In the Newtown Creek Subdistrict, the maximum floor area ratio shall be 2.75, and may be increased only as set forth in this Section.

(a)        Floor area bonus for public amenities

For developments located within the Newtown Creek Subdistrict that provide a publicly accessible private street and open area, the floor area ratio may be increased from 2.75 to a maximum permitted floor area ratio of 3.75, provided that the Chairperson of the City Planning Commission has certified that such publicly accessible private street and open area comply with the design standards of Sections 125-44 (Private Street Requirements in Newtown Creek Subdistrict) and 125-45 (Publicly Accessible Open Area in Newtown Creek Subdistrict).

(b)        Floor area increase for Inclusionary Housing

(1)        Within the Special Southern Hunters Point District, the Newtown Creek Subdistrict shall be an Inclusionary Housing designated area, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, and this Section, applicable within the Special District.

(2)        In the Newtown Creek Subdistrict, for developments that provide a publicly accessible private street and open area that comply with the provisions of paragraph (a) of this Section, the floor area ratio for any zoning lot with buildings containing residences may be increased from 3.75 to a maximum floor area ratio of 5.0 through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Section 23-90 (INCLUSIONARY HOUSING), except that:

(i)        the height and setback regulations of Section 23-951 (Height and setback for compensated developments in Inclusionary Housing designated areas) or Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply. In lieu thereof, the special height and setback regulations of Section 125-30, inclusive, of this Chapter shall apply; and

(ii)        the provisions of Section 23-96 (Requirements for Generating Sites or MIH Sites) shall be modified to require that in the event the affordable housing is not located within the same Community District as the compensated zoning lot, it shall be located within a one-half mile radius of the compensated zoning lot in an adjacent Community District in the Borough of Queens.