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The regulations of Section 136-30, inclusive, shall apply within Subdistrict A, as shown on Map 1 (Special Downtown Far Rockaway District and Subdistrict) in the Appendix to this Chapter. The regulations of the Special Downtown Far Rockaway District shall apply, except as modified by the regulations of Section 136-30, inclusive.
136-31 Special Height and Setback Regulations Within Subdistrict A
136-311 Street Wall Location
The provisions of Section 136-221 (Street wall location) shall apply within Subdistrict A, except as provided in this Section.  
  1. For portions of buildings or building segments with frontage on Redfern Avenue located between the prolongation of the northerly street line of Dix Avenue and a line 150 feet south of and parallel to Nameoke Street, the street wall location rules of Section 136-221 shall not apply. In lieu thereof, paragraph (b) of Section 23-661 (Street wall location) shall apply.  
  2. For Street Wall A and Street Wall B, as shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter, the provisions of Section 136-221 shall not apply. In lieu thereof, the provisions of this Section shall apply.  
    1. Street Wall A

      Buildings on the west side of Open Space A shall have a street wall located along the required sidewalk widening on Mott Avenue, shown as a line designated A1 on Map 7, except that street wall articulation set forth in paragraph (e) of Section 35-651 (Street wall location) shall be permitted. Beyond 112 feet of Redfern Avenue, the street wall shall be located no closer to Central Avenue than the line designated A2 as shown on Map 7.
    2. Street Wall B

      Street walls fronting Open Space A shall be located no closer to Redfern Avenue than as shown as a line designated B1 on Map 7. The street walls of buildings on the east side of Open Space A with frontage on Mott Avenue shall be located no closer to Mott Avenue than as shown as lines designated B2 and B3 on Map 7. Portions of street walls with frontage on Mott Avenue, located so that a line drawn perpendicular to the line designated B3 intersects such street walls, shall be located no further than 30 feet from B3. Street walls fronting Central Avenue shall be located no closer to Central Avenue than as shown for the line designated B4 on Map 7, and shall be located no further than 30 feet from B4.
  3. For blocks with a dimension of less than 100 feet between streets or private streets that are parallel or do not intersect, the provisions of Section 136-221 shall be modified to require a minimum of 40 percent of the aggregate width of street walls to be located within eight feet of the street line and to extend to at least the minimum base height specified in Section 136-222 (Minimum and maximum base height), or the height of the building, whichever is less.
All street walls governed by this Section shall extend to the minimum base height specified in Section 136-313 (Minimum and maximum base height), or the height of the building, whichever is less.
136-312 Street Wall Recesses
For each building within Subdistrict A, where the aggregate width of street walls is greater than 90 feet, a minimum of 20 percent of the surface area of street walls below the maximum base height and above the level of the first story shall be recessed beyond three feet of the street line. Portions of street lines with no street walls may be counted towards the recess requirements of this Section. No portion of such minimum recessed area shall be located within 30 feet of the intersection of two street lines. However, such minimum recessed area shall be permitted within 30 feet of Redfern Avenue, except at the intersection of Redfern Avenue and Mott Avenue.
136-313 Minimum and Maximum Base Height
Within Subdistrict A, the provisions of Section 136-222 (Minimum and maximum base height) shall not apply. In lieu thereof, for residential buildings, mixed buildings and commercial buildings, the provisions of this Section shall apply. The street wall height and setback regulations of the underlying district shall apply except as modified in this Section.
  1. The minimum and maximum heights before setback of a street wall required pursuant to Section 136-221 (Street wall location), shall be as set forth in the following table:

    Condition
    Minimum Base Height (feet)
    Maximum Base Height (feet)
    Minimum Setback Depth (feet)
    Fronting on, or within 100 feet of, a street, other than a private street or publicly accessible open space
    401
    65
    10
    Fronting on a private street or a publicly accessible open space and beyond 100 feet of a street that is not a private street or publicly accessible open space
    401
    85
    7
    Fronting on Redfern Avenue
    301
    452
    10

    1        Within 300 feet of Mott Avenue, the minimum base height shall be 20 feet

    2        The maximum base height for the portion of a building subject to the 65 foot or six story maximum height provisions of Section 136-314 shall be 65 feet
  2. Dormers

    The provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts) shall be modified to allow dormers as a permitted obstruction within the required front setback distance above a maximum base height, as follows:
  1. Within 75 feet of intersecting streets, dormers shall be permitted without limitation on width.
  2. Where dormers are provided pursuant to paragraph (b)(1) of this Section, and such dormers exceed the maximum width permitted pursuant to paragraph (c) of Section 23-621, for any portion of a building with an aggregate width of street walls greater than 75 feet, a setback shall be provided above the maximum base height between such dormer and any other dormer for a width of at least 20 feet, or the remaining width of such street wall, as applicable.
  3. Beyond 75 feet of intersecting streets, the provisions of paragraph (c) of Section 23-621 shall apply. The width of any dormers provided pursuant to the provisions of paragraph (b)(1) of this Section shall be included in the aggregate width of all dormers.
However, the provisions of this paragraph (b) shall not apply to portions of buildings with frontage on Redfern Avenue, except that these provisions shall apply to portions of buildings with frontage on both Redfern Avenue and Mott Avenue.
136-314 Maximum Building Height
The height of a building or other structure shall not exceed the maximum building height or the maximum number of stories, whichever is less, as shown on Map 5 (Maximum Building Height Within Subdistrict A) in the Appendix to this Chapter. However, within 75 feet of the intersection of the southerly cross street with Redfern Avenue, and within 75 feet of the intersection of the northerly cross street with Redfern Avenue, the maximum height for buildings or other structures shall be six stories or 65 feet, whichever is less. Any such 65 foot or six story maximum building height limit falling within 300 feet of Mott Avenue shall only extend to a depth of 25 feet from Redfern Avenue, after which the maximum building height and maximum number of stories shown on Map 5 shall apply.
136-315 Maximum Building Height and Horizontal Dimension for Tall Buildings
Within the Tower Location Area shown on Map 5 (Maximum Building Height Within Subdistrict A) in the Appendix to this Chapter, the height of a building may exceed the height limits specified in Section 136-314 (Maximum building height) only as set forth in this Section. Any portion of a building above a height of 125 feet shall hereinafter be referred to as a "tower."
  1. Towers shall be located within portions of zoning lots bounded by intersecting street lines and lines parallel to and 200 feet from each intersecting street line.  
  2. Towers shall be separated from one another by a minimum distance of 60 feet, measured in all horizontal directions.  
  3. The outermost walls of each story of a building located entirely above a height of 125 feet shall be measured in plan view and inscribed within a rectangle. The maximum length of such rectangle shall be 170 feet. The maximum length of any other side of such rectangle shall be 100 feet. For the purposes of this Section, abutting portions of buildings above a height of 125 feet shall be considered a single tower.  
  4. To permit portions of a building to rise from grade to a tower portion without setback, the setback provisions of Section 136-313 (Minimum and maximum base height) shall not apply to any portion of a building located within 100 feet of intersecting street lines.
  5. The maximum height of a tower shall be 155 feet or 15 stories, whichever is lower.
  6. No more than two towers shall be permitted within Subdistrict A.
136-316 Maximum Length of Buildings
The outermost walls of each story of a building located entirely above a height of 95 feet shall be measured in plan view and inscribed within a rectangle. The maximum length of any side of such rectangle shall be 170 feet. For the purposes of this Section, abutting portions of buildings above a height of 95 feet shall be considered a single building.
136-32 Streets and Public Open Spaces
136-321 Certification
The requirements of this Section shall apply to zoning lots containing developments or enlargements within the current or former Downtown Far Rockaway Urban Renewal Area.
No building permit shall be issued for any development or enlargement until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such development or enlargement complies with the provisions of this Section.
The Chairperson shall certify that:
  1. all publicly accessible open spaces adjacent to the proposed development or enlargement comply with the provisions of Section 136-324 (Publicly accessible open space requirements);
  2. the location of private streets adjacent to the proposed development or enlargement complies with the provisions of Section 136-323 (Private streets); and
  3. for any portion of Subdistrict A outside the area of the proposed development or enlargement for which a certification pursuant to this Section has not been obtained, the applicant has submitted sufficient documentation showing that the development or enlargement that is the subject of this certification, and any associated private streets and publicly accessible open spaces required to be constructed in conjunction with such development or enlargement, shall not preclude such undeveloped portions of Subdistrict A from complying with the provisions of Sections 136-323 and 136-324 under future certifications pursuant to this Section.
All required private streets and publicly accessible open spaces, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including provisions for the maintenance and operation of such private streets and publicly accessible open spaces, indexed against the property, binding the owners, successors and assigns to provide and maintain such private streets and publicly accessible open spaces in accordance with the plans certified by the Chairperson. Such declaration, or any maintenance and operation agreement with the City or its designee executed in connection with such declaration, shall require that adequate security be provided to ensure that the private streets and public access areas are maintained in accordance with the declaration and any related maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.
In addition, the private streets and publicly accessible open spaces integral to the development or enlargement of a building, as indicated in the plans certified by the Chairperson, shall be recorded on the certificate of occupancy for such building by the Department of Buildings. The recording information of the declaration of restrictions shall be included on the certificate of occupancy for any building, or portion thereof, issued after the recording date.
The property owner shall be responsible for the construction and maintenance of all required private streets and publicly accessible open spaces on the zoning lot. No temporary or final certificate of occupancy shall be issued for any building adjacent to such private street or publicly accessible open space until all required improvements are completed, except as set forth in a phasing plan that has been incorporated in a signed and duly recorded declaration of restrictions, and that has provided for interim improvements and access where these do not present conflicts with construction, staging or public safety.
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