93-70 Public Access Requirements for Special Sites

Public access shall be provided for special sites as specified in this Section, inclusive. In the event of a conflict between the provisions of this Section, inclusive, and any underlying regulation, the provisions of this Section shall govern.

No building permit shall be issued for any development or enlargement on such sites other than for an ERY Culture, Festival and Exhibit Facility until the Chairperson of the City Planning Commission certifies to the Department of Buildings that the provisions of this Section have been met.

An application for such certification shall be filed with the Chairperson showing the plan of the zoning lot; a site plan indicating the area and dimensions of all required public access areas and the location of all proposed buildings, and a detailed plan or plans demonstrating compliance with the provisions of this Section. For certifications relating to the ERY High Line and, if applicable, the Tenth Avenue Spur, the requirements set forth in paragraph (h) of Section 93-71, shall apply.For certifications relating to 450 West 33rd Street, the requirements set forth in Section 93-722 shall apply. For certifications relating to the Ninth Avenue Rail Yard, the requirements set forth in Section 93-732 shall apply.

Plans for public access areas shall be set forth in an instrument in a form acceptable to the City, and setting forth such provisions as necessary to ensure compliance with the provisions of this Section. Such instrument shall be filed and duly recorded in the Borough Office of the City Register of the City of New York and indexed against the property. Such filing and recording of the instrument shall be a precondition for the Chairperson's certification under this Section. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date.  

The Chairperson shall allow for the phased development of public access areas upon certification to the Commissioner of Buildings that a plan has been submitted that provides for the completion of any public access area that is integral to the development of a building or buildings within each phase. The completion of the Cultural Facility Plaza shall be deemed integral only to an ERY Culture, Festival and Exhibit Facility and to no other use or development in the Eastern Rail Yard Subarea A1. Where the public use and enjoyment of a public access area is contingent upon development on an adjacent zoning lot that has not yet occurred, the Chairperson may allow for the future development of such public access area at the time that the adjacent zoning lot is developed.For the Eastern Rail Yard Subarea A1, such phased development plan may provide for the outdoor plaza described in paragraph (b) of Section 93-71 to be constructed in phases. For 450 West 33rd Street and the Ninth Avenue Rail Yard, such phased development plan shall comply with additional provisions set forth in Sections 93-722 and 93-732, respectively.    

For any portion of any development or enlargement other than an ERY Culture, Festival and Exhibit Facility, no temporary certificate of occupancy from the Department of Buildings may be issued for any portion of any development or enlargement with a floor area ratio of 10.0 or more until the Chairperson certifies to the Department of Buildings that the public access area is substantially complete, and the public access area is open to and useable by the public. No permanent certificate of occupancy from the Department of Buildings may be issued for any portion of such development or enlargement with a floor area ratio of 10.0 or more until the Chairperson certifies to the Department of Buildings that the public access area is complete and that all public access requirements of this Section have been met in accordance with the plans for such public access areas. Notwithstanding the foregoing, for zoning lots with multiple buildings for which the Chairperson has certified that a plan has been submitted that provides for the phased development of public access areas through completion of any public access area that is integral to the development of a building or buildings within each phase, such certifications shall be made with respect to substantial completion or completion of the public access areas integral to each such phase, except as provided in paragraph (h) of Section 93-71, and Section 93-732. Issuance of a temporary or permanent certificate of occupancy for any building, or portion of a building, not occupied by an ERY Culture, Festival and Exhibit Facility shall not be conditioned upon the completion, substantial completion or improvement of the Culture Facility Plaza.

For an ERY Culture, Festival and Exhibit Facility, no temporary certificate of occupancy from the Department of Buildings may be issued for such ERY Culture, Festival and Exhibit Facility until the Chairperson certifies to the Department of Buildings that the Culture Facility Plaza described in paragraph (j) of Section 93-71 is substantially complete and open to and useable by the public and no permanent certificate of occupancy from the Department of Buildings may be issued for the ERY Culture, Festival and Exhibit Facility until the Chairperson certifies to the Department of Buildings that the Culture Facility Plaza is complete. If a moveable portion of the ERY Culture, Festival and Exhibit Facility is not initially constructed as part of the ERY Culture, Festival and Exhibit Facility but is constructed at a later date, any closure of the Culture Facility Plaza necessary for such construction shall not affect the validity of any certificate of occupancy previously issued for the ERY Culture, Festival and Exhibit Facility. No temporary certificate of occupancy for the moveable portion that is thereafter constructed, or an amended temporary certificate of occupancy for the ERY Culture, Festival and Exhibit Facility that includes the moveable portion, may be issued by the Department of Buildings until the Chairperson certifies to the Department of Buildings that the reconstructed Culture Facility Plaza is substantially complete and open to and useable by the public and no permanent certificate of occupancy for the moveable portion that is thereafter constructed, or an amended permanent certificate of occupancy for the ERY Culture, Festival and Exhibit Facility that includes the moveable portion, may be issued by the Department of Buildings until the Chairperson certifies to the Department of Buildings that the reconstructed Culture Facility Plaza is complete.