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 additional floor area being 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.