81-541 Rail Mass Transit Facility Improvement

In addition to the provisions of Section 81-29 (Incentives by Special Permit for Provisions of Public Amenities), the City Planning Commission may grant floor area bonuses for subway station and/or rail mass transit facility improvements for non-residential or mixed buildings, in accordance with Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan), and may modify or waive the provisions of Section 81-43 (Street Wall Continuity Along Designated Streets) in accordance with the provisions of Section 74-634, provided that such improvement is approved by the entities which own and/or operate the rail mass transit facility.

Prior to granting a special permit, the City Planning Commission shall be provided with:

(a)        a letter from each entity that operates the rail mass transit facility confirming that the drawings of the subway and/or rail mass transit improvement are of sufficient scope and detail to describe the layout and character of the improvements and that the proposed implementation of the improvements is physically and operationally feasible, and

(b)        a legally enforceable instrument containing:

(1)        drawings of the improvements, as approved by the transit operator;

(2)        provisions that all easements required for the on-site improvements will be conveyed and recorded against the property;

(3)        the obligations of the applicant to construct, maintain and provide capital maintenance for the improvements; and

(4)        a schedule for completion of the improvements and a requirement that a performance bond or other appropriate security be provided to ensure the completion of the improvements.

For the purposes of this Section, improvements to any rail mass transit facility on a zoning lot located wholly or partially within the Subdistrict qualifies for bonus floor area in accordance with the provisions of Section 74-634, as modified herein. For zoning lots located partially within the Subdistrict, such bonus floor area may be located anywhere on such zoning lot. In addition, if a subway and/or rail mass transit improvement has been constructed in accordance with an approved special permit and has received a Notice of Substantial Completion in accordance with the provisions of Section 74-634, the bonus floor area may be retained at the full amount granted by the special permit and may be utilized elsewhere on the zoning lot subject to any applicable review and approval process for such development or enlargement.