In the Pennsylvania Station Subarea B4, for developments or enlargements that significantly enhance the pedestrian environment and provide improvements to access to public transit facilities, the City Planning Commission may permit a commensurate floor area increase for commercial use above a floor area ratio of 10.0 to a maximum floor area ratio of 19.5.
(a) The following conditions shall apply:
(1) the applicant shall submit a plan acceptable to the Commission identifying that portion of the development or enlargement utilizing such increased floor area;
(2) all transit facility improvements shall comply with applicable design standards or the current guidelines of the Metropolitan Transit Authority, New Jersey Transit, or Amtrak, as applicable;
(3) the applicant shall submit schematic or concept plans for all proposed improvements to the applicable transportation agency and the Commission, and any further documentation deemed necessary by the reviewing agencies;
(4) the Commission shall receive a letter from the applicable transportation agency stating the drawings and other documents submitted by the applicant have been determined to be of sufficient scope and detail to fix and describe the size and character of the transit improvement as to architectural, structural, mechanical and electrical systems; materials; relationship to existing site conditions; and other such elements as may be appropriate; and
(5) the owner shall sign a legally enforceable instrument in a form acceptable to the reviewing agencies containing complete drawings of the improvement and setting forth the obligations of owner and developer, their successors and assigns, to construct and maintain all parts of the improvement, whether on-site or off, pursuant to an agreed-upon construction schedule. Such instrument shall be recorded against the zoning lot in the Office of the Register of the City of New York for New York County and a certified copy of the instrument shall be submitted to the Chairperson of the Commission and the applicable transportation agencies.
The owner shall not apply for or accept a temporary certificate of occupancy for that portion of the development or enlargement identified as utilizing the increased floor area permitted pursuant to this Section, and the Department of Buildings shall not issue a temporary certificate of occupancy for such portion, until the applicable transportation agencies have certified that the transit facility improvement is substantially complete and usable by the public. The owner shall not apply for or accept a permanent certificate of occupancy for such portion of the development or enlargement, nor shall the Department of Buildings issue a permanent certificate of occupancy for such portion until the transit improvement has been finally completed in accordance with the approved plans and such final completion has been certified by the applicable transportation agencies.
(b) In order to grant such special permit, the Commission shall find that:
(1) the transit improvements significantly enhance the surface and subsurface pedestrian circulation network into and around the development or enlargement and to and from public transit facilities;
(2) the streetscape, the site design and the location of building entrances for the development or enlargement contribute to the overall improvement of pedestrian circulation within the Special Hudson Yards District and minimize congestion on surrounding streets; and
(3) the increased floor area will not unduly increase the bulk of the development or enlargement, density of population or intensity of use to the detriment of the occupants of buildings in the surrounding area.
In determining the amount of floor area bonus, the Commission shall consider the extent to which the transit improvements address each of the above findings.
The Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the development or enlargement and to minimize adverse effects on the character of the surrounding area.