Within the Special Eastchester – East Tremont Corridor District, any building containing residences shall be developed or enlarged in accordance with the Quality Housing Program and the regulations of Article II, Chapter 8 shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.

For the purposes of applying the Inclusionary Housing Program provisions set forth in Sections 23-154 and 23-90 (Inclusionary Housing), Mandatory Inclusionary Housing areas within the Special Eastchester – East Tremont Corridor District are shown in APPENDIX F of this Resolution.

The provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones) shall apply. In the event of a conflict between the provisions of this Chapter and Article VI, Chapter 4, the provisions of Article VI, Chapter 4 shall control.

In M1 Districts paired with a Residence District, the special use, bulk and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Chapter.

1. Residential floor area ratio
   
   In R6A, R6-1 or R7-2 Residence Districts, and Commercial Districts mapped within or with a residential equivalent of such Districts, the maximum residential floor area ratio for zoning lots in a Mandatory Inclusionary Housing area set forth in paragraph (d) of Section 23-154 (Inclusionary Housing) shall be modified as follows:
   1. in R6A or R6-1 Districts, the maximum floor area ratio for residential uses shall be 3.9; and
   2. in R7-2 Districts, the maximum floor area ratio for residential uses shall be 5.0.#
2. Commercial floor area ratio#
   
   In C4-3 or C4-4 Districts, the maximum floor area ratio for commercial uses shall be 4.0.#
3. Community Facility floor area ratio#
   
   ​​​​​​​In M1 Districts with an A suffix paired with an R7-3 District, the maximum floor area ratio for community facility uses shall be 6.5.

In Subdistrict A, on a zoning lot improved with public schools pursuant to an agreement with the New York City School Construction Authority, up to 100,000 square feet of floor space within such public schools shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the total maximum floor area ratio of the zoning lot.

In Subdistrict A, the Chairperson of the City Planning Commission shall allow a 20 percent increase in the maximum permitted floor area ratio on zoning lots pursuant to the provisions of Section 145-41 (Special Approvals in Subdistrict A), upon certification to the Commissioner of the Department of Buildings that public realm improvements comprising an Entry Open Space, Western Open Space, Pierce Avenue Extension and supplementary open spaces as designated on Map 3 (Subdistrict A Site Plan) in the Appendix to this Chapter, are provided, Such floor area ratio increase and public realm improvements shall be subject to the rules and limitations of paragraph (a), the general requirements of paragraphs (b) and (c), application requirements of paragraph (d), and additional requirements of paragraph (e) of this Section.

1. Rules and limitations
   
   The following rules and limitations on bonus floor area and other bulk modifications shall apply:
   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; and
   2. for 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.
2. General requirements for publicly accessible open spaces
   
   ​​​​​​​Publicly accessible open spaces shall include the Entry Open Space, Western Open Space and supplementary open spaces, as designated on Map 3 in the Appendix to this Chapter.
   1. Location and minimum dimensions
      
      ​​​​​​​Publicly accessible open spaces shall be provided in the location designated on Map 3 in the Appendix. Such publicly accessible open spaces shall comprise:
      1. an Entry Open Space with a minimum area of at least 8,500 square feet and the minimum dimensions set forth on Map 3;
      2. a Western Open Space with a minimum area of at least 10,000 square feet and the minimum dimensions set forth on Map 3; and
      3. three supplementary open spaces with a minimum area of at least 4,800 square feet each, with minimum dimensions set forth on Map 3.
   2. Design requirements
      
      ​​​​​​​All publicly accessible open spaces shall comply with the following design provisions:
      1. seating shall be provided in accordance with the requirements of Section 37-741 (Seating);
      2. planting and trees shall be provided in accordance with the provisions of Section 37-742 (Planting and trees);
      3. an average maintained level of illumination of not less than one horizontal foot candle (lumens per foot) throughout all walkable areas, and a minimum level of illumination of not less than 0.2 horizontal foot candles (lumens per foot) throughout all other areas, shall be required;
      4. litter receptacles shall be provided in accordance with the standards of Section 37-744 (Litter receptacles);
      5. bicycle parking shall be provided in accordance with the standards of Section 37-745 (Bicycle parking);
      6. drinking fountains shall be provided pursuant to the standards set forth in Section 37-746 (Drinking fountains);
      7. additional amenities shall be provided and designed pursuant to the standards set forth in Section 37-748 (Additional amenities);
      8. permitted obstructions within such area shall be subject to the provisions of Section 37-726 (Permitted obstructions), and any kiosk or open air cafe provided shall meet the operational and service requirements listed in paragraphs (a) and (b) of Section 37-73 (Kiosks and Open Air Cafes);
      9. the provisions of Sections 37-722 (Level of plaza) and 37-728 (Standards of accessibility for persons with disabilities) shall apply to such area, and any steps provided shall be subject to the provisions of Section 37-725 (Steps); and
      10. entry plaques and information plaques shall be provided in accordance with the provisions of paragraphs (a) and (b) of Section 37-751 (Public space signage systems).
          
          ​​​​​​​Notwithstanding the foregoing, up to 50% of two of the publicly accessible open spaces, as designated on Map 3, may consist of playground space designed and equipped in a manner consistent with New York City Department of Parks and Recreation standards.
   3. Hours of public access
      
      Such publicly accessible open spaces shall be accessible to the public each day from 6:00 a.m. to 10:00 p.m.
3. General requirements for Pierce Avenue Extension
   
   The Pierce Avenue Extension shall be publicly accessible and constructed in accordance with the Department of Transportation Design Streets Manual and approved by the New York City Department of Transportation.
4. Application requirements
   
   ​​​​​​​An application under this Section shall be filed with the Chairperson of the City Planning Commission and such application shall include the following materials:
   1. a site plan indicating the area and dimensions of the publicly accessible open space, or portions thereof, and the location of all proposed developments subject to the application;
   2. a landscape plan, prepared by a registered landscape architect, for the publicly accessible open spaces; and
   3. for zoning lots undergoing phased development, a phasing plan shall be submitted to implement the public realm improvements. Such phasing plan shall set forth the amount and location of public realm improvements that will be provided at the time each phase is developed. The amount of improvements in any phase shall be proportionate to the lot area being developed in such phase, except where physical or programmatic constraints make it infeasible to provide such amount of improvements.
5. Additional requirements
   
   The owner(s) shall be responsible for the maintenance of the Pierce Avenue Extension and other required publicly accessible open spaces, including, but not limited to, litter control, management of pigeons and rodents, maintenance of required lighting levels, and the care and replacement of furnishings and vegetation.
   
   At the time of certification, a written declaration of restrictions, in a form acceptable to the Chairperson of the City Planning Commission, containing complete drawings of the improvements and setting forth the obligations of the owner, its successors and assigns, 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.
   
   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 improvements required for the phase associated with such bonus floor area have been substantially completed, as determined by the Chairperson, 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.

In conjunction with an application pursuant to Section 145-411 (Certification for public realm improvements in Subdistrict A), the City Planning Commission may, by authorization, allow the total floor area, lot coverage, dwelling units or rooming units permitted by the applicable district regulations for all zoning lots within Subdistrict A to be distributed without regard for zoning lot lines. Additionally, the Commission may modify other bulk regulations, other than floor area ratio.

All such modifications shall be subject to 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.

1. Conditions and limitations
   
   For zoning lots or portions thereof within 150 feet of Bronxdale Avenue, modifications to maximum permitted building height shall not apply.
   
   For zoning lots or portions thereof beyond 150 feet of Bronxdale Avenue, the maximum permitted building height may be modified provided that such modification does not result in an increase that exceeds 13 percent of the maximum building height, as set forth in paragraph (b) of Section 145-23 (Height and Setback Regulations).
2. 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.
3. Findings
   
   The Commission shall find that:
   1. such distribution of floor area, lot coverage, dwelling units, or rooming units will result in a better site plan, and will not:
      1. unduly increase the bulk of buildings to the detriment of the occupants of buildings in the block or nearby blocks; or
      2. adversely affect any other zoning lots outside of the Subdistrict, by restricting access to light and air; and
   2. modifications to other bulk regulations 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 will result in an improved distribution of bulk that is harmonious with the surrounding area.

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

The Chairperson of the City Planning Commission shall allow, by certification, a transfer of floor area from the Improvement Area located in Subarea B1, as shown on Map 4 (Subdistrict B, Morris Park Avenue Site Plan) in the Appendix to this Chapter, to a zoning lot fronting on Morris Park Avenue or other zoning lots on the block contiguous to the Improvement Area. Such certification for a transfer of floor area shall be subject to the conditions of paragraph (a), and application requirements of paragraph (b) of this Section.

For the purposes of this Section, the “granting site” shall mean the Improvement Area that transfers floor area pursuant to this Section, and a “receiving site” shall mean a zoning lot that receives additional floor area pursuant to this Section.

1. Conditions
   1. the maximum amount of floor area that may be transferred from the granting site shall equal the area designated on Map 4 multiplied by the maximum floor area ratios pursuant to the zoning district within Subdistrict B. Each transfer, once completed, shall irrevocably reduce the amount of floor area that may be transferred; and
   2. all certificates of occupancy have been surrendered for such granting site, and all structures on such granting site have been demolished.
2. Application requirements
   
   An application filed with the Chairperson for certification pursuant to this Section shall be made jointly by the owners of the granting site and the receiving site. Such application shall include site plans and zoning calculations for the granting site and receiving site showing the additional floor area associated with the transfer.
   
   Additionally, at the time of certification, the owners of the granting site and the receiving site shall submit to the Chairperson a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer. Notice of the restrictions upon further development or enlargement of the granting site and the receiving site shall be filed by the owners of the respective lots in the Office of the Register of the City of New York (County of New York). Proof of recordation shall be submitted to the Chairperson. Both the transfer instrument and the notices of restrictions shall specify the total amount of floor area transferred and shall specify, by block and lot numbers, the granting site and the receiving site that are a party to such transfer.
   
   The Chairperson shall certify to the Department of Buildings that a development or enlargement is in compliance with the provisions of this Section only after the transfer instrument and notice of restrictions required by this paragraph have been executed and recorded with proof of recordation provided to the Chairperson. Such certification shall be a precondition to the filing for or issuing of any building permit allowing more than the basic maximum floor area ratio for such development.
   
   No temporary certificate of occupancy shall be granted by the Department of Buildings for the portion of the building utilizing floor area associated with the transfer on the receiving site until the granting site has been conveyed to the City for improvement, as a street, as provided on the City Map.

A separate application shall be filed for each transfer of floor area to any receiving site pursuant to this Section.
 

For qualifying public realm improvement sites in Subarea B1, the City Planning Commission may authorize an increase in the maximum permitted floor area ratio, up to a maximum of 20 percent, where transit and public realm improvements are provided to enhance access, circulation and complementary open spaces between a future mass transit station and its surrounding area. All applications pursuant to this Section shall be subject to the rules and limitations set forth in paragraph (a), conditions set forth in paragraph (b), application requirements set forth in paragraph (c), findings set forth in paragraph (d), and additional requirements set forth in paragraph (e) of this Section.

1. Rules and limitations
   
   The following rules and limitations on bonus floor area and other bulk modifications shall apply:
   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; and
   2. for 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.
2. Conditions
   
   ​​​​​​​All applications shall include on-site or off-site improvements that will enhance access to and circulation between such mass transit station and its surrounding areas. Such improvements may consist of:
   1. accessibility or capacity-enhancing improvements to the mass transit station, 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 the mass transit station#; or
   2. publicly accessible open spaces, of ample size, for public use and enjoyment, at or around the mass transit station. Such improvements may include pedestrian plazas and other types of active or passive open spaces and shall be characteristic of best practices in plaza design, as set forth by the Department of Transportation.
3. Application requirements
   
   ​​​​​​​All applications shall include a site plan indicating the area and dimensions of the proposed improvements to the mass transit station or proposed publicly accessible open spaces. In addition, for applications involving accessibility or capacity-enhancing improvements to the mass transit station, the following shall be provided:
   1. Prior to submitting an application, the applicant shall submit a schematic or concept plan for the proposed improvement to the Metropolitan Transportation Authority 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 Metropolitan Transportation Authority to evaluate and determine the constructability of such proposed improvement.
   2. At the time of application referral, the Commission shall be provided with the following application materials:
      1. a letter from the Metropolitan Transportation Authority containing a conceptual approval of the improvement, including a statement of any considerations regarding the construction and operation of the improvement;
      2. all information and justification sufficient to provide the Commission with the basis for evaluating the benefits of such improvements to the general public; and
      3. initial plans for the maintenance of the proposed improvements.
4. Findings
   
   ​​​​​​​In order to grant such floor area bonus, the Commission shall find that:
   1. the public benefit derived from such improvements merits the amount of additional floor area being granted to the proposed development pursuant to the authorization;
   2. for accessibility or capacity-enhancing improvements for the mass transit station, 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. for publicly accessible open spaces, the proposed improvements will, to the extent practicable:
      1. consist of a prominent space of generous proportions and quality design that is inviting to the public, resulting in high-quality public space;
      2. provide comfortable places for resting, suitable amenities for occupants and opportunities for planting; and
      3. be designed in a manner that is cohesive and harmonious with the pedestrian circulation network.
5. Additional requirements
   
   ​​​​​​​For all applications, additional requirements set forth in this paragraph shall apply.
   1. For applications involving accessibility or capacity-enhancing improvements to the mass transit station the following requirements shall be met prior to the granting of such floor area bonus:
      1. To the extent required by the Metropolitan Transportation Authority, 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 Metropolitan Transportation Authority 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
      2. The City Planning Commission shall be provided with a final letter of approval from the Metropolitan Transportation Authority 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 improvements and setting forth the obligations of the owner, its successors and assigns, 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, 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.

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

In conjunction with an application pursuant to Section 145-422 (Authorization for qualifying public realm improvement sites), the City Planning Commission may, by authorization, modify bulk regulations, other than floor area ratio and maximum building height, 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.

1. 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.
2. Findings
   
   The Commission shall find that:
   1. such proposed modifications are necessary to accommodate the additional floor area granted pursuant to Section 145-422; and
   2. any modifications to bulk regulations 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 will result in an improved distribution of bulk that is harmonious with the surrounding area.

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