Chapter 6 - Special Regulations Applying Around Mass Transit Stations

The City of New York
Eric Adams, Mayor
City Planning Commission
Daniel R. Garodnick, Chair

The provisions of this Chapter establish special regulations which are designed to support and facilitate transit accessibility and improvements in conjunction with developments and enlargements near transit stations, and in doing so, promote and protect public health, safety, general welfare and amenity. The general goals of this Chapter include, among others, the following purposes:

(a)        to support the long-term planning needs of mass transit stations and systemwide accessibility;

(b)        to reduce pedestrian congestion on city streets in the vicinity of transportation nodes, by facilitating the provision of easements and moving transit station entrance infrastructure off the sidewalk;

(c)        to offset potential burdens of such easement on development feasibility by providing zoning flexibility where easements are provided;

(d)        to encourage well-designed development and pedestrian environment, including enhanced pedestrian circulation, around mass transit stations;

(e)        to coordinate the present and future relationship of land uses around transit stations; and

(f)        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.

66-11

Definitions

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section, except where explicitly stated otherwise in individual provisions in this Chapter.

 

Above-grade mass transit station

For the purposes of this Chapter, an “above-grade mass transit station” shall refer to a mass transit station with a platform that is located entirely above five feet from curb level.

 

At or below-grade mass transit station

For the purposes of this Chapter, an “at- or below-grade mass transit station” shall refer to a mass transit station that is not an above-grade mass transit stations.

 

Central Business Districts

For the purposes of this Chapter, “Central Business Districts” shall refer to Special Midtown District, Special Hudson Yards District, Special Lower Manhattan District, Special Downtown Brooklyn District, Special Long Island City Mixed Use District or Special Garment Center District.

 

Clear path

For the purposes of this Chapter, a “clear path” shall refer to an unobstructed area between the street line and street wall that:

(a)        directly abuts an adjoining public sidewalk; and

(b)        extends along the street line for a distance equal to the width of an existing or planned access point to a mass transit station facing such transit-adjacent site, plus, in the aggregate, a maximum of 30 feet from the outermost extents of such width.

All clear paths shall be accessible to the public at all times.

 

Easement volume

For the purposes of this Chapter, an “easement volume” shall refer to an area of the zoning lot used to accommodate either:

(a)        station access infrastructure, including but not limited to elevators, stairs, escalators, ramps or fare control areas; or

(b)        ancillary facilities that are needed to support transit system functionality.

 

Eligible zoning districts

For the purposes of this Chapter, “eligible zoning districts” shall refer to the following zoning districts:

(a)        R5D, R6, R7, R8, R9 or R10 Districts;

(b)        Commercial Districts mapped within, or with an equivalent of an R5, R5D, R6, R7, R8, R9, or R10 District;

(c)        M1 Districts paired with R6 through R10 Districts; or

(d)        Manufacturing Districts.

 

Mass transit station

For the purposes of this Chapter, “mass transit station” shall refer to any subway or rail mass transit station operated by a transit agency. Such mass transit stations shall include all publicly accessible parts of the station, including but not limited to stairs, escalators, elevators, corridors, platforms, and fare control areas inclusive of paid and unpaid areas of the station. Publicly accessible parts of the station shall also include stairs, escalators, elevators, corridors and fare control areas that are currently closed but could be reopened and that have previously been open to the public.

 

Primary transit-adjacent sites

For the purposes of this Chapter, “primary transit-adjacent sites” shall refer to transit-adjacent sites that have a lot area of 5,000 square feet or more.

 

Qualifying transit improvement sites

For the purposes of this Chapter, “qualifying transit improvement sites” shall refer to zoning lots that are:

(a)        located in one of the following zoning districts:

(1)        R9 or R10 Districts;

(2)        Commercial Districts mapped within, or with an equivalent of an R9 or R10 District;

(3)        M1 Districts paired with an R9 or R10 District; or

(4)        M1-6 Districts; and

(b)        located wholly or partially within the following distance from a mass transit station:

(1)        500 feet for such zoning lots outside of Central Business Districts; or

(2)        1,500 feet for such zoning lots and mass transit stations within Central Business Districts.

Such distance shall be measured from the outermost extent of the mass transit station. For the purposes of such calculation, the outermost extent may include buildings containing easement volumes serving such mass transit station.

 

Secondary transit-adjacent sites

For the purposes of this Chapter, “secondary transit-adjacent sites” shall refer to transit-adjacent sites that have a lot area of less than 5,000 square feet.

 

Transit agency

For the purposes of this Chapter, a “transit agency” shall refer to any governmental agency with jurisdiction over the affected mass transit station.

 

Transit-adjacent sites

For the purposes of this Chapter, “transit-adjacent sites” shall refer to zoning lots that are located within 50 feet of a mass transit station and located in eligible zoning districts. Transit-adjacent sites include primary transit-adjacent sites and secondary transit-adjacent sites.

 

Transit volume

For the purposes of this Chapter, a “transit volume” shall refer to an area of a transit-adjacent site where, pursuant to the provisions of this Chapter, a transit agency has determined transit or pedestrian circulation improvements are needed for a mass transit station. Such transit volume may be used to accommodate easement volumes or clear paths.

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.

The provisions of this Chapter shall apply to transit-adjacent sites or qualifying transit improvement sites, as follows:

(a)        For transit-adjacent sites

(1)        The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), inclusive, shall apply to all developments or enlargements on the lowest story of a building on primary transit-adjacent sites.

(2)        The provisions of Section 66-30 (SPECIAL PROVISIONS FOR SECONDARY TRANSIT-ADJACENT SITES), inclusive, include optional provisions available to developments and enlargements on secondary transit-adjacent sites, conversions on transit-adjacent sites.

(3)        The provisions of Section 66-40 (CONSTRUCTION, MAINTENANCE AND ADDITIONAL PROVISIONS), inclusive, shall apply to all transit-adjacent sites providing an easement volume pursuant to Section 66-20 or Section 66-30.

(b)        For qualifying transit improvement sites

The provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements) shall be optional for qualifying transit improvement sites.

The provisions of this Chapter shall not apply as follows:

(a)        The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES) and Section 66-30 (SPECIAL PROVISIONS FOR SECONDARY TRANSIT-ADJACENT SITES), shall not apply to the following areas within Special Purpose District:

(1)        all subdistricts except 34th Street Corridor Subdistrict C and South of Port Authority Subdistrict E within Special Hudson Yards District;

(2)        qualifying sites in the East Midtown Subdistrict within Special Midtown District, as defined in Section 81-613 (Definitions); or

(3)        the Special Transit Land Use District.

(b)        The provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements) shall not apply:

(1)        to the following areas within Special Purpose Districts:

(i)        all subdistricts except 34th Street Corridor Subdistrict C and South of Port Authority Subdistrict E within Special Hudson Yards District;

(ii)        the Court Square Subdistrict within Special Long Island Mixed Use District; or

(iii)        qualifying sites in the East Midtown Subdistrict within the Special Midtown District, as defined in Section 81-613 (Definitions); or

(2)        to the 34th Street - Hudson Yards Station.

The provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) regarding the right to continue construction shall apply. In addition, the following special vesting provisions shall apply:

(a)        Inapplicability of easement provisions for vested sites and previously approved easements

The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), shall not apply to:

(1)        developments or enlargements on the lowest story of a building on zoning lots with an easement created pursuant to the provisions of this Resolution on or before October 7, 2021, where such easement is providing transit station access infrastructure or ancillary facilities; or

(2)        developments or enlargements on the lowest story of a building if, on or before October 7, 2021:

(i)        an application has been filed with the Department of Buildings, and if, on or before October 7, 2021, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development or enlargement. The application may be revised and retain vested status, provided that the lot coverage for the development or enlargement is not increased beyond the amount described in the approved application;

(ii)        an application for a special permit or variance has either been approved or is pending before the Board of Standards and Appeals;

(iii)        an authorization or special permit from the City Planning Commission has either been approved, certified or referred; or

(iv)        an application for a Certificate of Appropriateness or other permits has either been approved or is pending before the Landmarks Preservation Commission.

Subsequent to October 7, 2021, such applications for developments or enlargements may be continued, and, if approved, construction may be started or continued pursuant to the provisions in effect prior to October 7, 2021.

(b)        Applicability of bonus provisions to previously filed special permits applications

If, before October 7, 2021, an application for a special permit for a floor area bonus for subway station improvements has been referred for public review by the City Planning Commission pursuant to Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan), as such Section existed prior to October 7, 2021, such application may continue pursuant to the regulations in effect at the time such special permit was referred for public review by the Commission. Such special permit, if granted by the Commission, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such special permit was referred by the Commission.

For all developments or enlargements on the lowest story of a building on primary transit-adjacent sites, a determination, or certification, where applicable, for a transit volume shall be obtained pursuant to Section 66-21 (Determination and Certification for Transit Volumes). Where a transit volume is needed, special use, bulk, parking, and streetscape regulations are set forth in Sections 66-22 (Special Use Regulations), 66-23 (Special Bulk Regulations), 66-24 (Special Regulations for Accessory Off-street Parking), and 66-25 (Special Streetscape Regulations) respectively. Separate applicability is set forth within such Sections for primary transit-adjacent sites with easement volumes and for those with clear paths.

For all developments or enlargements on the lowest story of a building on primary transit-adjacent sites, a determination by the transit agency as to whether a transit volume is needed on the zoning lot shall be obtained pursuant to the provisions of this Section prior to any application with the Department of Buildings for an excavation permit, foundation permit, new building permit or alteration permit. An initial determination by the transit agency shall be made in accordance with paragraph (a) of this Section. Where a transit volume is needed based on the initial determination, the dimensions and location of such transit volume shall be established in accordance with paragraph (b) of this Section, and certified by the Chairperson of the City Planning Commission pursuant to paragraph (c).

(a)        Initial determination


The owner of the zoning lot shall request a determination by the transit agency as to whether or not a transit volume is needed on the portion of the zoning lot not otherwise occupied by existing buildings that will remain. Within 30 days of receipt of such request, the transit agency shall issue a determination, indicating whether or not a transit volume is needed on such portion of the zoning lot. Failure by the transit agency to issue the determination within the 30-day period will release the owner from any obligation to provide a transit volume on such zoning lot.

Where the transit agency determines a transit volume is needed on the zoning lot, the provisions of paragraphs (b) and (c) of this Section shall apply. Where the transit agency determines a transit volume is not needed, a building permit may be issued for such development or enlargement, and no remaining provisions of this Section shall apply.

(b)        Determination of easement dimensions and location


Where a transit volume is needed, as determined pursuant to the provisions of paragraph (a) of this Section, the transit agency shall, within 30 days, determine the appropriate type, dimensions and general location of the transit volume on the zoning lot based on a concept plan for the use of such volume. Prior to the 30-day period, the transit agency may request relevant materials from the owner of the zoning lot, including existing and proposed site conditions, or other necessary information that will support the planning of such transit volume.

After the size and general location of the transit volume has been determined by the transit agency, the owner shall submit for approval by the transit agency a site plan showing a proposed specific location of the transit volume that would be compatible with the proposed development or enlargement on the zoning lot. The transit agency shall, within 30 days of its receipt, either approve the site plan, or request modifications to the transit volume within the site plan in a manner that aligns with the concept plan. Upon such request, the owner shall submit a revised site plan, and within 15 days of its receipt, the transit agency shall confirm that the requested modifications have been addressed. In the event that such requested modifications have not been sufficiently addressed, subsequent revisions to the site plan may be requested by the transit agency, and each submission shall have a 15-day review period from the transit agency.

Upon approval of the site plan by the transit agency, such site plan shall be certified by the Chairperson of the City Planning Commission pursuant to paragraph (c) of this Section prior to the issuance of a building permit by the Department of Buildings for such development or enlargement.

Notwithstanding the above, a building permit may be issued for a development or enlargement:

(1)        where the size of the proposed transit volume exceeds 25 percent of the width of any street frontage on the zoning lot, as measured along the street line; or

(2)        where the number of days associated with the determination and review periods by the transit agency exceeds any of the limits set forth in this paragraph, or a total review period of 120 days. The total review period shall only be inclusive of the duration of the transit agency’s determination and review periods set forth in both paragraphs (a) and (b) of this Section.

 

(c)        Chairperson certification

Upon approval of the site plan by the transit agency, a legally enforceable instrument, running with the land and setting forth the dimensions and location of a transit volume, shall be executed and recorded in a form acceptable to the transit agency and Chairperson of the City Planning Commission. The Chairperson shall be provided with a certified copy of the legally enforceable instrument, and upon receipt, shall certify the application and forward copies of such certification to the Commissioner of the Department of Buildings. Such certification shall be a precondition for the utilization of the remaining provisions of Section 66-20, inclusive, in any development or enlargement on a zoning lot where a transit volume is needed.

Where an easement volume is needed on the zoning lot pursuant to paragraph (a) and (b) of this Section, additional requirements setting forth the construction, maintenance and other obligations shall apply pursuant to the provisions of Section 66-41 (Construction, Maintenance and Other Obligations).

No temporary or final certificate of occupancy for the development or enlargement shall be granted until the Chairperson of the City Planning Commission notifies the Department of Buildings that the execution and recordation of other basic terms of the easement volume setting forth the obligations and requirements of either the transit agency or the owner and developer, their successors and assigns, inclusive of the requirements set forth in Section 66-41, have been completed.

Where an easement volume is provided, the applicable use regulations of this Resolution shall be modified in accordance with the provisions of Sections 62-221 (Temporary uses) and 62-222 (Special use allowances around easement volumes).

Any space within an easement volume may be temporarily allocated to the following uses until such time as the space is needed by the transit agency:

(a)        in all districts, any community facility use without sleeping accommodations allowed by the underlying district;

(b)        in Residence Districts, uses listed in Use Group 6A and 6C; or

(c)        in Commercial and Manufacturing Districts, any commercial or manufacturing use allowed by the underlying district.

The floor space allocated to such temporary uses within the easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating accessory off-street parking, bicycle parking, or loading berths.

Improvements to, or construction of a temporary nature within the easement volume for such temporary uses shall be removed by the owner of the building or portion of the zoning lot within which the easement volume is located prior to the time at which public use of the easement area is needed, except as otherwise specified by the transit agency. A minimum notice of 12 months shall be given, in writing, by the transit agency to the owner of the building or portion of the zoning lot to vacate the easement volume.

The following use allowances around easement volumes shall apply in applicable districts.

(a)        Special use allowances in Residence Districts

In all Residence Districts, uses listed in Use Group 6A and 6C shall be permitted within a distance of 30 feet from the outermost edge of the easement volume:

(1)        at the ground floor level of a building on a zoning lots with an easement volume serving an at- or below-grade mass transit station, or

(2)        at the two lowest stories of a building on a zoning lot with an easement volume serving an above-grade mass transit station.

Such uses may be permitted so long as that in buildings that include residential uses, such uses are located in a portion of the building that has separate access to the outside with no opening of any kind to the residential portion of the building, and that such uses are not located directly over any story containing dwelling units.

(b)        Special regulations for commercial use location in mixed buildings in Commercial Districts

In C1 or C2 Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified for mixed buildings that are developed or enlarged with an easement volume serving an above-grade mass transit station, to allow all permitted commercial uses on the lowest two stories.

Where an easement volume is provided, the applicable bulk regulations of this Resolution shall be modified in accordance with the provisions of this Section. Where a clear path is provided, only the street wall provisions of Section 66-233 (Special street wall modifications) shall apply.

The floor area modifications of this Section shall apply as follows:

(a)        Floor area exemption

The floor space contained within any easement volume shall be excluded from the definition of floor area.

(b)        Commercial floor area in Residence Districts

Where special use allowances pursuant to paragraph (a) of Section 66-222 (Special use allowances around easement volumes) are permitted in Residence Districts, the maximum permitted commercial floor area shall be equivalent to the area permitted for commercial uses pursuant to such Section.

The open space, lot coverage and yard modifications of this Section shall apply as follows.

(a)        Permitted obstructions

(1)        Easement volumes in all zoning districts

Any portion of an easement volume shall be considered a permitted obstruction within a required open space, yards, rear yard equivalent, or court pursuant to the regulations of this Resolution. Any easement volume, including any use or structure therein, shall be located at least 30 feet from any legally required window at the same level on the zoning lot.

(2)        Non-residential uses in Commercial or Manufacturing Districts

Any building or portion of a building used for any permitted commercial or community facility uses, up to two stories, excluding basements, or 30 feet above curb level, whichever is less, shall be considered a permitted obstruction in any rear yard or rear yard equivalent of a zoning lot with an easement volume serving an above-grade mass transit station. Any portion of a building containing residences or rooms used for living or sleeping purposes (other than a room in a hospital used for the care or treatment of patients, or joint living-work quarters for artists) shall not be a permitted obstruction.

(b)        Special open space modifications in certain districts

In R5D Districts and Commercial Districts mapped within or with a residential equivalent of an R5 or R5D Districts, the provisions of paragraph (g) of Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) shall not apply.

(c)        Special lot coverage modifications in certain districts

The underlying lot coverage provisions shall apply except as modified pursuant to this paragraph.

(1)        Any easement volume, or portion thereof, that is open to the sky shall not be included in lot coverage.

(2)        In R5D Districts and Commercial Districts mapped within or with a residential equivalent of an R5 or R5D Districts, the maximum residential lot coverage for interior lots or through lots shall be 65 percent, and the maximum residential lot coverage for corner lots shall be 85 percent. Such provisions shall also apply to buildings utilizing the optional provisions for a predominantly built-up area.

(3)        In R6 and R7 Districts, for Quality Housing buildings, the maximum residential lot coverage for interior lots and through lots shall be 70 percent.

The street wall modifications of this Section shall apply to districts with street wall requirements.

(a)        Street wall location where an easement volume is provided

For Quality Housing buildings, the underlying street wall location provisions shall be modified pursuant to this paragraph.

(1)        For all zoning lots, any portion of the easement volume facing the street, as well as any portion of a building behind or above such easement volume shall not be subject to street wall location provisions along the street frontage the easement volume is located.

(2)        Where an easement volume is located wholly beyond 50 feet of the intersection of two street lines, street walls within 15 feet of an easement volume, as measured along the street line may be recessed, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court. However, on corner lots, where an easement volume is placed partially or wholly within 50 feet of the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and lines drawn perpendicular to such street lines within 15 feet from the edges of such easement volume. For corner lots with an angle of 75 degrees or less, such distance may be increased to 20 feet.

(b)        Street wall location where a clear path is provided

Where a clear path is provided, the interior boundary of such clear path shall be considered a street line for the purposes of applying the applicable street wall location requirements.

The height and setback modifications of this Section shall apply as follows:

(a)        Permitted obstructions

(1)        Easement volumes

Any portion of an easement volume shall be considered a permitted obstruction within a required setback or above any maximum base height, maximum building height, or sky exposure plane set forth in height and setback regulations of this Resolution. Any easement volume, including any use or structure therein, shall be located at least 30 feet from any legally required window at the same level on the zoning lot.

(2)        Dormers

For Quality Housing buildings, as an alternative to the provisions of paragraph (c) of Section 23-623, dormers may be a permitted obstruction within a required front setback distance above a maximum base height, provided that the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the street wall of the highest story entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases. For the purposes of this paragraph, the width of the street wall shall be determined pursuant to the provisions of paragraph (a) of Section 66-233 (Special street wall modifications).

(b)        Special height and setback provisions for R5 Districts

The requirements of Section 23-63 (Height and Setback Requirements in R1 Through R5 Districts) shall be modified for the portions of a building used for residential use, as follows:

(1)        In Commercial Districts mapped within, or with a residential equivalent of an R5 District, the maximum height of a street wall before setback shall be 35 feet. Above such height, a setback of 10 feet shall be provided, and the maximum building height shall be 45 feet. Such provisions shall also apply to buildings utilizing the optional provisions for a predominantly built-up area; and

(2)        In R5D Districts or Commercial Districts mapped within, or with a residential equivalent of an R5D District, the maximum building height shall be increased by 10 feet or one story, whichever is less.

(c)        Special height provisions for R6 through R10 Districts and certain Commercial and M1 Districts

In R6 through R10 Districts, Commercial Districts mapped within or with a residential equivalent of such districts, M1 Districts paired with R6 through R10 Districts, and M1-6 Districts, where maximum building height limitations apply, the maximum building height shall be increased by 10 feet, or one story, whichever is less.

However, for zoning lots with an easement volume serving an above-grade mass transit station in R7 through R10 Districts, Commercial Districts mapped within or with a residential equivalent of such districts, M1 Districts paired with R7 through R10 Districts, and M1-6 Districts, the maximum building height  shall be increased by 20 feet or two stories, whichever is less.

Where an easement volume is provided, the underlying parking regulations of this Resolution shall be modified in accordance with the provisions of this Section.

(a)        Parking space deduction

For all applicable zoning lots, 15 spaces may be deducted from the total number of required accessory off-street parking spaces. Where accessory off-street parking spaces are required by multiple uses on a zoning lot, such deduction may apply to any required accessory off-street parking spaces provided that in no event shall the aggregate total of such deduction exceed 15 spaces. Any allowances for reductions or waivers of accessory off-street parking spaces set forth in underlying district regulations or Special Purpose Districts, shall continue to apply.

(b)        Special waiver of requirements for small zoning lots

For zoning lots with a lot area of 10,000 or 15,000 square feet or less, as applicable, requirements for accessory off-street parking spaces are waived pursuant to the following table:

 

 

 

District

Lot Area

(in square feet)

R5  R5D

C1-1  C2-1  C3  C4-1

C1-2  C2-2  C4-2  C8-1

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

10,000 or less

R6  R7  R8  R9  R10

C1-4  C2-4  C4-4  C4-5D  C8-3

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

15,000 or less

(c)        Waiver of requirements where access would be forbidden

 

The location and size of the transit volume, along with an area within 30 feet thereof, shall be considered for the purposes of applying waiver provisions of Sections 25-27, 25-34, 36-24, 36-38 or 44-24 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden).

Where an easement volume is provided, the underlying ground floor level and planting requirements shall be modified in accordance with Sections 62-251 (Ground floor level requirements) and 62-252 (Planting requirements).

An easement volume shall be excluded from any ground floor level requirements of this Resolution, including, but not limited to, the location of such ground floor in relation to the adjoining sidewalk level, the height of a qualifying ground floor, restrictions of types of use, the minimum depth for certain uses, maximum width for certain uses, minimum transparency requirement, and parking wrap and screening requirements.

(a)        Planting requirements for R5D Districts

In R5D Districts, planting requirements shall be modified as follows:

(1)        The easement volume shall be discounted from the area of a front yard for the purposes of applying the planting requirement of Section 23-451 (Planting requirement); and

(2)        Where planting strips are required along the entire length of the curb of the street pursuant to Section 26-42 (Planting Strips), such planting strips may be interrupted by utilities or paved areas providing public access to an easement volume.

(b)        Planting requirements for Quality Housing buildings

For Quality Housing buildings, the area of the zoning lot between the street line and the easement volume shall be exempt from the planting requirements of Section 28-23 (Planting Areas).

Where a transit volume is provided pursuant to Section 66-21 (Determination and Certification for Transit Volumes), the City Planning Commission may authorize or grant, by special permit, the modification of applicable regulations of this Resolution, other than floor area ratio, including the provisions set forth in Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), inclusive, pursuant to Section 66-52 (Additional Modifications).

For all secondary transit-adjacent sites, the provisions of this Section are optional. On such sites, an optional transit volume may be provided in accordance with a determination by the transit agency and certification by the Chairperson of the City Planning Commission pursuant to Section 66-31 (Determination and Certification for Optional Transit Volumes). Where a transit volume is provided, special use, bulk, parking, and streetscape regulations are set forth in Sections 66-32 (Special Modifications for Secondary Transit-adjacent Sites).

For all developments and enlargements on secondary transit-adjacent sites and conversions on all transit-adjacent sites seeking to provide a transit volume, an initial determination by the transit agency shall be made in accordance with the provisions of paragraph (a) of Section 66-21 (Determination and Certification for Transit Volumes). Where a transit volume is needed based on the initial determination, the dimensions and location of such transit volume shall be established in accordance with paragraph (b) of Section 66-21, and certified by the Chairperson of the City Planning Commission pursuant to paragraph (c) of such Section.

 

Where a transit volume is provided pursuant to Section 66-31 (Determination and Certification for Optional Transit Volumes), special use, bulk, parking, and streetscape regulations may be applied as follows:

(a)        For all developments or enlargements on secondary transit-adjacent sites, the modifications set forth in Sections 66-22 through 66-25 shall apply as if such development or enlargement was on a primary transit-adjacent site.

(b)        For conversions on all transit-adjacent sites, the following modifications shall apply as if such conversion was on a primary transit-adjacent site:

(1)        Use modifications pursuant to Section 66-221 (Temporary uses);

(2)        Bulk modifications pursuant to Section 66-231 (Special floor area modifications), paragraph (a)(1) of Section 66-232 (Special open space, lot coverage and yard modifications), Section 66-233 (Special street wall modifications), and paragraph (a)(1) of Section 66-234 (Special height and setback modifications);

(3)        Waiver provisions for required parking pursuant to paragraph (c) of Section 66-24 (Special Regulations for Accessory Off-street Parking); and

(4)        Streetscape modifications pursuant to Section 66-25 (Special Streetscape Regulations).

Where a transit volume is provided pursuant to Section 66-31 (Determination and Certification for Optional Transit Volumes), the City Planning Commission may authorize or grant, by special permit, the modification of applicable regulations of this Resolution, other than floor area ratio, including the  provisions set forth in this Section, pursuant to Section 66-52 (Additional Modifications).

 

Where an easement volume is provided pursuant to Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES) or Section 66-30 (SPECIAL PROVISIONS FORSECONDARY TRANSIT-ADJACENT SITES) the provisions of this Section, inclusive, shall apply. Where a clear path is provided pursuant to the aforementioned Sections, the provisions of Section 66-42 (Termination of a Transit Volume) shall also apply.

Where an easement volume is provided pursuant to this Chapter, transit access improvements within such volume shall be constructed and maintained either by the transit agency or the owner of the zoning lot with the development, enlargement or conversion.

(a)        Where such transit access improvement is constructed and maintained by the transit agency:

(1)        the owner of zoning lot with the development, enlargement or conversion shall provide an easement volume that is designed and constructed in such a manner that would not inhibit the transit agency’s functional requirements and ability to construct such transit access improvement at a future date;

(2)        in the event that the construction of the improvement is not contemporaneous with the construction of the development, enlargement or conversion, any underground walls constructed along the front lot line adjacent to an at- or below-grade mass transit station shall include one or more knockout panels, below curb level down to the bottom of the easement volume. The actual location and size of such knockout panels shall be determined through consultation with the transit agency;

(3)        temporary construction access shall be granted to the transit agency on portions of the zoning lot outside of the easement volume, as needed, to enable construction within and connection to the easement volume; and

(4)        in the event that the transit agency has approved of obstructions associated with the development, enlargement or conversion within the easement volume, such as building columns or footings, such construction and maintenance shall exclude any such obstructions within the easement volume.

(b)        Where such transit access improvement is constructed and maintained by the owner of the development , enlargement or conversion:

(1)        a transit access improvement shall be provided in accordance with standards set forth by the transit agency;

(2)        such improvement shall be accessible to the public at all times, except as otherwise approved by the transit agency;

(3)        such improvement shall include signs to announce accessibility to the public. Such signs shall be exempt from the maximum surface area of non-illuminated signs permitted by Section 32-642 (Non-illuminated signs); and

(4)        no temporary certificate of occupancy shall be granted by the Department of Buildings until the Chairperson of the City Planning Commission, acting in consultation with the transit agency, has certified that the improvement is substantially complete and usable by the public.

In the event that the transit agency and the Chairperson of the City Planning Commission jointly notify, in writing, the owner of the zoning lot and the Department of Buildings that a transit volume is not needed on such zoning lot in its final construction plans, the restrictions imposed on such zoning lot by the provisions of this Section 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 transit agency to the extinguishment of the transit volume.

Where initially determined that an easement volume is needed on any zoning lot which has been developed, enlarged or converted in accordance with the provisions of this Chapter, where termination of  such easement volume has been certified pursuant to this paragraph, the use provisions of Section 66-221 (Temporary uses) and Section 66-222 (Special use allowances around easement volumes) shall continue to apply to any floor space in a previously needed easement volume and around such easement volume where special uses allowances are permitted in Residence Districts pursuant to this Chapter. Additionally, any floor space in a previously needed easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating requirements for accessory off-street parking, bicycle parking or loading berths. However, where such previously needed volume is located within a building, the ground floor space shall be subject to all applicable ground floor level requirements of this Resolution.

The transit agency shall submit annually to the Chairperson of the City Planning Commission and to the City Council a report containing an inventory of all easement volumes established through the provisions of this Chapter and describing the status of improvements within all such easement volume.

For qualifying transit improvement sites, a floor area bonus may be granted, either by authorization or special permit, where major mass transit station improvements are provided pursuant to Section 66-51 (Additional Floor Area for Mass Transit Improvements).

For all applications pursuant to the provisions of Sections 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), 66-30 (SPECIAL PROVISIONS FOR SECONDARY TRANSIT-ADJACENT SITES) or 66-51, additional modifications may be granted by the City Planning Commission, either by authorization or special permit, pursuant to Section 66-52 (Additional Modifications).

For developments or enlargements located on qualifying transit improvement sites, the City Planning Commission may grant a floor area bonus, by authorization, pursuant to Section 66-511 (Additional floor area for mass transit station improvements by authorization), or by special permit, pursuant to Section 66-512 (Additional floor area for mass transit station improvements by special permit). All such floor area bonuses shall comply with the conditions, findings and additional requirements set forth in Section 66-513 (Additional rules and limitations, conditions, findings and requirements).

For developments or enlargements located on qualifying transit improvement sites the City Planning Commission may grant, by authorization, an increase in the maximum permitted floor area ratio, up to a maximum of 20 percent or 200,000 square feet of floor area, whichever is less, where a major improvement to a mass transit station is provided.

The provisions of Section 66-513 (Additional rules and limitations, conditions, findings and requirements) shall apply to all developments or enlargements utilizing the provisions of this Section. Additional rules and limitations on bonus floor area are set forth in paragraph (a), conditions associated with the improvement to a mass transit station are set forth in paragraph (b), application requirements are set forth in paragraph (c), the findings that must be met in order for the Commission to grant the authorization, are set forth in paragraph (d), and additional requirements for all applications are set forth in paragraph (e).

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

For developments or enlargements located on qualifying transit improvement sites the City Planning Commission may grant, by special permit, an increase in the maximum permitted floor area ratio, up to a maximum of 20 percent, without limitation on overall square footage, where a major improvement to a mass transit station is provided.

The provisions of Section 66-513 (Additional rules and limitations, conditions, findings and requirements) shall apply to all developments or enlargements utilizing the provisions of this Section. Additional rules and limitations on bonus floor area are set forth in paragraph (a), conditions associated with the improvement to a mass transit station are set forth in paragraph (b), application requirements are set forth in paragraph (c), the findings that must be met in order for the Commission to grant the special permit, are set forth in paragraph (d), and additional requirements for all applications are set forth in paragraph (e).

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

Any authorization or special permit application pursuant to the provisions of Section 66-511 (Additional floor area for mass transit station improvements by authorization) or Section 66-512 (Additional floor area for mass transit station improvements by special permit), respectively, shall be subject to the following provisions.

(a)        Additional rules and limitations on bonus floor area

The following rules and limitations on bonus floor area shall apply in addition to the provisions set forth in Sections 66-511 and 66-512:

(1)        Where a zoning lot contains multiple uses with different floor area ratios, the bonus may be applied to any individual use, and the total of all floor area ratios shall not exceed 20 percent of the greatest floor area ratio permitted on the zoning lot;

(2)        The floor area bonus may be used in combination with other floor area bonuses, provided that the maximum floor area ratio permitted through the combination of bonuses does not exceed 20 percent of the maximum floor area ratio otherwise permitted on the zoning lot. However, such 20 percent limitation shall not apply:

(i)        where explicitly stated otherwise in a Special Purpose District; or

(ii)        within Inclusionary Housing designated areas or within R10 Districts outside of Inclusionary Housing designated areas;

(3)        Within Inclusionary Housing designated areas or within R10 Districts outside of Inclusionary Housing designated areas, the residential floor area ratio used to calculate the maximum permitted floor area bonus shall be the maximum residential floor area ratio set forth in paragraph (a) or (b) of Section 23-154 (Inclusionary Housing), as applicable; and

(4)        For compensated developments or MIH developments, as defined in Section 23-911 (General definitions), the requirements of Section 23-154 shall not apply to the bonus floor area granted under the provisions of this Section.

For the purposes of applying this paragraph to applications seeking an authorization pursuant to Section 66-511, notwithstanding the above allowances, in no event shall the amount of bonus floor area exceed 200,000 square feet.

(b)        Conditions

All applications shall include proposed on-site or off-site improvements to a proximate mass transit station, that shall be characteristic of current best practice in mass transit network design.

All applications shall include accessibility or capacity-enhancing improvements,  including, but not limited to, the provision of elevators and escalators, widening, straightening, expanding or otherwise enhancing the existing pedestrian circulation network, or reconfiguring circulation routes to provide more direct pedestrian connections to subway or rail mass transit facilities. Where improvements are proposed for a mass transit station that is not in compliance with the Americans with Disabilities Act, accessibility improvements shall be prioritized.

In addition to accessibility or capacity-enhancing improvements, environmental design or resiliency improvements may also be provided, including but not limited to, daylight access, retail uses, enhancements to noise abatement, air quality, lighting, finishes, rider orientation in new or existing passageways, or flood resiliency upgrades.

All proposed improvements shall be subject to the approval of the applicable transit agency and the City Planning Commission.

(c)        Application requirements

All applications shall include the following:

(1)        Prior to submitting an application, the applicant shall submit a schematic or concept plan for the proposed improvement to the transit agency and the Chairperson of the City Planning Commission. Such schematic or concept plan shall include such materials and information sufficient to provide the basis for the transit agencies to evaluate and determine the constructability of such proposed improvement.

(2)        At the time of application referral or certification, the Commission shall be provided with the following application materials:

(i)        a letter from the transit agency containing a conceptual approval of the improvement, including a statement of any considerations regarding the construction and operation of the improvement;

(ii)        all information and justification sufficient to provide the Commission with the basis for evaluating the benefits of such improvements to the general public; and

(iii)        initial plans for the maintenance of the proposed improvements.

(3)        Where a transit volume is needed pursuant to the provisions of Section 66-21 (Determination and Certification for Transit Volumes), the applicant shall provide materials sufficient to demonstrate the relationship between the proposed on-site improvement and such transit volume.

(d)        Findings

In order to grant such floor area bonus, the Commission shall find that:

(1)        the public benefit derived from the mass transit station improvements merits the amount of additionalfloor areabeing granted to the proposed development pursuant to the authorization or special permit;

(2)        for accessibility or capacity-enhancing improvements, newly created or expanded accessible routes for persons with physical disabilities, or measures to improve station ingress and egress routes or platform capacity, such improvements will constitute significant enhancements to connectivity from the pedestrian circulation network to and through the mass transit station; and

(3)        where environmental design or resiliency improvements are provided in addition to accessibility or capacity-enhancing improvements, such improvements will constitute significant enhancements to the station environment or its function.

(e)        Additional requirements

In addition to the application requirements of paragraph (c) of this Section, additional requirements set forth in this paragraph shall apply.

(1)        Prior to the granting of such floor area bonus, the following requirements shall be met:

(i)        To the extent required by the transit agency, the applicant shall execute an agreement, setting forth the obligations of the owner, its successors and assigns, to establish a process for design development and a preliminary construction schedule for the proposed improvement; construct the proposed improvement; establish a program for maintenance and capital maintenance; and establish that such improvements shall be accessible to the public during the hours of operation of the station or as otherwise approved by the transit agency. Where the transit agency deems necessary, such executed agreement shall set forth obligations of the applicant to provide a performance bond or other security for completion of the improvement in a form acceptable to the transit agency; and

(ii)        The City Planning Commission shall be provided with a final letter of approval from the transit agency stating that the drawings and other documents submitted by the applicant have been determined by such transit agency to be of sufficient scope and detail to describe the size and character of the improvement as to architectural, structural, mechanical and electrical systems, materials, relationship to existing site conditions and such other conditions as may be appropriate, and that the construction of the improvement in accordance with such submission is feasible.

(2)        Prior to obtaining a foundation permit or building permit from the Department of Buildings, a written declaration of restrictions, in a form acceptable to the Chairperson of the City Planning Commission, containing complete drawings of the improvement and setting forth the obligations of the owner as agreed upon with the transit agency pursuant to the requirements of paragraph (e)(1) of this Section, shall be recorded against such property in the Borough Office of the City Register of the City of New York. Proof of recordation of the declaration of restrictions shall be submitted in a form acceptable to the Department of City Planning.

(3)        No temporary certificate of occupancy shall be granted by the Department of Buildings for the portion of the building utilizing bonus floor area granted pursuant to the provisions of this Section until the required improvements have been substantially completed, as determined by the Chairperson, acting in consultation with the transit agency, where applicable, and such improvements are usable by the public. Such portion of the building utilizing bonus floor area shall be designated by the Commission in drawings included in the declaration of restrictions filed pursuant to this paragraph.

No permanent certificate of occupancy shall be granted by the Department of Buildings for the portion of the building utilizing bonus floor area until all improvements have been completed in accordance with the approved plans, as determined by the Chairperson, acting in consultation with the transit agency, where applicable.

Where an easement volume is needed pursuant to the provisions of Section 66-21 (Determination and Certification for Transit Volumes) or Section 66-31 (Determination and Certification for Optional Transit Volumes), the provisions of paragraph (b) of Section 66-41 (Construction, Maintenance and Other Obligations) shall not apply.

In conjunction with any application pursuant to Section 66-21 (Determination and Certification for Transit Volumes), 66-31 (Determination and Certification for Optional Transit Volumes) and 66-51 (Additional Floor Area for Mass Transit Station Improvements), modifications may be granted pursuant to Section 66-521 (Authorization for transit-adjacent sites or qualifying transit improvement sites) or Section 66-522 (Special permit for transit-adjacent sites or qualifying transit improvement sites).

For transit-adjacent sites or qualifying transit improvement sites, the City Planning Commission may authorize the modification of applicable regulations of this Resolution, other than floor area ratio, including the other modifications set forth within this Chapter, provided that the Commission determines that the conditions and limitations set forth in paragraph (a), the application requirements of paragraph (b) and the findings set forth in paragraph (c) of this Section are met.

(a)        Conditions and limitations

Where maximum building height limitations apply, modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height as set forth in applicable district regulations. Any additional height permitted pursuant to Section 66-234 (Special height and setback modifications) shall not be included in such percentage increase but may be applied in addition to the resulting building height limits.

(b)        Application requirements

Applications for an authorization for modifications pursuant to this Section shall contain materials, of sufficient scope and detail, to enable the Commission to determine the extent of the proposed modifications.

(c)        Findings

The Commission shall find that:

(1)        such proposed modifications are the minimum extent necessary to:

(i)        reasonably accommodate an easement volume, including any associated access thereto; or

(ii)        where improvements to mass transit stations are provided, reasonably accommodate the additional floor area granted pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements);

(2)        any modifications to use regulations will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area;

(3)        any modifications to bulk regulations will not unduly obstruct access of light and air to surrounding streets and properties; and

(4)        any modifications to accessory off-street parking or loading regulations will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For transit-adjacent sites or qualifying transit improvement sites, the City Planning Commission may grant, by special permit, the modification of applicable regulations of this Resolution, other than floor area ratio, including the other modifications set forth within this Chapter, provided that the Commission determines that the application requirements of paragraph (a) and the findings set forth in paragraph (b) of this Section are met.

(a)        Application requirements

Applications for a special permit for modifications pursuant to this Section shall contain materials, of sufficient scope and detail, to enable the Commission to determine the extent of the proposed modifications.

(b)        Findings

The Commission shall find that:

(1)        such proposed modifications are necessary

(i)        to facilitate an easement volume, including any associated access thereto; or

(ii)        where improvements to mass transit stations are provided, to accommodate the additional floor area granted pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements);

(2)        any modifications to use regulations will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area;

(3)        any modifications to bulk regulations:

(i)        will not unduly obstruct the access of light and air to surrounding streets and properties nor adversely affect the character of the surrounding area; and

(ii)        will result in an improved distribution of bulk on the zoning lot that is harmonious with the surrounding area; and

(4)        any modifications to accessory off-street parking or loading regulations will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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