Chapter 5 - Special Eastchester – East Tremont Corridor District (ETC)

The City of New York
Eric Adams, Mayor
City Planning Commission
Daniel R. Garodnick, Chair

The “Special Eastchester – East Tremont Corridor District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

  1. to encourage the development of a mixed-use neighborhood around planned mass transit stations in Parkchester, Van Nest, and Morris Park;
  2. to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes;
  3. to support a variety of community facility and commercial uses and provide opportunities for the expansion of large academic, scientific and medical facilities in a manner that benefits the surrounding community;
  4. to establish walkable retail corridors in the neighborhood;
  5. to create a lively and attractive built environment that will provide daily amenities and services for the use and enjoyment of area residents, workers, and visitors;
  6. to coordinate development with planned mass transit stations and facilitate improved pedestrian access to such facilities; and
  7. to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.

The provisions of this Chapter shall apply within the Special Eastchester – East Tremont Corridor District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.

The regulations of this Chapter are designed to implement the Special Eastchester – East Tremont Corridor District Plan. The district plan includes the following maps in the Appendix to this Chapter:

Map 1.    Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas

Map 2.    Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements

Map 3.    Subdistrict A Site Plan

Map 4.    Subdistrict B, Subarea B1, Morris Park Avenue Site Plan

145-03

Subdistricts

In order to carry out the provisions of this Chapter, two subdistricts, Subdistrict A and Subdistrict B, are established. In Subdistrict B, Subarea B1 is established. The location and boundaries of these subdistricts and subarea are shown on Map 1 (Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas) in the Appendix to this Chapter.

145-04

Definitions

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), 66-11 (Definitions) and in this Section, except where explicitly stated otherwise in individual provisions in this Chapter.


Qualifying public realm improvement sites

For the purposes of this Chapter, “qualifying public realm improvement sites” shall refer to zoning lots in Subarea B1, as shown in Map 1 (Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas) in the Appendix, that have a lot area of 20,000 square feet or more.

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.

The use regulations of the underlying districts, or Article XII, Chapter 3 (Special Mixed Use District), shall apply, except as modified by the provisions of this Section, inclusive. 

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that:

  1. ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements) in the Appendix to this Chapter shall be considered Tier C street frontages; and
  2. remaining applicable frontages shall be considered Tier B street frontages.

The bulk regulations of the underlying districts shall apply except as modified by the provisions of this Section, inclusive. For the purposes of applying the provisions of this Section, inclusive, the bulk regulations for residential portions of buildings in Commercial Districts are modified as follows:

  1. In C4-3 Districts, the applicable residential equivalent shall be  an R6-1 District, as modified by the provisions of this Section, inclusive, shall apply; and
  2. In C4-4 Districts within Subdistrict B, the applicable residential equivalent shall be an R7-3 District, without a letter suffix, shall apply.

The floor area regulations of the underlying districts shall apply, except as modified by the provisions of this Section, inclusive.

  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.

The yard regulations of the underlying districts shall apply except that in C8-2 Districts, no rear yard regulations shall apply to any zoning lot abutting a railroad or transit right-of-way.

In all districts, except in C8-2 Districts, all developments and enlargements shall comply with the height and setback provisions of this Section.

  1. Street wall location rules

    For zoning lots, or portions thereof, along streets, or portions thereof, designated on Map 2 (Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements) in the Appendix to this Chapter, the street wall location provisions applicable to a C2 District mapped within an R7A District, as set forth in Section 35-651 (Street wall location), shall apply. For the purposes of applying such regulations, the minimum base height a street wall shall rise to, without setback, shall be set forth in paragraph (b) of this Section.

    Along other streets, no street wall location rules shall apply.
    1. Maximum base and building heights

      The table in this Section sets forth the maximum base height, the maximum height of a building or other structure, and the maximum number of stories for buildings, or portions thereof. For the purposes of this Section, in a Commercial District, the applicable height and setback provisions are the regulations for the Residence District within which such Commercial District is mapped, the equivalent Residence District, or the designated Residence District where such district is paired with an M1 District with an A suffix.

      A setback is required for all portions of buildings or other structures that exceed the maximum base height specified for the district and shall be provided at a height not lower than the minimum base height or higher than the permitted maximum base height. Such setback shall have a depth of at least 10 feet from any street wall fronting on a wide street, and a depth of at least 15 feet from any street wall fronting on a narrow street. The underlying provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

      BASE HEIGHTS, MAXIMUM BUILDING HEIGHTS AND MAXIMUM NUMBER OF STORIES
       
      District Minimum base height (in feet) Maximum base height (in feet) Maximum height of buildings or other structures (in feet) Maximum number of stories
      R6A 40 65 95 9
      R6-1 40 65 125 12
      R7-2 40 85 155 15
      R7-3 60 95 185 18
      R8X 60 105 175 17
      R8 60 105 215 21
  2. Modifications in certain areas

    In Subdistrict B and in other areas, the provisions of paragraphs (a) and (b) of this Section shall be modified as follows:
    1. Modifications in Subdistrict B
      1. In Subdistrict B, the maximum base and building height provisions of an R8 District without a letter suffix, as set forth in paragraph (b) of this Section, shall apply.
      2. In Subarea B1, portions of buildings or other structures located adjacent to an open space, as designated on Map 4 (Subdistrict B, Morris Park Avenue Site Plan) in the Appendix to this Chapter, may rise without setback, provided that such open space has a minimum depth of 30 feet from the point of intersection of two street lines. For the purposes of applying the street wall location rules of paragraph (a) of this Section, the interior boundary of such publicly accessible area shall be considered a street line.
    2. Modifications in other areas

      In C2 Districts mapped within R8 Districts without a letter suffix, for zoning lots with a street frontage of at least 200 feet along East Tremont Avenue, the maximum building height set forth in paragraph (b) of this Section shall be increased by 20 feet, and the maximum number of stories shall be increased by two.
  3. Dormers

    For all buildings, dormers shall be a permitted obstruction in a required setback, and may be provided in accordance with the provisions of paragraph (c) of Section 23-623. However, as an alternative to such provisions, 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.
     

All required or permitted accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days of a written request for such space made to the landlord.

For the purposes of applying the provisions of Section 36-60 (OFF-STREET LOADING REGULATIONS), the accessory off-street loading berth requirements of C4-4 Districts shall apply in all Commercial Districts.

In Subdistrict A, a floor area bonus for public realm improvements shall be granted pursuant to the provisions of Section 145-41 (Special Approvals in Subdistrict A).

In portions of Subdistrict B, special approvals for a transfer of floor area or floor area bonus for public realm improvements may be granted pursuant to the provisions of Section 145-42 (Special Approvals in Subdistrict B).

In Subdistrict A, the Chairperson of the City Planning Commission shall allow, by certification, a floor area bonus where public realm improvements, pursuant to Section 145-411 (Certification for public realm improvements in Subdistrict A), are provided on a single zoning lot or on two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or street intersection, and:

  1. has or will have an area of at least 1.5 acres; and
  2. has or will be developed or enlarged as a unit under single fee ownership or alternate ownership arrangements as set forth in the definition of zoning lot

In conjunction with such floor area bonus, the Commission may authorize the modification of bulk regulations, other than floor area ratio, pursuant to Section 145-412 (Authorization for additional modifications in Subdistrict A).
 

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.

For certain portions of Subarea B1, a transfer of floor area from a granting site to a receiving site shall be allowed by certification of the Chairperson of the City Planning Commission, pursuant to Section 145-421 (Certification for transfer of floor area).

For qualifying public realm improvement sites in Subarea B1, the Commission may grant, by authorization, a floor area bonus for transit and station area improvements pursuant to Section 145-422 (Authorization for qualifying public realm improvement sites). In conjunction with such floor area bonus, the Commission may authorize bulk modifications, other than modifications to the floor area ratio, pursuant to Section 145-423 (Authorization for additional modifications on qualifying public realm improvement sites).
 

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.

Appendix

Special Eastchester – East Tremont Corridor District Plan

Map 1.    Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas

Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas per Bx Metro North text amendment (N 240016 ZRX), adopted 15 August, 2024

Map 2.    Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements

Designated Street Frontages for Ground Floor Level and Street Wall Continuity per Bx Metro North text amendment (N 240016 ZRX), adopted 15 August, 2024 Requirements

Map 3.    Subdistrict A Site Plan

Subdistrict A Site Plan per Bx Metro North text amendment (N 240016 ZRX), adopted 15 August, 2024

Map 4.    Subdistrict B, Subarea B1, Morris Park Avenue Site Plan

Subdistrict B, Subarea B1, Morris Park Avenue Site Plan per Bx Metro North text amendment (N 240016 ZRX), adopted 15 August, 2024
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