74-967

Compliance, recordation and reporting requirements

Applications for floor area increases and modifications in Industrial Business Incentive Areas are subject to the following requirements:

(a)        Compliance and recordation

Failure to comply with a condition or restriction in a special permit granted pursuant to Section 74-96 (Industrial Business Incentive Areas), inclusive, or with applicable approved plans, or with provisions of paragraphs (a), (b) and (c) of this Section, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation of such special permit, and for the implementation of all other applicable remedies.

A Notice of Restrictions, the form and content of which shall be satisfactory to the Commission, for a property subject to use restrictions or public plaza requirements, as applicable, pursuant to this Section, shall be recorded against the subject tax lot in the Office of the City Register or, where applicable, in the County Clerk’s office in the county where the tax lot is located.

The filing and recordation of such Notice of Restrictions shall be a precondition to the issuance of any building permit utilizing the provisions set forth in this Section. The recording information shall be referenced on the first certificate of occupancy to be issued after such notice is recorded, as well as all subsequent certificates of occupancy, for as long as the restrictions remain in effect. No temporary certificate of occupancy for any portion of the building to be occupied by incentive uses shall be issued until a temporary certificate of occupancy for the core and shell is issued for all portions of the building required to be occupied by required industrial uses.

(b)        Periodic notification by owner

No later than the 20th day after the lease executed by a new tenant permits occupancy of any required industrial space, the owner of a building subject to use restrictions of this special permit shall provide the following information at the designated internet URL, or other widely accessible means of electronically transmitting and displaying information to the public pursuant to paragraph (g)(2) of Section 74-965 (Conditions). If no new tenant executes a lease for any required industrial space within the calendar year, such information shall be provided no later than the 20th day of the following calendar year. Such electronic information source shall be accessible to the general public at all times and include the information specified below:

(1)        the date of the most recent update of this information;

(2)        total floor area of the required industrial uses in the development;

(3)        a digital copy of all approved special permit drawings pursuant to paragraph (a)(1) through (a)(4) of this Section Section 74-962 (Application requirements);

(4)        the name of each business establishment occupying floor area reserved for required industrial uses. Such business establishment name shall include that name by which the establishment does business and is known to the public. For each business establishment, the amount of floor area, the Use Group, subgroup and specific use as listed in this Resolution shall also be included;

(5)        contact information, including the name of the owner of the building and the building management entity, if different, the name of the person designated to manage the building, and the street address, current telephone number and e-mail address of the management office. Such names shall include the names by which the owner and manager, if different, do business and are known to the public; and

(6)        all prior periodic notification information required pursuant to the provisions of this paragraph (e)(b). However, such notification information that is older than four years from the date of the most recent update need not be included.

(c) Annual reporting by qualified third party

No later than June 30 of each year, beginning in the first calendar year following the calendar year in which a temporary or final certificate of occupancy was issued for a building subject to use restrictions of this Section, the owner of a building subject to use restrictions of this Section shall cause to be prepared a report on the existing conditions of the building, as of a date of inspection which shall be no earlier than May 15 of the year in which the report is filed.

The inspection shall be preceded by an annual notification letter from the owner of a building subject to use restrictions of this Section to all the required industrial use tenants of the building announcing the date of such inspection, that the organization conducting the inspection shall have access to the spaces occupied by required industrial uses, and encouraging the tenants to provide information including, but not limited to, the number of employees for each such space, to the organization.

The owner of a building subject to use restrictions of this Section shall cause such report to be prepared by an organization under contract with the City to provide inspection services, or on the Department of Small Business Services list of certified firms that provides such inspection services, or by an organization that the Commissioner of the Department of Small Business Services determines to be qualified to produce such report, or, in Industrial Business Incentive Area 2, by a special inspection agency that is registered with the City as established in Section 28-101.5 of the Administrative Code. Such organization or agency selected by the owner to prepare such report shall have a professional engineer or a registered architect, licensed under the laws of the State of New York, certify the report. Such report shall be in a form provided by the Director of the Department of City Planning, and shall include all of the information required pursuant to the provisions of paragraph (b) of this Section, and additional information as set forth in this paragraph (c):

(1)        a description of each establishment including the North American Industry Classification System (NAICS) code and number of employees;

(2)        the total amount of required industrial use floor area that is vacant, as applicable;

(3)        the average annual rent for the portions of the building, in the aggregate, required to be occupied by required industrial uses. However, prior to 36 months from the date of execution of a lease by the first required industrial use tenant in the building, no such figure shall be required to be included in any report due pursuant to this paragraph (c). For all calendar years following the year in which the first average annual rent figure is required to be submitted as part of an annual report, the average annual rent figure reported shall be for the annual average rent for the calendar year two years prior to the year in which the report is due; and

(4)        the number of new leases executed during the calendar year, categorized by lease duration, in five year increments from zero to five years, five to 10 years, 10 to 15 years, 15 to 20 years and 20 years or greater.

The report shall be submitted to the Director of the Department of City Planning by any method, including e-mail or other electronic means, acceptable to the Director. The applicable Community Board, Borough President and local City Council member shall be included in such transmission.

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