98-30 High Line Transfer Corridor
The High Line Transfer Corridor, established within the Special West Chelsea District, is intended to enable the transfer of development rights from properties over which and immediately to the west of where the High Line passes and thereby permit light and air to penetrate to the High Line and preserve and create view corridors from the High Line bed.
In the Special West Chelsea District, a "granting site" shall mean a zoning lot, or portion thereof, in the High Line Transfer Corridor. A "receiving site" shall mean a zoning lot, or portion thereof, in any subarea other than Subareas F, H and J. Floor area from a granting site may be transferred to a receiving site in accordance with the provisions of this Section.
Prior to any transfer of floor area, the Department of City Planning shall be notified in writing of such intent to transfer floor area. Such notification shall be made jointly by the owners of the granting and receiving sites and shall include:
(1) floor area zoning calculations for the granting andreceiving site;
(2) a copy of the distribution instrument legally sufficient in both form and content to effect such a distribution; and
(3) if applicable, a certified copy of the instrument creating a secondary High Line access easement volume, pursuant to the provisions of Section 98-63.
Notices of restrictions in a form acceptable to the Department of City Planning shall be filed by the owners of the granting and receiving sites in the Office of the Register of the City of New York, indexed against the granting and receiving sites, certified copies of which shall be submitted to the Department of City Planning. Notice by the Department of City Planning of its receipt of certified copies thereof shall be a pre-condition to issuance by the Commissioner of Buildings of any building permit for any development or enlargement on the receiving site.
(b) Floor area
The maximum amount of floor area transferred from a granting site located outside of a subarea shall not exceed the maximum floor area ratio permitted for a commercial or residential use on such granting site as of June 10, 2015, whichever is greater, less any existing floor area to remain on such granting site.
The maximum amount of floor area transferred from a granting site located in a subarea shall not exceed the basic maximum floor area ratio specified for the applicable subarea in the table in Section 98-22 (Maximum Floor Area Ratio and Lot Area in Subareas), less any existing floor area to remain on such granting site.
Each transfer, once completed, shall irrevocably reduce the amount of floor area that may be transferred from the granting site by the amount of floor area transferred.
The amount of floor area transferred to a receiving site from a granting site in the High Line Transfer Corridor shall not exceed the floor area ratio permitted on the receiving site through such transfer, pursuant to the table in Section 98-22.
Floor area transferred from a granting site within the High Line Transfer Corridor may be used for any use allowed on the receiving site in accordance with the underlying zoning designation and the provisions of this Chapter.
(d) Stairway easement requirement
As a condition for the transfer of floor area, an easement volume to facilitate pedestrian access to the High Line via stairway shall be provided in accordance with the provisions of Sections 98-60 (SPECIAL REGULATIONS FOR CERTAIN ZONING LOTS)and 98-63 (Recording of High Line Access Easement Volume).
(e) Restrictive declaration
As a condition for the transfer of floor area, and in order to assure that the City's interest in the restoration and reuse of theHigh Line as an accessible public open space is protected,adeclaration of restrictions, executed by all "parties in interest" of the granting lot as defined in paragraph (f)(4) of the definition of zoning lot under Section 12-10 (DEFINITIONS), and including and incorporating such other instruments as are necessary to accomplish such purposes, as determined by the Department of City Planning in consultation with the Office of the Corporation Counsel, shall be filed and recorded in the Office of the Register of the City of New York. Notice by the Department of City Planning of receipt of certified copies of such recorded declaration shall be a precondition to issuance by the Commissioner of Buildings of any building permit, including any foundation or alteration permit, for any development or enlargement on the receiving site. Such recorded declaration shall be in addition to the Notice of Restrictions required pursuant to paragraph (a) of this Section.
Any zoning lot within the High Line Transfer Corridor that has transferred floor area pursuant to Section 98-33 (Transfer of Development Rights From the High Line Transfer Corridor), and is 50 percent or more vacant shall be screened from the street and/or landscaped in accordance with the provisions of this Section, except that zoning lots occupied by buildings that extend along at least 85 percent of the street frontage of the zoning lot and are located within five feet of the street line are not required to provide screening or landscaping.
Such open or vacant areas on zoning lots shall be screened from the street by a fence or gate with a surface that is at least 75 percent open, extending not less than six feet and not higher than eight feet above finished grade; or alternatively, by a planting strip at least four feet wide and densely planted with evergreen shrubs at least four feet high at the time of planting or of a variety expected to reach a height of six feet within three years, or by both. Chain link and fences containing barbed wire or razor wire shall be prohibited. For portions of zoning lots located beneath the High Line, planting strips shall be prohibited.
For zoning lots, or portions thereof, within the High Line Transfer Corridor, the applicable basic maximum floor area ratio of that portion of a zoning lot that is within the High Line Transfer Corridor may be increased up to a maximum of 1.0, for an amount of floor area equivalent to the area of that portion of the zoning lot located within the High Line Transfer Corridor, provided the Chairperson of the City Planning Commission has certified that:
(a) all the permitted floor area on that portion of the zoning lot that is within the High Line Transfer Corridorhas been transferred to an eligible receiving site, in accordance with the provisions of Section 98-33;
(b) that such granting site is vacant; and
(c) a contribution has been deposited into the High Line Improvement Fund established under Section 98-25, to be used at the direction of the Chairperson to assure that the High Line is restored and reused as a publicly accessible open space.
No building permit for any development or enlargement that anticipates using such increased floor area may be issued unless and until such certification has been made.
Such contribution amount shall be $50.00 per square foot of floor area as of June 23, 2005, and shall be adjusted August 1 of each subsequent year, by the City or its designee, based on the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics.
Such bonus floor area shall only be used for a permitted commercial use, which shall be located in that portion of the zoning lot that is within the High Line Transfer Corridor; however, public parking lots and public parking garages at or above curb level shall not be permitted; and the height of any development or enlargement within the High Line Transfer Corridor shall not exceed a height of 3 feet, 6 inches above the level of the High Line bed.