Hudson Yards parking regulations applicability area

The “Hudson Yards parking regulations applicability area” is comprised of Subdistricts A, B, C, D and E of the Special Hudson Yards District, the 42nd Street Perimeter Area of the Special Clinton District and Subdistrict A-2 of the Special Garment Center District

Hudson Yards development parking supply

The “Hudson Yards development parking supply” shall be the aggregate number of off-street parking spaces in accessory individual or group parking facilities, public parking lots and public parking garages in the Hudson Yards parking regulations applicability area:

(a)        that have been constructed, pursuant to the as-of-right regulations in effect subsequent to January 19, 2005, and before April 14, 2010, to the extent that such spaces satisfy the ratios of Section 93-821;

(b)        that have been constructed, pursuant to a City Planning Commission special permit approved subsequent to January 19, 2005, and before April 14, 2010;

(c)        for which the Chairperson has issued a certification, pursuant to Section 93-821, paragraph (e); and

(d)        that have been approved by Board of Standards and Appeals variance, pursuant to Section 72-21 , to the extent that such spaces satisfy the ratios of Section 93-821.

However, all off-street parking on Site 1, as shown on the map of the Special 42nd Street Perimeter Area in Appendix A of the Special Clinton District (Article IX, Chapter 6), shall be counted toward the Hudson Yards development parking supply.

For purposes of this definition, “constructed” shall include any off-street parking spaces in accessory or group parking facilities, public parking garages or public parking lots, where such accessory or group parking facilities, public parking garages or public parking lots were completed on April 14, 2010, under construction on such date with the right to continue construction pursuant to Section 11-331 or granted a City Planning Commission special permit after January 19, 2005, where such permit had not lapsed as of April 14, 2010.

Public parking

“Public parking” shall be off-street parking that is open to the public during the business day for hourly, daily or other time-defined rental of parking spaces, for which a fee is charged.

Reservoir deficit

The “reservoir deficit” shall be the amount by which the reservoir surplus is less than zero.

Reservoir parking supply

The “reservoir parking supply” shall be the sum of:

(a)        all off-street parking spaces lawfully operating as of May 27, 2009, in the Hudson Yards parking regulations applicability area as public parking; and

(b)        any off-street parking spaces for which a valid building permit had been issued, as of May 27, 2009, and which have been constructed before April 14, 2010.

However, any off-street parking space that satisfies the definition of the Hudson Yards development parking supply in this Section shall not be counted as part of the reservoir parking supply.

For purposes of this definition, “constructed” shall include any off-street parking spaces in accessory individual or group parking facilities, public parking garages or public parking lots, where such accessory or group parking facilities, public parking garages or public parking lots were either completed on April 14, 2010, or under construction on such date with the right to continue construction pursuant to Section 11-331.

Reservoir surplus

The initial reservoir surplus shall be 3,600 off-street parking spaces. The “reservoir surplus” shall be increased by:

(a)        the aggregate number of off-street parking spaces in the reservoir parking supply for which a building permit has been issued, pursuant to the as-of-right regulations in effect subsequent to January 19, 2005, and before April 14, 2010;

(b)        the number of off-street parking spaces in the Hudson Yards parking regulations applicability area above the ratios permitted in Section 93-821, either certified by the Chairperson pursuant to Section 93-822, paragraph (c), or by City Planning Commission special permit, pursuant to Section 93-823; and

(c)        the number of off-street parking spaces lawfully added in the Hudson Yards parking regulations applicability area, other than those permitted pursuant to Section 93-80, inclusive, except for any increase by Board of Standards and Appeals variance that is counted as part of the Hudson Yards development parking supply;

The reservoir surplus shall be decreased by:

(a)        the aggregate number of parking spaces counted at any time in the reservoir parking supply, that subsequently are:

(1)        reduced through modification or discontinuance of the applicable Department of Consumer Affairs license or certificate of occupancy or otherwise cease operation permanently; or

(2)        not constructed in accordance with the applicable building permit, as reflected in a modification of such building permit or the issuance of a certificate of occupancy for a reduced number of spaces; or

(b)        the issuance of a certificate of occupancy for a development or enlargement providing a smaller number of spaces than allowed, pursuant to Section 93-821, to the extent of the difference between the number of accessory off-street parking spaces allowed, and the number provided. However, this paragraph shall not apply to Sites 2, 3, 4 and 5, as shown on Map 6 of Appendix A, and shall apply to no more than 200 accessory off-street parking spaces on Site 6 as shown on Map 6.

Substantial construction

“Substantial construction” shall mean the substantial enclosing and glazing of a new building or of the enlarged portion of an existing building.