line Support Work in accordance with paragraph (c); and

(f)        Notice by the Department of City Planning of its receipt of certified copies of the recorded restrictive declarations required pursuant to paragraph (a) (1) (ii) and (iii) of this Appendix F, shall be a precondition to issuance by the Commissioner of Buildings of any building permits including any foundation or alteration permit for any development or enlargement which causes the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012;

(iv)        The owner shall submit plans for the High Line Support Work described in paragraph (b)(1) of this Appendix F, that demonstrate compliance with the provisions of this Appendix and are consistent with New York City Department of Parks and Recreation standards and best practices governing material life cycle and maintenance, for review and approval by the Chairperson of the City Planning Commission;

(v)        Solely in the event the initial certification made pursuant to Section 98-25, paragraph (a), is with respect to additional floor area to be added to a building or portion of a building located outside of the Tenth Avenue Zone as described in Section 98-423, paragraph (g)(iii), then the owner shall enter into agreements with the City or its designee, in a form reasonably acceptable to the City, to provide interim access, in accordance with such agreements, to the High Line through a non-exclusive loading facility and an existing freight elevator. Such agreements shall provide that any space within the existing building may be used by the City or its designee at no cost, except that the City or its designee shall be obligated to pay for the proportionate costs of utilities, maintenance and other building expenses associated with the use of such loading facility and elevator, and for any improvements or modifications to such space that may be requested by the City or its designee. Such interim access shall cease upon the date that the City or its designee commences utilization of the High Line Support Easement Volumes in accordance with paragraph (a)(1)(iii)(d) of this Appendix F;

(2)        The location of floor area which would cause the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, and be subject to the provisions of Section 98-25, shall be considered to be the topmost portion of the development or enlargement unless, at the time of certification pursuant to Section 98-25, paragraph (a), the owner designates on plans submitted to the Chairperson of the City Planning Commission, subject to the concurrence of the Chairperson, an alternate location.

(b)        Requirements for issuance of certificates of occupancy pursuant to paragraph (d) of Section 98-25

(1)        High Line Support Work pursuant to paragraph (d) of Section 98-25

(i)        The owner shall perform High Line Support Work subject to the provisions of this paragraph (b)(1), inclusive. For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (d), shall be the substantial completion of the work. For permanent certificates of occupancy, certification shall be of final completion of the work.  

(ii)        The High Line Support Work shall consist of the following:

(a)        the construction, fit-out and delivery in an operative condition of public restrooms described in paragraph (a)(1)(iii)(c)(1) of this Appendix F, furnished with restroom fixtures, including six toilet stalls for women, an aggregate of six toilet stalls and/or urinals for men and three sinks in each restroom, and provided with utility connections.

(b)        the construction of the core and shell of the High Line support space described in paragraphs (a)(1)(iii)(c)(2) and (3) of this Appendix F including the provision of and access to separately metered gas, ventilation, water, sewer, electricity and telecommunications utilities systems commonly available in the building sufficient to support the anticipated uses of the support space. Within the portion of the High Line support space in the vicinity of the level of the High Line bed, the owner will install a kitchen exhaust duct from such support space to a suitable point of discharge and will provide access to the building sprinkler standpipe and fire alarm system. Such support space shall also include access to a storage mezzanine pursuant to a dedicated lift, and there shall be a clear path at least five feet wide from the lift to the dedicated freight elevator described in paragraph (b)(1)(ii)(c) of this Appendix F. The owner will not be responsible for distributing any utility services within the High Line support space or for providing any ancillary equipment for the kitchen exhaust duct; and  

(c)        the construction of the dedicated freight elevator described in paragraph (a)(1)(iii)(c)(4) of this Appendix F, with a minimum capacity of 3,000 pounds;  

(iii)        Following the completion of the High Line Support Work described in paragraph (b)(1)(ii) of this Appendix F, all subsequent costs of operating, maintaining, repairing, replacing and additional fit-out of the High Line support space shall be exclusively the responsibility of the City and not the owner, provided that the owner shall be responsible for the repair and replacement of any defective High Line Support Work for a period of one year after completion thereof;

(iv)        The cost to the owner of the High Line Support Work pursuant to the plans approved pursuant to this paragraph, (a)(1)(iv), shall be estimated at the time of such approval by a licensed engineer selected by the owner, such estimate to be in a form reasonably acceptable to the City, at an amount not to exceed $2,544,000, as adjusted at the time of such approval by changes in the construction cost index published by the Engineering News Record (ENR) for New York City commencing as of December 1, 2012. In the event that the City requests the owner to perform any additional work in conjunction with the High Line Support Work and the owner agrees to perform such additional work, then the cost of such additional work shall be the responsibility of the City and may be deducted in whole or in part from the High Line Improvement Fund contribution required pursuant to paragraph (a)(1) of this Appendix F;

(v)        Except as set forth in paragraph (b)(1)(v) of this Appendix F no temporary or permanent certificates of occupancy may be issued pursuant to Section 98-25, paragraph (d), for floor area in a development or enlargement which causes the floor area ratio on a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, until the High Line Support Work described in paragraph (b)(1) of this Appendix F has been substantially completed or finally completed, as applicable;

(vi)        Notwithstanding anything to the contrary in this paragraph (b)(1), inclusive, if certification is initially made pursuant to Section 98-25, paragraph (a), with respect to additional floor area to be added to a building or portion of a building located outside of the Tenth Avenue Zone, as described in Section 98-423, paragraph (g)(iii), then the conditions for certification pursuant to Section 98-25, paragraph (d), for a permanent or temporary certificate of occupancy shall not apply to such building or portion of a building and the following conditions shall apply:

(a)        the owner shall deliver a letter of credit or other security reasonably satisfactory to the City in an amount reasonably determined by the City as sufficient for the City to perform the High Line Support Work described in paragraph (b)(1) of this Appendix F which letter of credit or other security may be drawn or exercised by the City in the event of a default by the owner in accordance with paragraph (c)(ii) of this Appendix F; and

(b)        the owner shall enter into an agreement with the City in a form reasonably acceptable to the City requiring the owner to commence the High Line Support Work described in paragraph (b)(1) of this Appendix F, no later than September 1, 2017, subject to force majeure as determined by the Chairperson, and shall thereafter diligently prosecute the same to completion, pursuant to an agreed-upon schedule, subject to force majeure as determined by the Chairperson.

(c)        In the event the owner is in default of its obligations pursuant to the agreements required by paragraph (b)(1)(vi) of this Appendix F:

(1)        The City shall be entitled to draw the letter of credit or exercise the other security described in paragraph (b)(1)(vi)(a) of this Appendix F and to take possession of the High Line Support Easement Volumes following delivery of notice to the owner that the City intends to perform the High Line Support Work in accordance with provisions to be set forth in the restrictive declaration described in paragraph (a)(1)(iii) of this Appendix F;

(2)        The City shall return to the owner any contribution made to the High Line Improvement Fund with respect to additional floor area to be added to a building or portion of a building located within the Tenth Avenue Zone as described in Section 98-423, paragraph (g)(3);

(3)        No additional building permit may be issued pursuant to Section 98-25, paragraph (a), with respect to a development or enlargement to be located within the Tenth Avenue Zone as described in Section 98-423, paragraph (g)(iii), nor may any temporary or permanent certificates of occupancy be issued pursuant to Section 98-25, paragraph (d), for floor area in such a development or enlargement which causes the floor area ratio on a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012.  

(d)        Option to offer an additional High Line Support Easement Volume:

(1)        The owner, at its sole option, may elect to offer to the City an easement comprising up to 7,500 square feet of floor area within the building adjacent to the High Line and at the vicinity of the level of the High Line bed as an additional High Line Support Easement Volume by written notice to the Chairperson of the City Planning Commission, with a copy to the Commissioner of the Department of Parks and Recreation. Such written notice shall be delivered contemporaneously with the owner’s first request for certification by the Chairperson, described in paragraph (a) of Section 98-25, that relates to a building or portion of a building within the Tenth Avenue Zone, as described in Section 98-423, paragraph (g)(3);

(2)        If the owner elects to exercise such option, the owner shall provide an appraisal from an appraiser reasonably acceptable to the City who is a member of the American Institute of Real Estate Appraisers (or its successor organization) establishing the fair market value of the additional High Line Support Easement Volume to be so dedicated. The term “fair market value” shall mean the price at which such additional High Line Support Easement Volume would change hands between a willing buyer and a willing seller, both acting rationally, at arm’s length, in an open and unrestricted market. The appraisal shall determine such fair market value of the additional High Line Support Easement Volume based on its highest and best as-of-right uses, valued in an unimproved core and shell physical condition (including any existing structural elements, such as the building wall separating the High Line from the additional easement volume) and considered unencumbered by any leases, mortgages or other matters that will be released or otherwise subordinate to the grant of such additional High Line Support Easement Volume to the City. The appraisal shall not assume that as-of-right uses of the additional High Line Support Easement Volume may enjoy any access to and from the High Line. Any other appraisal assumptions or instructions not set forth herein shall be subject to approval by the City.

(3)        If such option is exercised by the owner, the City shall have up to 60 days from the delivery of the written notice described in paragraph (d)(1) of this Appendix F to irrevocably accept or decline the exercise of the option by written notice to the owner. If the City does not so accept or decline the option within said 60-day period, then the option shall be deemed declined and neither the City nor the owner shall have any further rights or obligations under this paragraph, (d), inclusive;

(4)        If such option is exercised by the owner and accepted by the City, the restrictive declaration described in paragraph (a)(1)(ii) of this Appendix F shall provide or shall be amended to include the additional High Line Support Easement Volume within the grant to the City, and the value of the additional High Line Support Easement Volume as set forth in the appraisal shall be the responsibility of the City and may be deducted in whole or in part from the High Line Improvement Fund contribution required pursuant to paragraph (a)(1) of this Appendix F;  

(5)        In the event that the City requests the owner to perform any work in conjunction with the dedication of the additional High Line Support Easement Volume and the owner agrees to perform such work, then the cost of such additional work shall be the responsibility of the City and may be deducted in whole or in part from the High Line Improvement Fund contribution required pursuant to paragraph (a)(1) of this Appendix F. All costs of fitting-out, operating, maintaining, repairing and replacing the additional High Line Support Easement Volume shall be exclusively the responsibility of the City and not the owner.

Top