74-742

Ownership

Except as otherwise provided in this Section, any large-scale general development for which application is made for a special permit in accordance with the provisions of Section 74-74 (Large- scale General Development) shall be on a tract of land which at the time of application is all under the control of the applicant(s) as the owner(s) or holder(s) of a written option to purchase. No special permit shall be granted unless the applicant(s) acquired actual ownership (single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale general development) of, or executed a binding sales contract for, all of the property comprising such tract.

When a large-scale general development is located within a designated urban renewal area, the City's urban renewal agency, or a person authorized by such agency, may apply for and be granted a special permit under the provisions of Section 74-74 even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section. All parcels comprising such large-scale general development shall be within the designated urban renewal area and subject to the urban renewal controls set forth in the approved urban renewal plan.

A special permit may be applied for and granted under the provisions of Section 74-74, even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section, when the site of such large-scale general development is:

(a)        to be developed or enlarged through assemblage by any other governmental agency, or its agent, having the power of condemnation; or

(b)        owned by the Federal government and is within Brooklyn Community District 2; or

(c)        partially under City ownership, within the former Washington Square Southeast Urban Renewal Area, within Community District 2 in the Borough of Manhattan, provided that the exception to the ownership requirements set forth herein shall apply only to tracts of land in City ownership; or

(d)        partially under State or City ownership, or may include a tract of land under private ownership that is located within the bed of 26th Avenue between 1st Street and the bulkhead line within the Hallets Point Peninsula, in the area bounded by 8th Street and Vernon Boulevard on the east, the East River on the west and south, and the north side of 26th Avenue on the north, in Community District 1 in the Borough of Queens, provided that the exception to the ownership requirements set forth herein shall apply only to:

(1)        tracts of land in State or City ownership; or

(2)        a tract of land in private ownership located within the bed of 26th Avenue, between 1st Street and the bulkhead line; or

(e)        within Manhattan Community District 2, where the City Planning Commission has approved a special permit under Section 74-74 for a large-scale general development located partially within a C2-7 District, and a portion of such large-scale general development is subsequently mapped as a park and transferred to City ownership, then the consent or authorization of any owner or party in interest to:

(1)        such public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to property within the large-scale general development other than the public park; and

(2)        property other than the public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to the public park.

However, the consent or authorization of the owners and any party in interest to the other property shall be required if the proposed modification would impose an additional obligation or increase the degree of an obligation existing as of the date of the application for the modification on any such owner or any such party in interest.

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