98-25

High Line Improvement Bonus

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 98-22 (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 98-22, 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 98-22, 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 98-22, 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.

 

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