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.