93-33 Special Regulations for Residual Portions of Zoning Lots Partially Within the Phase 2 Hudson Boulevard and Park

Where all of the lot area within the following parcels, as they existed on January 19, 2005, that is also within the Phase 2 Hudson Boulevard and Park, has been conveyed to the City pursuant to the provisions of Section 93-32, the owner of the residual portion of one of these parcels may convey to the City such residual portion, with all development rights appurtenant thereto, provided that all certificates of occupancy have been surrendered and all structures on such parcel have been demolished:

When such conveyance is made, the Chairperson of the City Planning Commission may certify that such owner is entitled to an increase in floor area on any receiving site as specified in Section 93-32, in lieu of a permitted floor area increase in exchange for contributions to the Hudson Yards District Improvement Fund. The amount of increase certified shall not exceed the lot area of the residual portion times the floor area ratio of the applicable zoning district, as specified in Section 93-32, paragraph (a)(1).

The maximum amount of floor area increase on a receiving site shall be based on an amount not to exceed the floor area ratio increase permitted on a zoning lot through such contribution pursuant to Sections 93-21 or 93-22, as applicable. In the event the certified permissible floor area increase is greater than that permitted on a receiving site, the Chairperson shall certify that such excess floor area be credited towards future floor area increases on receiving sites pursuant to this Section.

Once certified by the Chairperson, the entitlement to an increase in floor area pursuant to this Section shall be the property of the former owner of the residual property conveyed to the City, and such owner may assign, sell or otherwise transfer such entitlement without restriction.

Where certification is made pursuant to this Section, the site plan and floor area calculations for the receiving site, together with the notice of restrictions upon further development of the receiving site, included in the application submitted pursuant to Section 93-32, shall set forth the increase in floor area for such receiving site certified hereunder.