The City Planning Commission may grant, by special permit, a floor area bonus not to exceed 20 percent of the basic maximum floor area ratio permitted by the underlying district regulations, and may waive or modify the provisions of Article III, Chapter 7 (Special Regulations), and the street wall continuity provisions of Sections 81-43 (Street Wall Continuity Along Designated Streets), 91-31 (Street Wall Regulations) or 101-41 (Special Street Wall Location Regulations) for developments or enlargements located on zoning lots where major improvements to adjacent subway stations are provided in accordance with the provisions of this Section. For the purposes of this Section, "adjacent" shall mean that upon completion of the improvement, the zoning lot will physically adjoin a subway station mezzanine, platform, concourse or connecting passageway. Subway stations where such improvements may be constructed are those stations located within the Special Midtown District as listed in Section 81-292 (Subway station improvements), the Special Lower Manhattan District as listed in Section 91-43 (Off-street Relocation or Renovation of a Subway Stair), the Special Downtown Brooklyn District as listed in Section 101-211 (Special permit for subway station improvements), the Special Union Square District as listed in Section 118-50 and those stations listed in the following table:
34th Street-Penn Station
59th Street/Lexington Avenue (60th St)
Lexington Avenue and Broadway-60th Street
The selection of subway station improvements shall be on a case-by-case basis and shall be subject to the approval of the Metropolitan Transportation Authority, New York City Transit and the City Planning Commission. All such improvements shall comply with all applicable design standards of the current station planning guidelines of New York City Transit.
(a) Pre-application requirements
Prior to submitting an application for a special permit pursuant to this Section, the applicant shall submit a schematic or concept plan for the proposed improvement to the Metropolitan Transportation Authority, New York City Transit and the Chairperson of the City Planning Commission.
(b) Requirements for application
An application for a special permit pursuant to this Section shall include a letter from New York City Transit to the City Planning Commission containing conceptual approval of the improvement and a statement of any special considerations regarding New York City Transit's future operation of the improvement. The applicant shall submit all information and justification sufficient to enable the Commission to:
(1) evaluate the benefits to the City;
(2) determine the appropriate amount of bonus floor area; and
(3) where applicable, assess the advantages and disadvantages of waiving or modifying street wall continuity requirements.
(1) Within the Special Midtown District, for a development or enlargement within the Theater Subdistrict on a zoning lot containing a theater designated as listed pursuant to Section 81-742 (Listed theaters), the Commission shall find that the requirements of Section 81-743 (Required assurances for continuance of legitimate theater use) have been met.
(2) Within the Special Midtown District, for a development or enlargement located on a zoning lot divided by a Theater Subdistrict Core boundary, as defined in Section 81-71 (General Provisions), the amount of lot area eligible for bonus floor area shall not exceed an amount equal to twice the lot area of that portion of the zoning lot located outside the Theater Subdistrict Core.
(1) In determining the amount of floor area bonus, the City Planning Commission shall consider the degree to which:
(i) the general accessibility and security of the subway station will be improved by the provision of new connections, additions to or reconfigurations of circulation space, including provision of escalators or elevators; and
(ii) significant improvements to the station's environment by provision for direct daylight access, or improvements to noise control, air quality, lighting or rider orientation and satisfactory integration of the street level entryway into the development or enlargement will occur.
(2) In determining modifications to the requirements of Article III, Chapter 7 (Special Regulations), the Commission shall find that the provisions of a subway improvement cannot be accommodated without modification to these requirements.
(3) In determining modifications to the street wall continuity provisions of Section 81-43 in the Special Midtown District, Section 91-31 (Street Wall Regulations) in the Special Lower Manhattan District or Section 101-41 in the Special Downtown Brooklyn District, the Commission shall find that the modification will permit the proposed design to provide for access of daylight and air to the subway platform, mezzanine or concourse and that the advantages of such access outweigh the disadvantages incurred by the interruption of street wall and retail continuity.
(e) Procedural requirements
Prior to the granting of a special permit, the City Planning Commission shall be provided with the following:
(1) a letter from New York City Transit stating that the drawings and other documents submitted by the applicant have been determined by New York City Transit to be of sufficient scope and detail to fix and describe the size and character of the subway improvement as to architectural, structural, mechanical and electrical systems, materials, relationship to existing site conditions and such other conditions as may be appropriate, and that the construction of the subway improvement in accordance with such submission is feasible; and
(2) a legally enforceable instrument running with the land and signed by the applicant and all parties in interest, other than parties in interest who have waived and subordinated their interests, containing complete drawings of the improvement and setting forth the obligations of owner and developer, their successors and assigns, to construct and provide capital maintenance for the improvement, establish a construction schedule and provide a performance bond for completion of the improvement.
(f) Recordation and completion procedures
Any instrument creating a transit easement on the zoning lot shall be recorded against the zoning lot in the Office of the Register of the City of New York and a certified copy of the instrument shall be submitted to the City Planning Commission and New York City Transit. The applicant shall not apply for nor accept a temporary certificate of occupancy for the bonus floor area, and the Department of Buildings shall not issue such a temporary certificate of occupancy, until New York City Transit has determined that the bonused subway improvement is substantially complete which shall, for this purpose, mean open to and usable by the public.
The applicant shall not apply for or accept a permanent certificate of occupancy for the development or enlargement, nor shall the Department of Buildings issue such permanent certificate of occupancy, until the bonused subway improvement has been completed in accordance with the approved plans and such completion has been certified by New York City Transit.
The Commission may prescribe additional appropriate conditions and safeguards to enhance the character of the surrounding area.