93-131 Certification for Office Use
The provisions of this Section shall apply to all developments or enlargements in the Hudson Yards Redevelopment Area, with the exception of Subdistrict F.
(a) No temporary certificate of occupancy from the Department of Buildings may be issued for any portion of a development or enlargement in the Hudson Yards Redevelopment Area that includes Use Group 6B offices developed or enlarged after January 19, 2005, until the Chairperson of the Department of City Planning certifies to the Commissioner of Buildings that:
(1) such development or enlargement does not utilize any floor area increases pursuant to Sections 23-154 (Inclusionary Housing) or 96-25 (Floor Area Bonus for New Theater Use); or
(2) such development or enlargement utilizes floor area increases pursuant to Sections 23-154, 93-30 (SPECIAL FLOOR AREA REGULATIONS), inclusive, or 96-25, and will not result in a total amount of Use Group 6B office floor area developed or enlarged after January 19, 2005, within the Hudson Yards Redevelopment Area of over 20 million square feet.
All developments or enlargements so certified shall be permitted in accordance with the provisions of this Chapter, or the provisions of the Special Clinton District or the Special Garment Center District, as applicable.
(b) Where the Chairperson of the Department of City Planning determines that the amount of office floor area in any development or enlargement will result in a total amount of Use Group 6B office floor area developed or enlarged after January 19, 2005, within the Hudson Yards Redevelopment Area of over 20 million square feet, no building permit from the Department of Buildings shall be issued for any development or enlargement that includes Use Group 6B offices constructed after January 19, 2005, until the Chairperson certifies to the Commissioner of Buildings that:
(1) such development or enlargement does not utilize any floor area increases pursuant to Sections 23-154, 93-30, inclusive, or 96-25; or
(2) such development or enlargement utilizes floor area increases pursuant to Sections 23-154, 93-30, inclusive, or 96-25, and will not result in a total amount of Use Group 6B office floor area developed or enlarged after January 19, 2005, within the Hudson Yards Redevelopment Area of over 25 million square feet.
All developments or enlargements so certified shall be permitted in accordance with the provisions of this Chapter, or the provisions of the Special Clinton District or the Special Garment Center District, as applicable.
However, if such developments or enlargements fail to comply with the provisions of Section 11-331 with respect to completion of foundations within one year of the date of certification pursuant to this Section, such building permit shall lapse, and any new building permit will require a new Chairperson's certification pursuant to this Section.
(c) Where the Chairperson of the Department of City Planning determines that the amount of office floor area in any development or enlargement will result in a total amount of Use Group 6B office floor area developed or enlarged after January 19, 2005, within the Hudson Yards Redevelopment Area of over 25 million square feet, and where such development or enlargement utilizes floor area increases pursuant to Sections 23-154, 93-30, inclusive, or 96-25, such development or enlargement shall be permitted only upon authorization of the City Planning Commission pursuant to Section 93-132.
However, no such authorization shall be required for developments or enlargements utilizing the Inclusionary Housing Program within the area bounded by West 35th Street, Eighth Avenue, West 33rd Street, and a line 100 feet east of and parallel to Ninth Avenue, or in the 42nd Street Perimeter Area of the Special Clinton District, where the total floor area ratio for such developments or enlargements does not exceed 12.0.