In order to promote a superior site plan in the Eastern Rail Yard Subarea A1 of the Large-Scale Plan Subdistrict A, the Chairperson of the City Planning Commission shall allow, by certification, the distribution of floor area from the Eastern Rail Yard Subarea A1 to zoning lots in Subareas A2 through A5 of the Large-Scale Plan Subdistrict A. Such distribution shall only be permitted for receiving sites that have maximized their permitted floor area through contributions to the Hudson Yards District Improvement Fund, pursuant to Section 93-31, or the transfer of floor area or increase in the amount of floor area from the Phase 2 Hudson Boulevard and Park, pursuant to Sections 93-32 or 93-33. For the purposes of this Section, a “receiving site” shall mean a zoning lot within Subareas A2 through A5 to which floor area from the Eastern Rail Yard Subarea A1 has been distributed.

(a)        Distribution of floor area by certification

The Chairperson of the Commission shall allow, by certification, a distribution of floor area from the Eastern Rail Yard Subarea A1 to a receiving site provided that:

(1)        The amount of floor area distributed does not result in distributions in excess of the maximum amount specified for the applicable use that may be distributed from the Eastern Rail Yard Subarea A1, as set forth in paragraph (b)(2) of Section 93-21;

(2)        Each distribution, once completed, irrevocably reduces the amount of floor area that may be distributed from the Eastern Rail Yard Subarea A1 by the amount of floor area distributed; and

(3)        The amount of floor area on the receiving site which results from such distribution does not exceed the maximum floor area ratio permitted on a zoning lot through distribution of floor area from the Eastern Rail Yard Subarea A1, as specified in Row C of the table in Section 93-21.

(b)        Requirements for application

An application filed with the Chairperson of the Commission for the distribution of floor area by certification pursuant to paragraph (a) of this Section shall be made jointly by the owner of the development rights of the Eastern Rail Yard Subarea A1 and the receiving site and shall include:

(1)        a site plan and floor area zoning calculations for the receiving site; and

(2)        a copy of the distribution instrument legally sufficient in both form and content to effect such a distribution, together with a notice of the restrictions limiting further development of the Eastern Rail Yard Subarea A1.

Such notice of restrictions shall be filed by the owners of the respective sites in the Borough Office of the Register of the City of New York, indexed against the Eastern Rail Yard Subarea A1 and the receiving site, a certified copy of which shall be submitted to the Chairperson of the Commission. Receipt of certified copies thereof shall be a pre-condition to issuance of any building permit for any development or enlargement utilizing floor area distributed pursuant to this Section, including foundations with respect thereto, on the receiving site. Nothing herein shall limit the ability of the Commissioner of Buildings to issue a permit for the construction of a development or enlargement which does not utilize such distributed floor area.