The provisions of this Chapter shall apply to transit-adjacent sites or qualifying transit improvement sites, as follows:

(a)        For transit-adjacent sites

(1)        The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), inclusive, shall apply to all developments or enlargements on the lowest story of a building on primary transit-adjacent sites.

(2)        The provisions of Section 66-30 (SPECIAL PROVISIONS FOR SECONDARY TRANSIT-ADJACENT SITES), inclusive, include optional provisions available to developments and enlargements on secondary transit-adjacent sites, conversions on transit-adjacent sites.

(3)        The provisions of Section 66-40 (CONSTRUCTION, MAINTENANCE AND ADDITIONAL PROVISIONS), inclusive, shall apply to all transit-adjacent sites providing an easement volume pursuant to Section 66-20 or Section 66-30.

(b)        For qualifying transit improvement sites

The provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements) shall be optional for qualifying transit improvement sites.

The provisions of this Chapter shall not apply as follows:

(a)        The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES) and Section 66-30 (SPECIAL PROVISIONS FOR SECONDARY TRANSIT-ADJACENT SITES), shall not apply to the following areas within Special Purpose District:

(1)        all subdistricts except 34th Street Corridor Subdistrict C and South of Port Authority Subdistrict E within Special Hudson Yards District;

(2)        qualifying sites in the East Midtown Subdistrict within Special Midtown District, as defined in Section 81-613 (Definitions); or

(3)        the Special Transit Land Use District.

(b)        The provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements) shall not apply:

(1)        to the following areas within Special Purpose Districts:

(i)        all subdistricts except 34th Street Corridor Subdistrict C and South of Port Authority Subdistrict E within Special Hudson Yards District;

(ii)        the Court Square Subdistrict within Special Long Island Mixed Use District; or

(iii)        qualifying sites in the East Midtown Subdistrict within the Special Midtown District, as defined in Section 81-613 (Definitions); or

(2)        to the 34th Street - Hudson Yards Station.

The provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) regarding the right to continue construction shall apply. In addition, the following special vesting provisions shall apply:

(a)        Inapplicability of easement provisions for vested sites and previously approved easements

The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), shall not apply to:

(1)        developments or enlargements on the lowest story of a building on zoning lots with an easement created pursuant to the provisions of this Resolution on or before October 7, 2021, where such easement is providing transit station access infrastructure or ancillary facilities; or

(2)        developments or enlargements on the lowest story of a building if, on or before October 7, 2021:

(i)        an application has been filed with the Department of Buildings, and if, on or before October 7, 2021, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development or enlargement. The application may be revised and retain vested status, provided that the lot coverage for the development or enlargement is not increased beyond the amount described in the approved application;

(ii)        an application for a special permit or variance has either been approved or is pending before the Board of Standards and Appeals;

(iii)        an authorization or special permit from the City Planning Commission has either been approved, certified or referred; or

(iv)        an application for a Certificate of Appropriateness or other permits has either been approved or is pending before the Landmarks Preservation Commission.

Subsequent to October 7, 2021, such applications for developments or enlargements may be continued, and, if approved, construction may be started or continued pursuant to the provisions in effect prior to October 7, 2021.

(b)        Applicability of bonus provisions to previously filed special permits applications

If, before October 7, 2021, an application for a special permit for a floor area bonus for subway station improvements has been referred for public review by the City Planning Commission pursuant to Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan), as such Section existed prior to October 7, 2021, such application may continue pursuant to the regulations in effect at the time such special permit was referred for public review by the Commission. Such special permit, if granted by the Commission, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such special permit was referred by the Commission.

Any space within an easement volume may be temporarily allocated to the following uses until such time as the space is needed by the transit agency:

1. in all districts, uses listed under Use Group III(B), as permitted by the underlying district;
2. in Residence Districts, uses listed under Use Group VI; or
3. in Commercial and Manufacturing Districts, any commercial or manufacturing use allowed by the underlying district.

The floor space allocated to such temporary uses within the easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating accessory off-street parking, bicycle parking, or loading berths.

Improvements to, or construction of a temporary nature within the easement volume for such temporary uses shall be removed by the owner of the building or portion of the zoning lot within which the easement volume is located prior to the time at which public use of the easement area is needed, except as otherwise specified by the transit agency. A minimum notice of 12 months shall be given, in writing, by the transit agency to the owner of the building or portion of the zoning lot to vacate the easement volume.

In all Residence Districts, uses listed under Use Group VI shall be permitted within a distance of 30 feet from the outermost edge of the easement volume:

1. at the ground floor level of a building on a zoning lots with an easement volume serving an at- or below-grade mass transit station, or
2. at the two lowest stories of a building on a zoning lot with an easement volume serving an above-grade mass transit station.

Such uses may be permitted so long as that in buildings that include residential uses, such uses are located in a portion of the building that has separate access to the outside with no opening of any kind to the residential portion of the building, and that such uses are not located directly over any story containing dwelling units.

The floor area modifications of this Section shall apply as follows:

(a)        Floor area exemption

The floor space contained within any easement volume shall be excluded from the definition of floor area.

(b)        Commercial floor area in Residence Districts

Where special use allowances pursuant to paragraph (a) of Section 66-222 (Special use allowances around easement volumes) are permitted in Residence Districts, the maximum permitted commercial floor area shall be equivalent to the area permitted for commercial uses pursuant to such Section.

The open space, lot coverage and yard modifications of this Section shall apply as follows.

(a)        Permitted obstructions

(1)        Easement volumes in all zoning districts

Any portion of an easement volume shall be considered a permitted obstruction within a required open space, yards, rear yard equivalent, or court pursuant to the regulations of this Resolution. Any easement volume, including any use or structure therein, shall be located at least 30 feet from any legally required window at the same level on the zoning lot.

(2)        Non-residential uses in Commercial or Manufacturing Districts

Any building or portion of a building used for any permitted commercial or community facility uses, up to two stories, excluding basements, or 30 feet above curb level, whichever is less, shall be considered a permitted obstruction in any rear yard or rear yard equivalent of a zoning lot with an easement volume serving an above-grade mass transit station. Any portion of a building containing residences or rooms used for living or sleeping purposes (other than a room in a hospital used for the care or treatment of patients, or joint living-work quarters for artists) shall not be a permitted obstruction.

(b)        Special open space modifications in certain districts

In R5D Districts and Commercial Districts mapped within or with a residential equivalent of an R5 or R5D Districts, the provisions of paragraph (g) of Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) shall not apply.

(c)        Special lot coverage modifications in certain districts

The underlying lot coverage provisions shall apply except as modified pursuant to this paragraph.

(1)        Any easement volume, or portion thereof, that is open to the sky shall not be included in lot coverage.

(2)        In R5D Districts and Commercial Districts mapped within or with a residential equivalent of an R5 or R5D Districts, the maximum residential lot coverage for interior lots or through lots shall be 65 percent, and the maximum residential lot coverage for corner lots shall be 85 percent. Such provisions shall also apply to buildings utilizing the optional provisions for a predominantly built-up area.

(3)        In R6 and R7 Districts, for Quality Housing buildings, the maximum residential lot coverage for interior lots and through lots shall be 70 percent.

The street wall modifications of this Section shall apply to districts with street wall requirements.

1. Street wall location where an easement volume is provided
   
   The applicable street wall location provisions shall be modified pursuant to this paragraph.
   1. For all zoning lots, any portion of the easement volume facing the street, as well as any portion of a building behind or above such easement volume shall not be subject to street wall location provisions along the street frontage the easement volume is located.
   2. Where an easement volume is located wholly beyond 50 feet of the intersection of two street lines, street walls within 15 feet of an easement volume, as measured along the street line may be recessed, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court. However, on corner lots, where an easement volume is placed partially or wholly within 50 feet of the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and lines drawn perpendicular to such street lines within 15 feet from the edges of such easement volume. For corner lots with an angle of 75 degrees or less, such distance may be increased to 20 feet.
2. Street wall location where a clear path is provided
   
   Where a clear path is provided, the interior boundary of such clear path shall be considered a street line for the purposes of applying the applicable street wall location requirements.

The height and setback modifications of this Section shall apply as follows:

1. Permitted obstructions
   1. Easement volumes
      
      Any portion of an easement volume shall be considered a permitted obstruction within a required setback or above any maximum base height, maximum building height, or sky exposure plane set forth in height and setback regulations of this Resolution. Any easement volume, including any use or structure therein, shall be located at least 30 feet from any legally required window at the same level on the zoning lot.
   2. Dormers
      
      For Quality Housing buildings, as an alternative to the provisions of paragraph (c) of Section 23-623, dormers may be a permitted obstruction within a required front setback distance above a maximum base height, provided that the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the street wall of the highest story entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases. For the purposes of this paragraph, the width of the street wall shall be determined pursuant to the provisions of paragraph (a) of Section 66-233 (Special street wall modifications).
2. Special height and setback provisions for R5 Districts
   
   The requirements of Section 23-63 (Height and Setback Requirements in R1 Through R5 Districts) shall be modified for the portions of a building used for residential use, as follows:
   1. In Commercial Districts mapped within, or with a residential equivalent of an R5 District, the maximum height of a street wall before setback shall be 35 feet. Above such height, a setback of 10 feet shall be provided, and the maximum building height shall be 45 feet. Such provisions shall also apply to buildings utilizing the optional provisions for a predominantly built-up area; and
   2. In R5D Districts or Commercial Districts mapped within, or with a residential equivalent of an R5D District, the maximum building height shall be increased by 10 feet or one story, whichever is less.
3. Special height provisions for R6 through R10 Districts and certain Commercial and M1 Districts
   
   In R6 through R10 Districts, Commercial Districts mapped within or with a residential equivalent of such districts, C7 Districts, M1 Districts paired with R6 through R10 Districts, M1-6 Districts, and Manufacturing Districts with an A suffix, where maximum building height limitations apply, the maximum building height shall be increased by 10 feet, or one story, whichever is less.
   
   However, for zoning lots with an easement volume serving an above-grade mass transit station in R7 through R10 Districts, Commercial Districts mapped within or with a residential equivalent of such districts, C7 Districts, M1 Districts paired with R7 through R10 Districts, M1-6 Districts, and Manufacturing Districts with an A suffix, the maximum building height  shall be increased by 20 feet or two stories, whichever is less.

An easement volume shall be excluded from any ground floor level requirements of this Resolution, including, but not limited to, the location of such ground floor in relation to the adjoining sidewalk level, the height of a qualifying ground floor, restrictions of types of use, the minimum depth for certain uses, maximum width for certain uses, minimum transparency requirement, and parking wrap and screening requirements.

(a)        Planting requirements for R5D Districts

In R5D Districts, planting requirements shall be modified as follows:

(1)        The easement volume shall be discounted from the area of a front yard for the purposes of applying the planting requirement of Section 23-451 (Planting requirement); and

(2)        Where planting strips are required along the entire length of the curb of the street pursuant to Section 26-42 (Planting Strips), such planting strips may be interrupted by utilities or paved areas providing public access to an easement volume.

(b)        Planting requirements for Quality Housing buildings

For Quality Housing buildings, the area of the zoning lot between the street line and the easement volume shall be exempt from the planting requirements of Section 28-23 (Planting Areas).

For developments or enlargements located on qualifying transit improvement sites the City Planning Commission may grant, by authorization, an increase in the maximum permitted floor area ratio, up to a maximum of 20 percent or 200,000 square feet of floor area, whichever is less, where a major improvement to a mass transit station is provided.

The provisions of Section 66-513 (Additional rules and limitations, conditions, findings and requirements) shall apply to all developments or enlargements utilizing the provisions of this Section. Additional rules and limitations on bonus floor area are set forth in paragraph (a), conditions associated with the improvement to a mass transit station are set forth in paragraph (b), application requirements are set forth in paragraph (c), the findings that must be met in order for the Commission to grant the authorization, are set forth in paragraph (d), and additional requirements for all applications are set forth in paragraph (e).

The Commission may prescribe additional appropriate conditions and safeguards to enhance the character of the surrounding area.

For developments or enlargements located on qualifying transit improvement sites the City Planning Commission may grant, by special permit, an increase in the maximum permitted floor area ratio, up to a maximum of 20 percent, without limitation on overall square footage, where a major improvement to a mass transit station is provided.

The provisions of Section 66-513 (Additional rules and limitations, conditions, findings and requirements) shall apply to all developments or enlargements utilizing the provisions of this Section. Additional rules and limitations on bonus floor area are set forth in paragraph (a), conditions associated with the improvement to a mass transit station are set forth in paragraph (b), application requirements are set forth in paragraph (c), the findings that must be met in order for the Commission to grant the special permit, are set forth in paragraph (d), and additional requirements for all applications are set forth in paragraph (e).

The Commission may prescribe additional appropriate conditions and safeguards to enhance the character of the surrounding area.

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.

For transit-adjacent sites or qualifying transit improvement sites, the City Planning Commission may authorize the modification of applicable regulations of this Resolution, other than floor area ratio, including the other modifications set forth within this Chapter, provided that the Commission determines that 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 are met.

(a)        Conditions and limitations

Where maximum building height limitations apply, modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height as set forth in applicable district regulations. Any additional height permitted pursuant to Section 66-234 (Special height and setback modifications) shall not be included in such percentage increase but may be applied in addition to the resulting building height limits.

(b)        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.

(c)        Findings

The Commission shall find that:

(1)        such proposed modifications are the minimum extent necessary to:

(i)        reasonably accommodate an easement volume, including any associated access thereto; or

(ii)        where improvements to mass transit stations are provided, reasonably accommodate the additional floor area granted pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements);

(2)        any modifications to use regulations will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area;

(3)        any modifications to bulk regulations will not unduly obstruct access of light and air to surrounding streets and properties; and

(4)        any modifications to accessory off-street parking or loading regulations will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow.

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

For transit-adjacent sites or qualifying transit improvement sites, the City Planning Commission may grant, by special permit, the modification of applicable regulations of this Resolution, other than floor area ratio, including the other modifications set forth within this Chapter, 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.

(a)        Application requirements

Applications for a special permit 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.

(b)        Findings

The Commission shall find that:

(1)        such proposed modifications are necessary

(i)        to facilitate an easement volume, including any associated access thereto; or

(ii)        where improvements to mass transit stations are provided, to accommodate the additional floor area granted pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements);

(2)        any modifications to use regulations will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area;

(3)        any modifications to bulk regulations:

(i)        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

(ii)        will result in an improved distribution of bulk on the zoning lot that is harmonious with the surrounding area; and

(4)        any modifications to accessory off-street parking or loading regulations will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow.

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