In the Special West Chelsea District, a “granting site” shall mean a zoning lot, or portion thereof, in the High Line Transfer Corridor. A “receiving site” shall mean a zoning lot, or portion thereof, in any subarea other than Subareas F, H and J. Floor area from a granting site may be transferred to a receiving site in accordance with the provisions of this Section.

(a)        Notification

Prior to any transfer of floor area, the Department of City Planning shall be notified in writing of such intent to transfer floor area. Such notification shall be made jointly by the owners of the granting and receiving sites and shall include:

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

(2)        a copy of the distribution instrument legally sufficient in both form and content to effect such a distribution; and

(3)        if applicable, a certified copy of the instrument creating a secondary High Line access easement volume, pursuant to the provisions of Section 98-63.

Notices of restrictions in a form acceptable to the Department of City Planning shall be filed by the owners of the granting and receiving sites in the Office of the Register of the City of New York, indexed against the granting and receiving sites, certified copies of which shall be submitted to the Department of City Planning. Notice by the Department of City Planning of its receipt of certified copies thereof shall be a pre-condition to issuance by the Commissioner of Buildings of any building permit for any development or enlargement on the receiving site.

(b)        Floor area

The maximum amount of floor area transferred from a granting site located outside of a subarea shall not exceed the maximum floor area ratio permitted for a commercial or residential use on such granting site as of June 10, 2015, whichever is greater, less any existing floor area to remain on such granting site.

The maximum amount of floor area transferred from a granting site located in a subarea shall not exceed the basic maximum floor area ratio specified for the applicable subarea in the table in Section 98-22 (Maximum Floor Area Ratio and Lot Area in Subareas), less any existing floor area to remain on such granting site.

Each transfer, once completed, shall irrevocably reduce the amount of floor area that may be transferred from the granting site by the amount of floor area transferred.

The amount of floor area transferred to a receiving site from a granting site in the High Line Transfer Corridor shall not exceed the floor area ratio permitted on the receiving site through such transfer, pursuant to the table in Section 98-22.

(c)        Use

Floor area transferred from a granting site within the High Line Transfer Corridor may be used for any use allowed on the receiving site in accordance with the underlying zoning designation and the provisions of this Chapter.

(d)        Stairway easement requirement

As a condition for the transfer of floor area, an easement volume to facilitate pedestrian access to the High Line via stairway shall be provided in accordance with the provisions of Sections 98-60 (SPECIAL REGULATIONS FOR CERTAIN ZONING LOTS) and 98-63 (Recording of High Line Access Easement Volume).

(e)        Restrictive declaration

As a condition for the transfer of floor area, and in order to assure that the City’s interest in the restoration and reuse of the High Line as an accessible public open space is protected, a declaration of restrictions, executed by all “parties in interest” of the granting lot as defined in paragraph (f)(4) of the definition of zoning lot under Section 12-10 (DEFINITIONS), and including and incorporating such other instruments as are necessary to accomplish such purposes, as determined by the Department of City Planning in consultation with the Office of the Corporation Counsel, shall be filed and recorded in the Office of the Register of the City of New York. Notice by the Department of City Planning of receipt of certified copies of such recorded declaration shall be a precondition to issuance by the Commissioner of Buildings of any building permit, including any foundation or alteration permit, for any development or enlargement on the receiving site. Such recorded declaration shall be in addition to the Notice of Restrictions required pursuant to paragraph (a) of this Section.