Article I General Provisions

Article II Residence District Regulations

Article III Commercial District Regulations

Article IV Manufacturing District Regulations

Article V Non-Conforming Uses and Non-Complying Buildings

Article VI Special Regulations Applicable to Certain Areas

Article VII Administration

Article VIII Special Purpose Disctricts

Article IX Special Purpose Disctricts

Article X Special Purpose Disctricts

Article XI Special Purpose Disctricts

Article XII Special Purpose Disctricts

Article XIII Special Purpose Disctricts

Appendix A Index of Uses [PDF]

Appendix B Index of Special Purpose Districts [PDF]

Appendix C City Environmental Quality Review (CEQR) Table 1 - Environmental Requirements [PDF]

Appendix C City Environmental Quality Review (CEQR) Table 2 - Restrictive Declarations [PDF]

Appendix D Zoning Map Amendment ("D") Restrictive Declarations [PDF]

Appendix E Design Requirements for Plazas, Residential Plazas and Urban Plazas Developed Prior to October 17, 2007 [PDF]

Appendix F Inclusionary Housing Designated Areas [PDF]

Appendix G Quantities of Radioactive Materials [PDF]

Appendix H Designation of Arterial Highways [PDF]

Appendix I Transit Zone [PDF]

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(2/2/11)

The "Special Downtown Brooklyn District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
  1. to strengthen the business core of Downtown Brooklyn by improving the working and living environments;

  2. to foster development in Downtown Brooklyn and provide direction and incentives for further growth where appropriate;

  3. to create and provide a transition between the Downtown commercial core and the lower-scale residential communities of Fort Greene, Boerum Hill, Cobble Hill and Brooklyn Heights;

  4. to encourage the design of new buildings that are in character with the area;

  5. to preserve the historic architectural character of development along certain streets and avenues and the pedestrian orientation of ground floor uses, and thus safeguard the vitality of Downtown Brooklyn;

  6. to improve the quality of development in Downtown Brooklyn by fostering the provision of specified public amenities in appropriate locations;

  7. to improve visual amenity by establishing special sign regulations within the Fulton Mall and Atlantic Avenue Subdistricts; and

  8. to promote the most desirable use of land and building development for Downtown Brooklyn and thus conserve the value of land and buildings and thereby protect the City's tax revenues.
(12/10/12)

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 101-302 (Definitions Specific to the Atlantic Avenue Subdistrict) or in this Section.

Automated parking facility

An “automated parking facility” shall refer to an #accessory# off-street parking facility or #public parking garage# where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system, and shall not refer to a parking facility with parking lift systems that require an attendant to operate the vehicle that is to be parked.

Development or to develop

For purposes of this Chapter, "development" includes a #development#, an #enlargement# or an #extension#.

To "develop" is to create a #development#.
(2/2/11)

The provisions of this Chapter shall apply within the #Special Downtown Brooklyn District#. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.

Whenever a #zoning lot# is divided by the boundary of the #Special Downtown Brooklyn District#, the requirements set forth in this Chapter shall apply, and shall apply only to that portion of the #zoning lot# within the #Special Downtown Brooklyn District#.
(4/30/08)

The regulations of this Chapter are designed to implement the #Special Downtown Brooklyn District# Plan.

The District Plan includes the following seven maps:

Map 1           Special Downtown Brooklyn District and Subdistricts
Map 2 Ground Floor Retail Frontage
Map 3 Ground Floor Transparency Requirements
Map 4 Street Wall Continuity and Mandatory Sidewalk Widenings
Map 5 Curb Cut Restrictions
Map 6 Height Limitation Areas
Map 7 Subway Station Improvement Areas


The maps are located within Appendix E (Special Downtown Brooklyn District Maps) of this Chapter and are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.
(6/28/04)

In order to carry out the provisions of this Chapter, two subdistricts are established within the #Special Downtown Brooklyn District#. In each of these subdistricts, certain special regulations apply that do not apply within the remainder of the #Special Downtown Brooklyn District#. The subdistricts are outlined on Map 1 (Special Downtown Brooklyn District and Subdistricts) in Appendix E of this Chapter. Special regulations set forth in Sections 101-60 through 101-632, inclusive, shall apply to the Fulton Mall Subdistrict. Special regulations set forth in Sections 101-70 through 101-75 and Appendices A, B, C and D, inclusive, shall apply to the Atlantic Avenue Subdistrict. The subdistricts are also subject to all other regulations of the #Special Downtown Brooklyn District# and the underlying districts except as otherwise specified in the subdistrict regulations.
(6/28/04)

(3/22/16)

Map 2 (Ground Floor Retail Frontage), in Appendix E of this Chapter, specifies locations where the special ground floor #use# regulations of this Section apply.

#Uses# within #stories# that have a floor level within five feet of #curb level#, and within 50 feet of the #street line#, shall be limited to #commercial uses# listed in Use Groups 5, 6A, 6C, 6D, 7A, 7B, 8A, 8B, 8D, 9, 10, 11, 12A, 12B and 12C, where such #uses# are permitted by the underlying district. In addition, libraries, museums and non-commercial art galleries shall be permitted. A #building’s street# frontage shall be allocated exclusively to such #uses#, except for Type 2 lobby space, entryways or entrances to subway stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). However, loading berths serving any permitted #use# in the #building# may occupy up to 40 feet of such #street# frontage provided such #street# frontage is not subject to curb cut restrictions as shown on Map 5 (Curb Cut Restrictions) in Appendix E of this Chapter.

The regulations of this Section are modified as follows:
  1. Fulton Mall Subdistrict

    For #buildings# in the Fulton Mall Subdistrict, Use Group 6A shall not include post offices, dry cleaning, laundry, or shoe and hat repair establishments. Use Group 6C shall not include automobile supply establishments, electrolysis studios, frozen food lockers, loan offices or locksmiths. Use Group 8A shall not include billiard parlors, pool halls, bowling alleys or model car hobby centers. Use Group 9 shall be prohibited except for typewriter stores. Use Group 10 shall not include depositories for office records, microfilm or computer tapes. Use Groups 6D, 7A, 7B, 8B, 8D, 11, 12A and 12C shall be prohibited. Furthermore, no bank or off- track betting establishment shall occupy more than 30 feet of frontage at the ground floor of any #building# along the #street line# of Fulton Street. Any establishment that fronts on the #street line# of Fulton Street for a distance greater than 15 feet shall provide an entrance on Fulton Street.

  2. Atlantic Avenue Subdistrict

    Automotive service stations are not permitted. No bank, loan office, business or professional office or individual #use# in Use Group 9 shall occupy more than 50 feet of linear frontage on Atlantic Avenue. Moving and storage uses in Use Group 7 are permitted on the ground floor of a #building# only if such #use# is located at least 50 feet from the front wall of the #building# in which the #use# is located. Any #buildings developed# after June 28, 2004, or portions of #buildings enlarged# on the ground floor level after June 28, 2004, on a #zoning lot# of 3,500 square feet or more shall have a minimum of 50 percent of the ground #floor area# of the #building# devoted to permitted #commercial uses# in Use Groups 6, 7 or 9, except that this requirement shall not apply to any #development# occupied entirely by #community facility use#.

    In any #building# within the Atlantic Avenue Subdistrict, the provisions of Section 32-421 (Limitation on floors occupied by non-residential uses) restricting the location of non-#residential uses# listed in Use Groups 6, 7, 8, 9 or 14 to below the level of the first #story# ceiling in any #building# occupied on one of its upper stories by #residential# or #community facility uses#, shall not apply. In lieu thereof, such non-#residential uses# shall not be located above the level of the second #story# ceiling.
(3/22/16)

Map 3 (Ground Floor Transparency Requirements) in Appendix E of this Chapter specifies locations where the following transparency requirements apply.

For any #buildings developed# after June 28, 2004, or portions of #buildings enlarged# on the ground floor level after June 28, 2004, each ground floor #street wall# shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).
(6/28/04)

In the #Special Downtown Brooklyn District#, except as modified by the provisions of Section 101-131 (Permitted projection), the regulations of Section 32-60, et. seq., pertaining to #signs#, shall apply. Further regulations for the Fulton Mall Subdistrict and the Atlantic Avenue Subdistrict are set forth in Section 101- 60, inclusive, and Section 101-70, inclusive.
(6/28/04)

The provisions of Section 32-652 (Permitted projection in all other Commercial Districts) shall not apply. In lieu thereof, the provisions of this Section shall apply.

No permitted #sign# shall project across a #street line# more than 12 inches, except as otherwise provided in this Section.

Banners for theaters may project across a #street line# for a maximum distance of four feet, provided such banners are separated at least 25 feet apart, and further provided that such banners are located between 12 feet and 40 feet above #curb level#.

For each establishment located on the ground floor, non- #illuminated# double-faced #signs# may project perpendicularly across a #street line# for a maximum distance of 40 inches, provided that no more than two such #signs#, separated at least 25 feet apart, are permitted along each #street# on which such establishment fronts, and further provided that any such #sign# shall not exceed a #surface area# of 24 by 36 inches, and shall not be located above the sill level of the second #story# windows.
(6/28/04)

(11/16/16)

R7-1 C6-1 C6-4.5 C6-6
  1. In R7-1 Districts

    In R7-1 Districts, the #floor area ratio# and #open space ratio# provisions applicable to #residential buildings# and #residential# portions of #mixed buildings# pursuant to Sections 23-151 and 23-154 shall not apply. In lieu thereof, the maximum #floor area ratio# for #residential buildings# or #residential# portions of #mixed buildings# shall be 4.0. The maximum #lot coverage# for #residential buildings# or #residential# portions of #mixed buildings# shall be 65 percent for #interior lots#, except that for #affordable independent residences for seniors# the maximum #lot coverage# for #interior lots# shall be 70 percent. For all #residential buildings# or #residential# portions of #mixed buildings#, the maximum #lot coverage# for #corner lots# shall be 100 percent.

  2. In C6-1 Districts

    In C6-1 Districts, the #floor area ratio# and #open space ratio# provisions applicable to #residential buildings# and #residential# portions of #mixed buildings#, pursuant to Sections 23-151 and 23-154, shall not apply. In lieu thereof, the maximum #floor area ratio# for #residential buildings# or #residential# portions of #mixed buildings# shall be 3.44. The maximum #lot coverage# for #residential buildings# or #residential# portions of #mixed buildings# shall be 65 percent for #interior lots#, except that for #affordable independent residences for seniors# the maximum #lot coverage# for #interior lots# shall be 70 percent. For all #residential buildings# or #residential# portions of #mixed buildings#, the maximum #lot coverage# for #corner lots# shall be 100 percent. For #Quality Housing buildings#, the underlying #floor area ratio# and #lot coverage# regulations shall apply.

  3. In C6-4.5 Districts

    In C6-4.5 Districts, the maximum permitted #floor area ratio# for #commercial# or #community facility uses# shall be 12.0. No #floor area# bonuses for #commercial# or #community facility uses# shall be permitted.

  4. In C6-6 Districts

    In C6-6 Districts, the maximum permitted #floor area ratio# for #commercial# or #community facility uses# shall be 15.00, and the maximum #residential floor area ratio# shall be 9.0. No #floor area# bonuses shall be permitted.
(2/2/11)

Within the #Special Downtown Brooklyn District#, the City Planning Commission may grant, by special permit, a #floor area# bonus for #buildings# that provide subway station improvements, pursuant to the provisions of Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan).

The total additional #floor area# permitted on the #zoning lot# shall not exceed 20 percent of the basic maximum #floor area ratio# permitted by the underlying district regulations.

For the purposes of the Special District, the #zoning lot# for the #development# that will receive the #floor area# bonus shall be adjacent to a subway station where major improvements have been provided. Upon completion of the improvement, the #zoning lot# will physically adjoin a subway station mezzanine, platform, concourse or connecting passageway.

The subway stations where such improvements are permitted are listed in the following table and shown on Map 7 (Subway Station Improvement Areas) in Appendix E of this Chapter.

Station                                                                               Line
Borough Hall Eastern Parkway
Court Street Montague Street Tunnel
Dekalb Avenue 4th Avenue/Brighton
Hoyt Street Eastern Parkway
Hoyt-Schermerhorn Street Crosstown/Fulton Street
Jay St.-MetroTech Culver/Fulton Street
Lawrence Street Montague Street Tunnel
Nevins Street Eastern Parkway
Atlantic Ave-Pacific Street 4th Avenue/Brighton
Eastern Parkway
(2/2/11)

The height of all #buildings or other structures# shall be measured from the #base plane#. The provisions of Section 101-221 (Permitted Obstructions) shall apply to all #buildings# within the #Special Downtown Brooklyn District#.

In R7-1, C5-4, C6-1 and C6-4 Districts, except C6-1A Districts, the underlying height and setback regulations shall not apply. In lieu thereof, all #buildings or other structures# shall comply with the provisions of Section 101-222 (Standard height and setback regulations) or, as an option where applicable, Section 101-223 (Tower regulations). #Buildings or other structures# within the Flatbush Avenue Extension and Schermerhorn Street Height Limitation Areas shall comply with the provisions of Section 101-30 (SPECIAL PROVISIONS WITHIN HEIGHT LIMITATION AREAS). However, the underlying height and setback regulations shall apply to any #Quality Housing building#, except that Quality Housing height and setback regulations shall not be applicable within any R7-1 District mapped within a C2-4 District.
(4/30/12)

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all #buildings# within the #Special Downtown Brooklyn District#, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).
(3/22/16)

C2-4/R7-1 C6-1 C6-4.5 C6-6

In the districts indicated, except C6-1A Districts, a #building or other structure# shall not exceed the applicable maximum #building# height set forth in the table in this Section. Furthermore, any portion of a #building or other structure# that exceeds the applicable maximum base height shall be set back at least 10 feet from a #wide street line# and at least 15 feet from a #narrow street line#.

MAXIMUM BASE HEIGHTS AND MAXIMUM BUILDING HEIGHTS IN C2-4/R7-1, C6-1, C6-4.5 AND C6-6 DISTRICTS

District Maximum
Base Height
Maximum
#building# Height
Beyond 100
feet of a
#wide
street#


Within 100
feet of a
#wide
street#


Beyond 100
feet of a
#wide
street#


Within 100
feet of a
#wide
street#


C2-4/R7-1 85 85 160 160
C6-1 125 150 185 210
C6-4.5 C6-6 125 150 250 250


C5-4 C6-4

In the districts indicated, the maximum height of a #building or other structure# and the maximum number of #stories# shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for an R10 District. For #buildings# meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum heights and number of #stories# may be modified in accordance with the provisions of paragraph (b) of Section 23-664 for an R10 District. Separate maximum #building# heights are set forth within such Sections for #Quality Housing buildings# with #qualifying ground floors# and for those with #non-qualifying ground floors#. Furthermore, any portion of a #building or other structure# that exceeds the applicable maximum base height shall be set back at least 10 feet from a #wide street line# and at least 15 feet from a #narrow street line#.
(11/16/16)

C5-4 C6-1 C6-4 C6-6

In the districts indicated, except C6-1A Districts, the provisions of this Section shall apply as an alternative to the provision of Section 101-222 (Standard height and setback regulations).
  1. Setback requirements for #residential# towers

    For #buildings# that contain #residential floor area# above a height of 85 feet, a setback is required for all portions of such #buildings# that exceed a height of 85 feet. Such portions of #buildings# shall be set back at least 10 feet from a #wide street line# and at least 15 feet from a #narrow street line#.

  2. Setback requirements for #commercial# or #community facility# towers

    For #buildings# that contain #commercial# or #community facility floor area# above a height of 85 feet, a setback is required for all portions of such #buildings# that exceed a height of 85 feet.

    For #zoning lots# that do not exceed a #lot area# of 15,000 square feet, such portions of #buildings# shall be set back at least 10 feet from a #wide street line# and at least 15 feet from a #narrow street line#. For #zoning lots# that exceed an area of 15,000 square feet, such portions shall be set back at least 20 feet from any #street line#.

    However, setbacks shall not be required for any portion of a #building# fronting upon the south side of Willoughby Street between Gold Street and the Flatbush Avenue Extension, or upon that portion of the Flatbush Avenue Extension between Willoughby Street and DeKalb Avenue within 250 feet of Willoughby Street, or for any #building# fronting upon the north side of Willoughby Street between Gold Street and the Flatbush Avenue Extension, provided that this exemption shall not be applicable to portions of #buildings# above 85 feet that contain #residential floor area#.

  3. #Lot coverage# requirements for towers

    All #buildings#, or portions thereof, shall have a maximum #lot coverage# of 65 percent of the #lot area# of the #zoning lot# above a height of 150 feet, up to a height of 300 feet. Above a height of 300 feet, all #buildings#, or portions thereof, shall have a maximum #lot coverage# of 50 percent of the #lot area# of the #zoning lot#. However, any portion of a #building# containing #residential floor area# above a height of 150 feet shall have a maximum #lot coverage# of 40 percent of the #lot area# of the #zoning lot# or, for #zoning lots# less than 20,000 square feet, the percentage set forth in the table in this Section:

    LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

    Area of #Zoning Lot#
    (in sq. ft.)
    Maximum Percentage
    of #Lot Coverage#
    10,500 or less 50
    10,501 to 11,500 49
    11,501 to 12,500 48
    12,501 to 13,500 47
    13,501 to 14,500 46
    14,501 to 15,500 45
    15,501 to 16,500 44
    16,501 to 17,500 43
    17,501 to 18,500 42
    18,501 to 19,999 41

  4. Maximum #building# height

    In C6-1 Districts, the maximum height of a #building or other structure# shall be 495 feet. No height limit shall apply within a C5-4, C6-4 or C6-6 District.
(3/22/16)

The provisions of this Section shall apply within the Flatbush Avenue Extension and Schermerhorn Street Height Limitation Areas, as shown on Map 6 in Appendix E of this Chapter.
  1. Flatbush Avenue Extension Height Limitation Area

    Within the Flatbush Avenue Extension Height Limitation Area, no #building or other structure# shall exceed a height of 400 feet.

  2. Schermerhorn Street Height Limitation Area

    Within the Schermerhorn Street Height Limitation Area, the provisions of this paragraph, (b), shall apply:

    1. #Public plaza# prohibition

      No #public plazas# shall be permitted within Area B of Map 6.

    2. Height and setback regulations

      The tower provisions of Section 101-223 shall not apply. The standard height and setback regulations of Section 101-222 shall apply within Area A of Map 6, and are modified to limit maximum #building# height to 140 feet within Area B, and to permit a maximum #building# height of 250 feet within Area C of Map 6. For #Quality Housing buildings#, the underlying height and setback regulations shall apply, except that the maximum height of a #building# shall be as specified on Map 6 or as specified pursuant to the Quality Housing Program, whichever is less.

    3. #Rear yard# modification

      The provisions of Sections 23-532 (Required rear yard equivalents) or 23-533 (Required rear yard equivalents for Quality Housing buildings), as applicable, shall not apply to any #through lot#. In lieu thereof, an open area with a minimum depth of 60 feet, midway, or within 10 feet of being midway between the two #street lines# upon which such #through lot# fronts, shall be provided. Such #rear yard# shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).
(6/28/04)

(11/16/16)

Map 4 (Street Wall Continuity and Mandatory Sidewalk Widenings) in Appendix E of this Chapter specifies locations where the special #street wall# location regulations of this Section apply. However, such regulations shall not apply along the #street# frontage of that portion of any #zoning lot# occupied by existing #buildings# to remain.
  1. Fulton Mall Subdistrict

    Within the Fulton Mall Subdistrict, the #street wall# of any #building# shall be located on the #street line# and shall extend along the full length of the #street line# for that portion of the #building# within the Subdistrict, except that on #corner lots#, no #street wall# shall be required within 100 feet of the intersection of two #street lines# where the interior angle formed by such intersecting #street lines# is 45 degrees or less. Such required #street walls# shall extend to a minimum height of 60 feet above #curb level# or the height of the #building#, whichever is less, and a maximum height of 85 feet. Above a height of 85 feet, the provisions of Section 101-222 (Standard height and setback regulations) or 101-223 (Tower regulations) shall apply.

  2. Atlantic Avenue Subdistrict

    Within the Atlantic Avenue Subdistrict, the underlying height and setback regulations shall apply, except that the front wall of any #building# shall be coincident with the #street line# for a minimum height of 16 feet above #curb level# and, in a C2-4 District mapped within an R6A District, a maximum height of 50 feet above #curb level# or, in a C2-4 District mapped within an R7A District, a maximum height of 60 feet above #curb level#.

  3. Willoughby Square

    For #buildings# fronting upon Willoughby Square, at least 70 percent of the #street wall# of that portion of the #building# fronting upon Willoughby Square shall be located on the #street line# and extend to a minimum height of 80 feet and a maximum height of 85 feet. Above a height of 85 feet, the provisions of Section 101-223 shall apply.

  4. All other areas

    On all other #streets# shown on Map 4, at least 70 percent of the #aggregate width of street walls# of any #building# shall be located within eight feet of the #street line# and extend to at least a height of 40 feet in R7-1 Districts mapped within C2-4 Districts and at least a height of 60 feet in all other districts, or the height of the #building#, whichever is less, except that on #corner lots#, no #street wall# shall be required within 100 feet of the intersection of two #street lines# where the interior angle formed by such intersecting #street lines# is 45 degrees or less. However, such regulations shall not apply to any #building# fronting upon the north side of Willoughby Street between Gold Street and the Flatbush Avenue Extension.
(2/2/11)

Map 4 (Street Wall Continuity and Mandatory Sidewalk Widenings) in Appendix E of this Chapter specifies locations where the sidewalk widening regulations of this Section apply. Such regulations shall apply to all #developments# and to those horizontal #enlargements# where the #enlarged# portion of the #building# contains a #floor area ratio# of 3.0 or more.

All #buildings# that front upon the southerly #street line# of Willoughby Street between Adams Street and the Flatbush Avenue Extension shall provide a five foot deep sidewalk widening along the full frontage of the #zoning lot# along Willoughby Street. Such sidewalk widening shall be improved as a sidewalk to Department of Transportation standards, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. For the purposes of applying the height and setback regulations of Section 101-22, inclusive, and the #street wall# location requirements of Section 101-41, the sidewalk widening line shall be considered to be the #street line#.
(2/2/11)

Where a #development# is constructed on a #zoning lot# that contains at least 5,000 square feet of #lot area# and fronts on a sidewalk containing a stairway entrance or entrances into a subway station, the existing entrance or entrances shall be relocated from the #street# onto the #zoning lot#. For the purposes of this Section, a #development# shall not include an #extension#. The new entrance or entrances shall be provided in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR). The subway stations where such improvements are required are listed in the following table and shown on Map 7 (Subway Station Improvement Areas) in Appendix E of this Chapter.

Station                                                               Line
Court Street-Borough Hall Eastern Parkway/
Montague Street Tunnel
Dekalb Avenue 4th Avenue/Brighton
Hoyt Street Eastern Parkway
Hoyt-Schermerhorn Street Crosstown/Fulton Street
Jay Street-MetroTech Culver/Fulton Street
Lawrence Street Montague Street Tunnel
Nevins Street Eastern Parkway
Atlantic Avenue-Pacific Street 4th Avenue
(3/22/16)

The provisions of Article II, Chapter 5, and Article III, Chapter 6 (ACCESSORY OFF-STREET PARKING AND LOADING REGULATIONS), shall apply, except that the #accessory# parking requirements of Section 25-23 (Requirements Where Group Parking Facilities Are Provided) shall be modified to require #accessory# off-street parking spaces for at least 20 percent of the total number of new #dwelling units#. However, such modification shall not apply in R6B Districts.
(3/22/16)

Along the #streets# specified on Map 5 (Curb Cut Restrictions) in Appendix E of this Chapter, no curb cuts for parking facilities or loading berths shall be permitted.

However, the City Planning Commission may, by authorization, permit a curb cut, on a #street# specified on Map 5, for parking facilities and loading berths on a #zoning lot# that does not have access or egress on another #street#, provided that such curb cut will not unduly inhibit surface traffic or result in conflict between pedestrian and vehicular circulation, and will result in a good overall site plan.
(3/22/16)

The provisions of this Section shall apply to parking facilities created after December 10, 2012, or for parking facilities enlarged by 50 or more spaces after December 10, 2012. For the purpose of determining required reservoir spaces, fractions equal to or greater than one-half resulting from the calculations in this Section shall be considered one reservoir space.
  1. Attended parking facilities

    Attended #accessory# parking facilities, #public parking garages# or #public parking lots# with more than 25 parking spaces shall provide the following amount of off-street reservoir space at the vehicular entrance:

    1. for parking facilities with more than 25 parking spaces and up to 50 parking spaces: five percent of the total number of parking spaces;

    2. for parking facilities with more than 50 parking spaces and up to 100 parking spaces: ten percent of the total number of parking spaces;

    3. for parking facilities with more than 100 parking spaces and up to 200 parking spaces: ten parking spaces; and

    4. for parking facilities with more than 200 parking spaces: five percent of the total number of parking spaces. However, such number of reservoir spaces need not exceed 50.

  2. #Automated parking facilities#

    For #automated parking facilities#, off-street reservoir space at the vehicle entrance shall be provided as set forth in paragraph (a) of this Section.

    Each individual parking location where a driver is permitted to leave a vehicle for transfer to a mechanized automobile storage and retrieval unit shall constitute one reservoir space. Additional reservoir spaces may be located where drivers queue to access such locations for vehicle transfer.

    In addition, the number of reservoir spaces required pursuant to paragraph (a) of this Section may be reduced where the Commissioner of Buildings determines that the operational characteristics of such #automated parking facility# warrant such a reduction.

  3. Self-parking facilities

    For self-parking #accessory# parking facilities, #public parking garages# and #public parking lots#, where entering vehicles are required to stop at a mechanically-operated barrier before entering the parking facility, such barrier shall be placed a minimum of 20 feet beyond the #street line#.
(3/22/16)

(3/22/16)

#Public parking garages# with 225 or fewer spaces shall be permitted as-of-right, provided that such garages are, except for entrances and exits, entirely below the level of any #street# or #publicly accessible open area# upon which such facility, or portion thereof, fronts. In addition to a maximum number of 225 public parking spaces, such garages may include required #accessory# parking spaces, which may be provided at any level. Any #accessory# parking spaces that are not required shall be included with all other public parking spaces in such #public parking garage# for the purpose of applying any regulations in this Resolution relating to the number or location of parking spaces in such #public parking garage#.
(3/22/16)

Section 36-57 (Accessory Off-Street Parking Spaces in Public Garages) shall be modified to allow #accessory# off-street parking spaces in any #public parking garage developed# after December 10, 2012, provided such off-site spaces comply with the provisions of Section 101-56 (Location of Off-Site Parking Spaces).
(3/22/16)

The provisions of this Section shall apply to parking facilities created after December 10, 2012, or for parking facilities enlarged by 50 or more spaces after December 10, 2012. For all #accessory# parking garages and #public parking garages#, the following safety features shall be provided at all vehicular exit points:
  1. a ‘stop’ sign which shall be clearly visible to drivers. Such signage shall comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) for a conventional single lane road; and

  2. a speed bump, which shall be located within the exit lane of the parking facility. Such speed bump shall:

    1. span the entire width of such exit lane;

    2. have a minimum of two inches in height, as measured from the adjoining grade of the exit lane, and a maximum depth of 12 inches; and

    3. be located a minimum of four feet beyond the #street line#, as measured perpendicular to the #street line#.
(3/22/16)

Within an enclosed attended parking facility with parking lift systems, for individual lifted trays upon which a vehicle is stored, each tray upon which a vehicle is stored shall be considered 153 square feet of #floor area#, except if located in portions of a #building# exempt from the definition of #floor area# pursuant to Section 12-10 (DEFINITIONS).
(3/22/16)

For an #automated parking facility#, the minimum size of spaces regulated in Sections 25-62 (Size and Location of Spaces) and 36- 351 (Size of spaces) shall not apply.

For the purpose of calculating parking spaces in #automated parking facilities#, each tray upon which a vehicle is stored shall constitute one off-street parking space. However, auxiliary parking trays may be exempted from constituting a parking space where the Commissioner of Buildings determines that such auxiliary parking trays are needed to routinely store and retrieve vehicles for the efficient operation of such #automated parking facility#.

Within an #automated parking facility#, each tray upon which a vehicle is stored shall be considered 153 square feet of #floor area#, except if located in portions of a #building# exempt from the definition of #floor area# pursuant to Section 12-10 (DEFINITIONS).
(3/22/16)

Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas) shall not apply to #public parking garages#. In lieu thereof, the City Planning Commission may permit:
  1. a #public parking garage# that does not comply with the provisions of Section 101-531 (Public parking garages), provided that such garage complies with all other applicable regulations set forth in Section 101-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS); and

  2. floor space on one or more #stories#, up to a height of 23 feet above #curb level#, to be exempted from the definition of #floor area# as set forth in Section 12-10.
In order to grant a special permit for such #use# or #floor area# exemption, the Commission shall find that:

  1. such #use# will be compatible with the surrounding area, and will not adversely affect the growth and development of #uses# comprising vital and essential functions in the general area within which such #use# is to be located;

  2. the proposed materials and articulation of the #street wall# of the parking facility are compatible with #buildings# in the surrounding area;

  3. the ground floor level of such parking facilities that front upon #streets# with a width of 60 feet or more, or that front upon public access areas, is occupied by #commercial#, #community facility# or #residential uses# that generate activity on all such adjoining #streets# or public areas, except at the entrances and exits to the parking facility. Where site planning constraints make such #uses# infeasible, the parking facility shall be screened from such adjoining #streets# or public access areas with a strip at least five feet deep, densely planted with shrubs or trees that are at least four feet high at the time of planting and that are of a type which may be expected to form a year-round dense screen, at least six feet high, within three years. Where such screening is not desirable, a total of at least 50 percent of the exterior #building# wall with adjacent parking spaces shall consist of opaque materials that include graphic or sculptural art, or living plant material;

  4. any floor space above the ground floor level utilized for parking is located, to the greatest extent feasible, behind #commercial#, #community facility# or #residential floor area#, so as to minimize the visibility of the parking facility from adjoining #streets# with a width of 60 feet or more, or public access areas. Any exterior wall of the parking facility visible from an adjoining #street# or public access area shall be articulated in a manner that is compatible with #buildings# in the surrounding area;

  5. such #use# will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow and that the #streets# providing access to such #use# will be adequate to handle the traffic generated thereby;

  6. such #use# and its vehicular entrances and exits are so located as to draw a minimum of vehicular traffic to and through residential #streets# in nearby areas; and

  7. if any floor space is exempted from the definition of #floor area#, such additional floor space is necessary to prevent excessive on-street parking demand and relieve traffic congestion.
The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including limitations on #signs#, or requirements for shielding of floodlights, or locations of entrances and exits.
(3/22/16)

The provisions of Section 36-46 (Restrictions on Use of Accessory Off-Street Parking Spaces) shall apply, provided that all #Commercial Districts# within the #Special Downtown Brooklyn District# shall be considered a C6 District for the purposes of such Section, inclusive. However, the provisions of this Section shall not apply within the Atlantic Avenue Subdistrict.
(3/22/16)

Sections 25-50 and 36-40 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) shall apply, except that where the #use# generating the parking requirement and the #zoning lot# providing the parking spaces are both within the #Special Downtown Brooklyn District#, Sections 25-521 and 36-421 (Maximum distance from zoning lot) shall be modified to permit #accessory# parking spaces to be located up to 2,500 feet from the #zoning lot# occupied by the #residences# to which they are #accessory#.
(6/28/04)

(6/28/04)

The general goals of the Fulton Mall Subdistrict include, among others, the following purposes:
  1. to foster and promote the orderly expansion of retail development so that Downtown Brooklyn will enhance its position as a major regional shopping center, provide an increasing number of employment opportunities and encourage the development of a desirable shopping and working environment;

  2. to complement public improvements in the area implemented either directly or indirectly by the City of New York by encouraging private investment in signs, facades and new development that will enhance the visual appearance and character of structures in the vicinity of Fulton Mall;

  3. to create an attractive shopping environment in the vicinity of the Fulton Mall, the construction of which will implement a plan for improved pedestrian and vehicular circulation; and

  4. to encourage a desirable urban design relationship between each building and the Fulton Mall.
Any erection of a new #sign#, or alteration (including a change in graphic representation on an existing #sign#), reconstruction or replacement of an existing #sign#, shall be subject to the special #sign# regulations of this Section, inclusive. (6/28/04)

(6/28/04)

Except for projecting #signs# that comply with the provisions of Section 101-131 (Permitted projection), all permitted #signs# in the Fulton Mall Subdistrict shall be subject to the applicable provisions of Section 32-64 (Surface Area and Illumination Provisions), Section 101-612 (Sign band) and this Section.
(2/2/11)

  1. #Sign# located within the #sign# band

    A #commercial# establishment located on the ground floor of a #building# may have one #sign# located on each #street# frontage within a #sign# band as defined in this Section.

    The #sign# band shall have a lower limit of 10 feet, 0 inches above #curb level# and an upper limit coincident with the bottom of the lowest window sill on the second floor of a #building#, but in no event more than 15 feet, 0 inches above #curb level#. A #sign# located within the #sign# band may be applied directly to the surface of a #building# or to a #sign# board affixed to the surface of a #building#. If a #sign# board is employed, such #sign# board shall be entirely within the #sign# band, shall be mounted horizontally, shall have a uniform color over its entire surface excluding perimeter frame or trim and shall extend the full length of the #street wall# of the establishment to which it is #accessory#, except that such #sign# board may be interrupted by vertical architectural elements such as columns, pilasters or other integral architectural elements. Any background material shall be considered as a #sign# board, unless it extends the full length of the #street wall# of a #building# (or that portion of a #building# occupied by the establishment) and the full height of the #building# up to the topmost cornice. On #corner lots#, a #sign# or #sign# boards shall be the same vertical dimension and shall be mounted at the same height above the #curb level# on both #street# frontages.

    If more than one #commercial# establishment is located on the ground floor of a #building#, the #signs# located within the #sign# band #accessory# to each such establishment shall consist of letters and symbols of approximately the same size for each establishment, either applied directly to the surface of the #building# or to a common #sign# board affixed to the surface of a #building#.

    As of March 16, 1978, the owner or lessee of a #building# with more than one ground floor establishment shall be responsible (unless the #sign# is applied directly to the surface of the #building#) for specifying the requirements of a common #sign# board, which shall include but are not limited to, vertical dimension, mounting height, background color, material, whether illuminated and method of illumination (if applicable) which shall be the same for each establishment and shall be adhered to by each establishment employing a #sign# board.

    A #sign accessory# to #uses# on the upper floors of a #building# may be located within the #sign# band when it directs attention to a ground floor entrance of an establishment located on the upper floors of a #building#.

  2. #Signs# located below the #sign# band

    #Signs accessory# to #commercial# establishments located on the ground floor of a #building# may be located between #curb level# and 10 feet, 0 inches above #curb level#. #Signs# in #show windows#, on doors, or on transoms above doors, shall not occupy more than 20 percent of the total area of such #show windows#, doors or transoms above doors in which they are displayed, and are limited to writing (including letter, word or numeral) not more than eight inches high. Such #sign# shall be applied directly to #show windows#, doors or transoms above doors, without background, or to a transparent panel hung behind the plane of the #show window# surface, door or transom above a door. Non-flashing #illuminated signs# (such as neon, etc.) shall be permitted providing that such #signs# are essentially transparent, i.e., without background or enclosure.

    Incidental #signs#, identifying store name, address and hours of operation shall not exceed ten square feet (including background) for an individual #sign# and shall not exceed, in aggregate (square feet), one-fifth the #street# frontage of the establishment but in no event more than 50 square feet for #interior# or #through lots# or 50 square feet on each frontage for #corner lots#.

    An establishment located above the ground floor of a #building# that has an entrance on the ground floor may have one #sign# directing attention to the entrance.

  3. #Signs# located above the #sign# band

    #Signs accessory# to #commercial# establishments which occupy space above the ground floor of a #building# may be located between 20 feet, 0 inches and 40 feet, 0 inches above #curb level#. Such establishments may have #signs# in windows provided that such #sign# does not occupy more than 30 percent of the window to which it is applied, that the remainder of the window is transparent, and that all such #signs# for an establishment have similar size and style of writing, pictorial representation, emblem or any other figure of similar character. #Commercial# establishments which occupy space above the ground floor may have one #sign# located above the #sign# band which is applied directly to the surface of a #building# or to a #sign# board affixed to the surface of a #building#. If a #sign# board is employed, such #sign# board shall be mounted horizontally, shall have a uniform color over its entire surface, excluding perimeter frame and trim, and shall not be located between windows. The total #surface area# of all #signs# located above the #sign# band shall not exceed three times the #street# frontage of the #zoning lot# (in feet) but in no event more than 200 square feet on each frontage.

    No #sign# or #sign# board shall extend above the parapet wall or shall obscure any cornice or window.
(6/28/04)

Except as further defined by the regulations of the #Special Downtown Brooklyn District#, permitted #signs# are limited to the following message:
  • store name;

  • symbol or logo;

  • address;

  • date of establishment; and

  • description of product or service offered.
(6/28/04)

#Signs# may be illuminated by either:
  1. internal illumination; or

  2. an external source that shall be so arranged that it projects no more than 12 inches from the #sign# it illuminates, and so that no direct rays of light are projected into adjoining #buildings# or the #street#. No #flashing signs# are permitted nor are flashing or rotating light sources except #illuminated signs# that indicate the time, temperature, weather or other similar information, pursuant to the definition of #flashing sign# in Section 12- 10.
(6/28/04)

Temporary #signs# relating to sales or events of limited duration not to exceed 45 days may be displayed in a #show window# of a #building#. Such #signs# must be removed after the last day of the sale or event to which they pertain. Temporary #signs# shall not occupy more than 20 percent of the surface area of the window in which they are displayed.
(6/28/04)

When a change of #use# or occupancy occurs within the Fulton Mall Subdistrict, all #signs# pertaining to the previous #use# or occupancy shall be removed within 45 days of the date such change takes place.
(6/28/04)

"For sale" or "for rent" #signs#, with an area not exceeding 12 square feet, are permitted.
(6/28/04)

In the Fulton Mall Subdistrict, Section 52-80 (REGULATIONS APPLYING TO NON-CONFORMING SIGNS) shall not apply. In lieu thereof, certain #non-conforming signs# may be continued until June 30, 1980, providing that after that date such #nonconforming signs# shall terminate and shall be removed in their entirety, including any supporting structure, frame or device. Such #signs# shall include:
  • #advertising signs#;

  • #flashing signs#;

  • #signs# located more than 40 feet above #curb level#;

  • roof #signs#;

  • #signs# extending above a parapet;

  • #signs# obscuring cornices and windows;

  • double or multi-faced #signs#; and

  • #signs# that project across a #street line# more than 12 inches.
Any #sign#, as of January 1, 1978, that forms an integral part of the surface of a #building or other structure# (such as a #sign# carved in stone, cast in metal or molded in terra cotta on a #building# whose facade is of such material) shall not be subject to the provisions of this Section.
(6/28/04)

Within the Fulton Mall Subdistrict, any change of #use# to another #use# listed in the same or another Use Group shall be subject to the special #use# regulations of Section 101-10, the special #sign# regulations of Section 101-61, inclusive, and the special transparency provisions of Section 101-12.

On application, the City Planning Commission may authorize minor modifications of the regulations of Sections 101-61, inclusive, and 101-12 and 101-62, inclusive, governing #signs#, transparency and facades within the Fulton Mall Subdistrict, upon the Commission's finding that the proposed modifications are in conformity with the principles of good design and are not inconsistent with the purposes of this Chapter.
(6/28/04)

(6/28/04)

Any alteration to, or reconstruction of, the facade of an existing #building# shall be subject to the regulations of this Section, inclusive, but only to the extent of such work.
(6/28/04)

Any alteration, #incidental alteration# or minor work done to the #street wall# of any #building# or portion of any #building# shall be accomplished in such matter that:
  1. such #street wall# is treated with consistent materials, color and texture from the top of any ground floor windows or #sign# board to the top or the parapet, or to the bottom of a cornice if a cornice exists (access doors or panels, grilles or similar features shall be as inconspicuous as possible); and

  2. where such #street wall# treatment covers any window opening, it shall completely cover all window openings in the #street wall#; or

  3. where window openings remain uncovered, all windows shall be treated in a similar manner or, if sealed, all windows shall be covered by a panel set at least two inches behind the plane of the wall. Except where the material used to seal window openings is the same as the wall of the #building#, the window panel shall have a single color over its entire surface. All such window panels shall have the same color.
(12/10/12)

The parking regulations of Section 101-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS) shall apply, except as set forth in this Section, inclusive.
(6/28/04)

In no case shall vehicular access and egress for #accessory# offstreet parking, public parking facilities, permitted or required #accessory# off-street loading berths or the service entrance to a #building#, be located within 50 feet of Fulton Street or DeKalb Avenue within the Fulton Mall Subdistrict. No curb cuts are permitted within the Fulton Mall Subdistrict within 50 feet of Fulton Street or DeKalb Avenue.
(6/28/04)

The Commissioner of Buildings may waive any requirement in this Chapter that #accessory# off-street parking or loading berths be provided where the Commissioner finds that the required parking or loading cannot be provided consistent with Section 101-631 (Restricted access and prohibition on curb cuts).
(6/28/04)

(6/28/04)

In order to enhance the visual quality of the Atlantic Avenue Subdistrict, the following additional regulations shall apply to all #signs# within the Subdistrict.
(6/28/04)

The general goals of the Atlantic Avenue Subdistrict include, among others, the following purposes:
  1. to protect the existing scale and form of development on Atlantic Avenue, characterized by three- and four-story attached buildings with shops, built in the 19th century;

  2. to preserve and enhance street life by maintaining a mix of residential and commercial uses, encouraging a variety of retail and service uses while limiting automotive service uses; and

  3. to protect desirable architectural features of certain buildings by establishing design guidelines for renovation or alteration.
(6/28/04)

The total #surface area# and number of all permitted #signs#, including non-#illuminated# and #illuminated signs#, shall not exceed the limitations set forth for non-#illuminated signs# in Section 101-712 (Area of non-illuminated signs).
(2/2/11)

The total #surface area# (in square feet) of non-#illuminated signs# on a #zoning lot# shall not exceed three times the #street# frontage of the #zoning lot# (in feet), and in no event shall exceed 150 square feet for #interior# or #through lots# or 150 square feet on each frontage for #corner lots#. Each #commercial# establishment shall be permitted not more than one #sign#. The vertical dimension of any #sign# shall not exceed 3 feet, 0 inches. The provisions of this Section shall not apply to projecting #signs# that comply with the provisions of Section 101-131 (Permitted projection).
(6/28/04)

The total #surface area# (in square feet) of #illuminated signs# on a #zoning lot# shall not exceed two times the #street# frontage of the #zoning lot# (in feet), and in no event shall exceed 50 square feet for #interior# or #through lots# or 50 square feet on each frontage for #corner lots#. The vertical dimension on any #illuminated sign# shall not exceed 2 feet, 6 inches, nor shall #illuminated signs# project more than 10 inches from the surface to which they are affixed.
(6/28/04)

Permanent window graphics may not occupy more than 20 percent of the total area of the window in which they are displayed. If such a permanent window graphic has letters more than three inches high, it shall count as a #sign#.
(6/28/04)

If more than one #commercial# establishment is located on the same floor of a #building#, the #signs accessory# to all such establishments, except for projecting #signs# that comply with the provisions of Section 101-131 (Permitted projection), shall be of equal height and mounted or painted on a common #sign# board. All #signs# or common #sign# boards shall be located as follows:
  1. if #accessory# to #uses# on the ground floor of a #building#, the #sign# or common #sign# board shall be located within a band extending the full length of the #street wall#, which band shall have a lower limit of 8 feet, 0 inches above the ground floor and an upper limit coincident with the bottom of the lowest window sill on the second floor, but in no event more than 16 feet, 0 inches above #curb level#;

  2. if #accessory# to #uses# on the upper floor of a #building#, the #sign# or common #sign# board shall be located between the highest window lintel of the floor on which the #use# is located and the lowest window sill of the floor above, but in no case more than 25 feet above #curb level#;

  3. no #sign# may be located so as to obscure any cornice, except that a non-#illuminated sign# may be attached to a cornice if such #sign# consists of individual letters, emblems or figures mounted on open metal mesh attached to the cornice and finished to match the cornice, providing that the cornice remains visible; and

  4. no #sign# or common #sign# board shall extend above the parapet wall or roof of the #building# on which it is displayed.
(6/28/04)

#Signs# may be fabricated of any opaque material that does not have a glossy or reflective surface, except that glossy translucent material may be used:
  1. in areas where the intent is to imitate or replace glass, as in transoms; or

  2. for individual letters in internally-lit #illuminated signs#.
Background colors for #signs# or common #sign# boards shall be limited to black, navy blue, dark green, maroon or bronze.
(6/28/04)

For purposes of Sections 101-70 through 101-75, inclusive, concerning the Atlantic Avenue Subdistrict, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 101-01 or in this Section.

Any #building# within the Atlantic Avenue Subdistrict erected prior to 1900, that has:
  1. a front wall for the full width of the #zoning lot# for a height of from two to five #stories#;

  2. a front wall of brick or stone, erected coincident with, or within five feet of, the #street line#, with windows at each #story# and a cornice at the parapet level; and

  3. a storefront at the #basement# or ground floor.
A list of the #buildings# within the Atlantic Avenue Subdistrict that conform to the definition of #specified building type# appears in Appendix A of this Chapter.

Specified storefront type

Any storefront which is part of a #building# of the #specified building type# that has:
  1. #show windows# projecting beyond the front wall of the #building#, occupying a total area of at least 35 square feet and a sill height of not more than 3 feet, 0 inches and a total height of not less than 8 feet, 0 inches, measured from #curb level#; and

  2. a projecting cornice above the storefront for its full width.
A list of #buildings# within the Atlantic Avenue Subdistrict having storefronts that conform to the definition of #specified storefront type# appears in Appendix B of this Chapter.
(6/28/04)

(2/2/11)

The underlying height and setback regulations shall apply, except that the front wall of any #building# shall be coincident with the #street line# for a minimum height above #curb level# of 16 feet and, in a C2-4 District mapped within an R6A District, a maximum height above #curb level# of 50 feet or, in a C2-4 District mapped within an R7A District, a maximum height above #curb level# of 60 feet.
(6/28/04)

(2/2/11)

Any alteration, #incidental alteration# or minor work (including any change in, addition to, or removal from, the parts or materials of a #building#, including finishes) done to the front wall of any #building# of the #specified building type# shall comply with the following standards:
  1. Alteration or reconstruction of storefronts shall comply with the provisions of Section 101-734.

  2. Front walls which are replaced shall be erected to the same height and at the same location as the original walls. Replacement or repair of front walls shall be done with the same material as the original walls, except that stone may be replaced by another material finished in such a manner as to match the appearance of the original walls. Finishes and colors of front walls shall be of an approved type, as indicated in Appendix C of this Chapter.

  3. Front walls which are replaced shall have windows at each floor, the area of which shall comply with the provisions of Section 101-733 (Special provisions for development and enlargement). Such windows shall have stone or precast lintels and sills having a minimum height of six inches and extending at least four inches beyond the window opening on either side. Existing window openings above the ground floor may not be reduced in size but may be completely sealed if the window area provisions of Section 101-733 are met. Such openings shall be completely sealed with masonry recessed at least two inches behind the wall and finished to match the wall. New windows shall be double-hung, fixed or casement sash finished in an approved manner, as indicated in Appendix D of this Chapter.

  4. No existing cornice shall be removed unless required by the Department of Buildings. A cornice that must be removed shall be replaced by a new cornice having the same height, length and projection beyond the surface of the wall and finished in an approved color, as indicated in Appendix D of this Chapter.
(2/2/11)

Any alteration, #incidental alteration# or minor work done to the front wall of any #building# not of the #specified building type#, shall comply with the following standards:
  1. alteration or replacement of storefronts shall comply with the provisions of Section 101-734; and

  2. alteration or replacement of front walls shall comply with the provisions of Sections 101-721 (Height and setback) and 101-733 (Special provisions for development and enlargement).
(2/2/11)

The front wall of any #development# or #enlargement#, or the front wall of any #building# where the height or width of a #street wall# is proposed to be increased, shall be built to comply with the following standards:
  1. The front wall shall extend along the full length of the Atlantic Avenue #street line#. It may be interrupted at the ground level by entrances or exits for off-street parking or loading spaces permitted pursuant to Section 101-744 (Special permit for public parking garages or public parking lots).

    Front wall recesses are permitted for architectural purposes provided that the aggregate length at the level of any #story# does not exceed 25 percent of the length of the front wall where such recesses are permitted. The depth of such recesses shall not exceed three feet. No recesses are permitted within 20 feet of the intersections of two #street lines# forming an angle of 100 degrees or less.

  2. Windows shall occupy at least 35 percent of the wall area at the level of any #story# above the ground floor. (For the purposes of calculation, the wall height at any #story# shall be measured between the floor and ceiling of that #story#).

  3. Window and door framing trim shall be finished in an approved color as indicated in Appendix D of this Chapter.
(2/2/11)

No storefront of the #specified storefront type# shall be demolished unless its demolition is required by the Department of Buildings. Reconstruction or repair of storefronts of the #specified storefront type# shall be done in such a manner as to retain or restore the original design and materials, except that plate glass may be replaced by transparent plastic. Such storefronts shall be finished in an approved manner, as indicated in Appendix D of this Chapter.

New storefronts installed in any existing or new #building# shall comply with Section 101-12 (Transparency Requirements) and the following standards:
  1. A storefront installed in a #building# of the #specified building type# shall occupy at least the same area of the front wall as the original storefront. A storefront installed in any other #building# shall occupy the entire frontage of the front wall devoted to #commercial uses#.

  2. Storefront entrance doors shall be set back a minimum of 2 feet, 0 inches behind the vertical surface of the #show windows#. A minimum of 50 percent of the door area shall be transparent glazed.

  3. In the case of existing #buildings#, no existing cornice above a storefront shall be demolished unless required by the Department of Buildings. A cornice which is removed shall be replaced by a cornice having the same length, height and projection beyond the surface of the front wall. In any #building# of the #specified building type# where the original cornice above the storefront has been previously removed, any new storefront shall incorporate a cornice or fascia extending the full length of the store front and having a minimum height of 2 feet, 0 inches.

  4. All framing elements, trim elements, doors, etc., of the storefront shall be finished in an approved manner, as indicated in Appendix D.

  5. Any awning or canopy attached to a #building# with a storefront which incorporates a cornice shall be attached in such manner as not to obscure or cover the cornice.
(12/10/12)

The provisions of Section 101-50 (OFF-STREET PARKING AND OFFSTREET LOADING REGULATIONS), inclusive, shall not apply within the Atlantic Avenue Subdistrict.
(2/2/11)

No #accessory# off-street parking facilities are required for any #residential# or #commercial development#, or portion thereof, within the Atlantic Avenue Subdistrict. In no case shall the number of permitted #accessory# off-street parking spaces for #residential use# exceed 40 percent of the number of #dwelling units#. All #accessory# parking spaces shall be designed and operated exclusively for the long term storage of private passenger motor vehicles used by the occupants of such #residences#.

In no case shall curb cuts for vehicular access be located on Atlantic Avenue or on a #street# within 50 feet of its intersection with the #street line# of Atlantic Avenue. No offsite #accessory# off-street parking facilities for any #use# shall be permitted within the Atlantic Avenue Subdistrict.

The parking requirements set forth in Section 25-31 or 36-21 shall not apply to any #development# for which the Commissioner of Buildings has certified that there is no way to provide the required parking spaces with access to a #street# in conformity with the provisions of this Section.
(6/28/04)

Any permitted #accessory# off-street parking area, regardless of size or location, shall be screened from all adjoining #zoning lots# and #streets# by screening that complies with the provisions of Section 36-56 (Screening) and which, in the case of a wall or barrier or uniformly-painted fence, is finished in an approved color as indicated in Appendix D of this Chapter.
(2/2/11)

Curb cuts for vehicular access to #accessory# off-street loading berths shall not be located on Atlantic Avenue or on a #street# within 50 feet of its intersection with the #street line# of Atlantic Avenue. However, the City Planning Commission may, by authorization, permit a curb cut on Atlantic Avenue, provided that:
  1. such curb cut is a relocation of an exiting curb cut on the #zoning lot#; and

  2. such curb cut will not unduly inhibit surface traffic and pedestrian flow along Atlantic Avenue.
The loading berth requirements of Section 25-72 or 36-62 shall not apply to any #development# for which the Commissioner of Buildings has certified that there is no way to provide the required loading berths with access to a #street# in conformity with the provisions of this Section.

All #accessory# off-street loading berths shall be enclosed within a #building#.
(2/2/11)

The City Planning Commission may grant a special permit for #public parking garages# or #public parking lots# with a capacity of not more than 100 spaces, provided that the regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening), are met and that no roof parking is permitted. The Commission may permit floor space on one or more #stories#, and up to a height of 23 feet above #curb level#, to be exempted from the definition of #floor area# set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such #use#, the Commission shall make the following findings:
  1. such #use# is so located as to draw a minimum of vehicular traffic to and through local #streets# in nearby residential areas;

  2. such #use# has adequate reservoir space at the vehicular entrance to accommodate a minimum of 10 automobiles or 20 percent of the spaces so provided, whichever amount is less; and

  3. where any floor space is exempted from the definition of #floor area#, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion.
(2/2/11)

Except in the case of #buildings# that are unsafe and the demolition of which is required pursuant to the provisions of Chapter 26, Title C, Part I, Article 8, or its successor, of the New York City Administrative Code, no demolition permit shall be issued by the Department of Buildings for any #development# within the Special District until:
  1. the owner of the property has obtained a building application approval for the new #development# or #enlargement#; and
  2. the owner shall have presented evidence of having a commitment from a domestic bank, insurance company or real estate investment company, for construction financing, which shall be in the form of a letter trust.
(6/17/13)

(3/22/16)

In order to support a concentration of cultural #uses# and public open spaces in the C6-2 District bounded by Flatbush Avenue, Hanson Place, St. Felix Street and Lafayette Avenue, for #buildings# intended to be occupied in whole or in part by cultural #uses#, the City Planning Commission may permit the maximum #community facility floor area ratio# to be increased from 6.5 to 7.0, may permit modifications of the special #street wall# location regulations of Section 101-41, and the height and setback regulations of Section 23-641 as applied to the #residential# portion of a #building#, and modifications of applicable #sign# regulations in accordance with this Section.

For the purposes of this Section, “cultural use” shall be defined as public or non-profit libraries, theaters, museums, visual or performing arts spaces, or art, music, dance, theatrical studios or other comparable #uses# and space occupied by such cultural #use# shall qualify as #community facility floor area#.

In order to grant such special permit, the conditions of paragraph (a) and the findings of paragraph (b) shall be met. In addition, special regulations pertaining to the certificate of occupancy of such #building# shall apply as set forth in paragraph (c).
  1. Conditions

    1. A letter from the Office of the Mayor shall be submitted certifying that:

      1. a preliminary agreement has been executed providing for a cultural facility consisting of at least 40,000 square feet of interior gross square feet in the #building# to be transferred for cultural #uses# and for the construction of the core and shell of such cultural facility by the applicant; and

      2. floor plans have been provided to the Office of the Mayor which demonstrate that the cultural facility is well-suited for cultural #uses#; and

    2. A legal commitment in the form of a declaration of restrictions shall be executed and delivered to the City for recording upon the approval of the permit, restricting use of the #floor area# to be occupied by cultural #uses# to cultural #use# for the life of the related #development#, provided, that in the event the majority of the #zoning lot# containing such #floor area# is in the ownership of a not-for-profit corporation under contract with the City to provide economic development services at the time of the grant of such permit, execution and recordation of such declaration of restrictions shall be made at the time of the transfer of ownership of the majority of such #zoning lot# for purposes of facilitating the related #development#.

  2. In order to grant such permit, the Commission shall find that:

    1. the #building#, including such cultural #uses#, is designed and arranged on the #zoning lot# in a manner that results in ample visibility of and access to the cultural #uses# from surrounding #streets#;

    2. any #street wall# modifications will facilitate access to #open space# on the lot and result in a #development# that activates the pedestrian environment;

    3. any #bulk# modifications will result in a better distribution of #bulk# on the #zoning lot# by providing for increased light and air to #open space# on the #zoning lot#;

    4. the appearance of #bulk# is minimized through an enhanced articulation of the base and tower elements of the #building#, an enhanced relationship between the #building# and the #open space# on the #zoning lot#, and an enhanced amount and arrangement of the fenestration of the #building#; and

    5. any modifications to #sign# regulations will result in greater visibility for the cultural #uses# provided on the #zoning lot#.

    The City Planning Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the #development# and to minimize adverse effects on the character of the surrounding area.

  3. Certificate of occupancy

    The Commissioner of Buildings shall not issue a temporary or permanent certificate of occupancy for more than an amount of #floor area# in the #building# equal to the #floor area# to be occupied by non-cultural #uses# minus 40,000 square feet of #floor area# unless the Department of Buildings has received a letter from the Office of the Mayor certifying that a deed transferring ownership of a majority of the #zoning lot# has been recorded and that such deed or other recorded document provides for:

    1. the construction by transferee of the core and shell of the cultural facility described in paragraph (a)(1)(i) of this Section;

    2. the creation of a condominium unit for such cultural facility and the transfer of ownership thereof to the City; and

    3. a right of the transferor to re-enter and re-acquire the #zoning lot# should the applicant fail to complete the construction of the core and shell of the cultural facility.

    Should the certification by the Office of the Mayor not be issued within 30 days of the recording of the deed or other document with the stated provisions, a copy of such deed or document may be provided to the Department of Buildings in satisfaction of such certification.
(6/28/04)

The following is a list of addresses of #buildings# within the Atlantic Avenue Subdistrict of the #Special Downtown Brooklyn District# that conform to the definition of #specified building type# contained in Section 101-702.

Block 176
Atlantic Avenue (NS): 305, 311, 313, 315, 317, 321, 323, 325, 327, 329

Block 177
Atlantic Avenue (NS): 347, 349, 351, 355, 365-7, 369, 371, 373, 375, 377, 377A, 385, 387, 389, 395

Hoyt Street (ES): 75, 77

Block 178
Atlantic Avenue (NS): 405, 407, 409

Block 179
Atlantic Avenue (NS): 455, 457, 477, 479, 481, 483, 485, 487, 491, 495, 497, 499, 501
Third Avenue (ES): 31-31A

Block 180
Atlantic Avenue (NS): 565, 567, 569, 571, 573
Times Plaza: 2, 6, 8, 10, 12
Flatbush Avenue: 112, 114, 116, 118, 122

Block 181
Atlantic Avenue (SS): 214, 220, 228, 232, 234

Block 182
Atlantic Avenue (SS): 294, 296, 298, 300, 302, 304-6, 308, 320, 322, 324, 326, 334, 336, 338, 340

Block 183
Atlantic Avenue (SS): 348, 352, 356, 358, 360, 362, 364-64A, 370, 372, 374, 376, 378, 380, 394, 396, 398, 400, 402

Block 184
Atlantic Avenue (SS): 404, 406, 408, 410, 412, 414, 416, 418, 420, 426, 442, 444, 446, 448, 450

Block 185
Atlantic Avenue (SS): 490, 492, 514

Block 186
Atlantic Avenue (SS): 558, 560

Block 278
Atlantic Avenue (SS): 278, 290
Court Street (ES): 141, 143, 145
  • (SS) - south side
  • (NS) - north side
  • (ES) - east side
(6/28/04)

The following list of addresses of #buildings# within the Atlantic Avenue Subdistrict of the #Special Downtown Brooklyn District# which contain storefronts conforming to the definition of #specified storefront type# contained in Section 101-702.

Block 177
Atlantic Avenue (NS): 371, 375, 377, 377A
Hoyt Street (ES): 75, 77

Block 178
Atlantic Avenue (NS): 405, 407, 409

Block 179
Atlantic Avenue (NS): 483, 501, (easterly of 2 storefronts)

Block 181
Atlantic Avenue (SS): 232

Block 182
Atlantic Avenue (SS): 302 (westerly of 2 storefronts), 322, 340

Block 183
Atlantic Avenue (SS): 358, 360, 362, 364-364A, 370, 372, 394, 396, 398, 402

Block 189
Atlantic Avenue (SS): 404, 406, 408, 410, 412, 416, 420, 426

Block 185
Atlantic Avenue (SS): 492

Block 278
Atlantic Avenue (SS): 278
  • (SS) - south side
  • (NS) - north side
  • (ES) - east side
(2/2/11)

Brick: New brick shall be red or dark brown, unglazed, with normal variation in color permitted. Existing brick shall either be cleaned and left unfinished or painted one of the colors listed below.

Stucco: Stucco shall have a smooth troweled finish and shall be painted one of the colors listed below.

Stone: Stone shall be left natural or painted one of the colors listed below.

Paint Colors: Paints shall be limited to the colors listed.
  • White Limestone

  • Red Brick

  • Green

  • Blue

  • Light Yellow

  • Dark Yellow
(2/2/11)

Wood: All wood should be painted one or more of the colors listed below.

Metal: All metal should be painted one or more of the colors listed below, except that aluminum may have a dark bronze or black duranodic finish.

Paint Colors: Paints shall be limited to the colors listed, and should be of the semi-gloss low luster variety.
  • White Cream

  • Dark Red

  • Ochre

  • Dark Blue

  • Dark Brown
(4/30/08)

Map 1 Special Downtown Brooklyn District and Subdistricts



Map 2 Ground Floor Retail Frontage



Map 3 Ground Floor Transparency Requirements



Map 4 Street Wall Continuity and Mandatory Sidewalk Widenings



Map 5 Curb Cut Restrictions



Map 6 Height Limitation Areas



Map 7 Subway Station Improvement Areas (2/2/11)

(10/24/74)

The "Special Scenic View District" (hereinafter also referred to as the "Special District"), established in this Resolution, is designed to promote and protect public health, safety, and general welfare. These general goals include, among others, the following specific purposes:
  1. to preserve, protect and prevent obstruction of outstanding scenic views as seen from a mapped public park or an esplanade or a mapped public place directly accessible to the public; and

  2. to promote the most desirable use of land and direction of building development, to assure the maintenance and enhancement of the aesthetic aspects of scenic views, to conserve the value of land and buildings and to protect the City's tax revenues.
(2/2/11)

Definitions specially applicable to this Chapter are set forth in this Section. The definitions of other defined terms are as set forth in Section 12-10 (DEFINITIONS).

Scenic view

A "scenic view" is an outstanding or unique view from a mapped #public park# or an esplanade or a mapped public place which is protected by the regulations of this Chapter. #Scenic views# shall be limited to:
  1. distant landscapes of scenic grandeur which contain natural features such as hills, palisades or similar features;

  2. outstanding views of large bodies of water such as rivers, streams, lakes, harbors, waterfalls or similar aquatic features; or

  3. panoramic views of the waterfront profile of the skyline formed by built and natural elements.
The minimum horizontal distance between the #scenic view# and a #view reference line# shall be at least 1,500 feet and shall not contain distractions which reduce the quality of such view. The specific view to be preserved under the regulation of this #Special Scenic View District# shall be described and made part of this Chapter.

View framing line

The "view framing line" is a line or lines which establish the outer edge of the #scenic view# to be protected. For each #scenic view#, the #view framing line# or #lines# and their elevation are to be located and identified and made part of this Chapter.

View plane

A "view plane" is an imaginary plane above which no obstruction shall be permitted within a #Special Scenic View District# unless authorized by the City Planning Commission. Position of the #view plane# may be conical surfaces. Such #view plane# or #planes# are established by joining the #view reference line# with the #view framing lines# as illustrated below:



#View planes# and their elevation, length and slopes applicable to each #Special Scenic View District# are to be located and identified and made part of this Chapter.

View reference line

The "view reference line" is a line within a mapped #public park# or an esplanade or a mapped public place from which at any point an outstanding #scenic view# may be observed. A #view reference line# and its elevation applicable to each #Special Scenic View District# are to be located and identified and made part of this Chapter.

The mapped #public park# or an esplanade or a mapped public place in which such #view reference line# is located shall be directly accessible from a #street#.
(2/2/11)

In harmony with the general purpose and intent of this Resolution and the general purposes of the #Special Scenic View District#, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. Except as so modified, all the applicable regulations of the underlying districts shall be in effect.

#Special Scenic View Districts# may be mapped only in areas where the control of the height of a #building or other structure#, including #signs#, is necessary to preserve outstanding #scenic views# from a mapped #public park# or an esplanade or a mapped public place.
(2/2/11)

An application to the City Planning Commission for a special permit pursuant to Section 102-30, shall include maps, plans or other documents showing topography, elevations, and site plans showing arrangement and spacing of #buildings or other structures#, and other information necessary to determine the impact of the proposal on the #scenic view# to be protected.
(2/2/11)

In all cases, the City Planning Commission shall deny a special permit application whenever the proposal will interfere with a public improvement project (including highways, public #buildings# and facilities), redevelopment or renewal projects, or rights-of-way for sewers, transit, or other public facilities) which is approved by or pending before the Board of Estimate, the City Planning Commission, or the Site Selection Board as determined from the calendar of each such agency issued prior to the date of the public hearing on the application for a special permit.
(2/2/11)

Notwithstanding any other provisions of this Resolution, no portion of any #building or other structure# hereafter constructed, or of any #sign# hereafter erected, or of any existing #building or other structure# hereafter relocated, #enlarged# or reconstructed, shall penetrate a #view plane# unless authorized by the City Planning Commission, pursuant to Section 102-30 (SPECIAL PERMIT PROVISIONS).
(10/24/74)

If an existing #building or other structure# which penetrates the #view plane# of a #Special Scenic View District# is damaged, destroyed or demolished by any means, such #building or other structure# may be reconstructed provided that such reconstruction shall not create a new #non-compliance# nor increase the preexisting degree of #non-compliance#.
(10/24/74)

The requirements of this Section shall apply to #zoning lots#, any portion of whose finished ground elevation is within 30 feet of the elevation of the #view plane# located above the #zoning lot#. At the time of filing with the Department of Buildings, for any application for an excavation permit or a building permit for a #development# or #enlargement# or site improvement on such #zoning lots# within a #Special Scenic View District#, a landscaping plan shall be submitted to the City Planning Commission indicating that future landscaping on the site will not impair #scenic views# from the #view reference line#. Such plan shall indicate existing topography, trees, shrubs, #buildings or other structures# and proposed landscaping. All future landscaping on the site shall be in accordance with the approved landscaping plan on file with the Commission. The Commission shall submit a copy of the approved landscaping plan to the Department of Buildings or other appropriate city agency having jurisdiction.
(2/2/11)

On all #zoning lots# located entirely or partially within a #Special Scenic View District#, the City Planning Commission, by special permit, may allow penetration by a #sign# or #building or other structure# of a #view plane# and grant minor modifications of #open space#, #lot coverage#, #yards# and height and setback regulations of the underlying district. As a condition for such modifications, the Commission shall find:
  1. that any penetration of a #view plane# shall not significantly obstruct the #scenic view# which is to be protected by the provisions of this Chapter;

  2. that any penetration of a #view plane# will cause the minimal obstruction consistent with reasonable development and #bulk# distribution on the #zoning lot#; and

  3. that any #bulk# modifications on a #zoning lot# will not affect adversely any other #zoning lots# outside the development, by restricting access of light and air.
In reaching a determination for such modifications, the Commission shall be guided by the description of the #scenic view# to be made part of this Chapter at the time of the designation of a #Special Scenic View District#.

The Commission may prescribe appropriate conditions and safeguards to protect the #scenic view# and to minimize the adverse effects on the character of the surrounding areas.
(10/24/74)

When a #Special Scenic View District# is designated on a #public park# or portion thereof, any future landscaping, erection of new #signs# or #buildings or other structures#, thereon, shall not penetrate a #view plane# unless authorized by the City Planning Commission. As a condition for such authorization, the Commission shall find that any penetration of a #view plane# shall not significantly obstruct the #scenic view# which is to be protected by the provisions of this Chapter.
(10/24/74)

For any #development# or site improvement on a city-owned #zoning lot# located within a #Special Scenic View District#, the provisions of this Chapter shall apply except that modifications permitted under Section 102-30 (SPECIAL PERMIT PROVISIONS) may be approved by authorization of the City Planning Commission.
(10/24/74)

(10/24/74)

The SV-1 "Brooklyn Heights Scenic View District" is hereby established. The regulations of Sections 102-00 to 102-50, inclusive, as well as the regulations of this Section, inclusive, shall be applicable in this Special District.
(10/24/74)

The boundaries of the SV-1 District as shown on the #zoning maps# shall be interpreted in accordance with the following description.

The SV-1 District is bounded by:
  1. the #view reference line# located along the westerly face of the Brooklyn Heights Promenade;

  2. the northwesterly edge of the #view plane# which forms an angle of 160 degrees measured in a horizontal plane with respect to the #view reference line# at point A;

  3. the southwesterly edge of the #view plane# which forms an angle of 145 degrees, measured in a horizontal plane, with respect to the #view reference line# at point A1; and

  4. the pierhead line which is located between the intersection of the northwesterly and southwesterly #view framing lines# and the pierhead line.
(10/24/74)

The #view reference line# of the SV-1 Special District is a line at an elevation of 66 feet located along the westerly vertical face of the Brooklyn Heights Promenade and which is approximately 4 feet above the Promenade. The #view reference line# is formed by joining two end points, A and A1, as shown in Diagram 1.

Point A is located at the intersection of the westerly face of the Promenade and the prolongation of the north side of Orange Street.

Point A1 is located 50 feet north of the intersection of the westerly face of the Promenade and the prolongation of the north side of Remsen Street.
(10/24/74)

The #view framing line# of the SV-1 Special District is a line which establishes the outer edge of the #scenic view# to be protected. The two extreme ends of the #view framing line# are points B and B4 (Diagram 1).

The elevation of the #view framing line# at all points between B and B1 is 2.5 feet as shown in Diagram 2.
(10/24/74)

The #view plane# of the SV-1 Special District is an imaginary plane formed by joining the elevation of the #view reference line# with the elevation of the #view framing line# as shown in Diagram 2. The horizontal distance between the #view reference line# and the #view framing line# is 2,300 feet. Those portions of the plane formed by points A, B3, B4 and A1, B1, B2 are conical surfaces.
(10/24/74)

The #scenic view# to be protected pursuant to the provisions of this Section includes: the panoramic view of the lower Manhattan skyline which includes such landmarks as the Brooklyn Bridge archway, the South Street Seaport, the Whitehall Ferry Terminal, and the vistas of the Statue of Liberty and Governor's Island.


SV-1 BROOKLYN HEIGHTS SCENIC VIEW DISTRICT
(6/10/09)

The "Special Planned Community Preservation District" (hereinafter referred to as the "Special District"), established in this Resolution, is designed to promote and protect the public interest, general welfare and amenity. These general goals include, among others, the following specific purposes:
  1. to preserve and protect the Special Districts as superior examples of town planning or large-scale development;

  2. to preserve and protect the character and integrity of these unique communities which, by their existing site plan, pedestrian and vehicular circulation system, balance between buildings and open space, harmonious scale of the development, related commercial uses, open space arrangement and landscaping add to the quality of urban life;

  3. to preserve and protect the variety of neighborhoods and communities that presently exist which contribute greatly to the livability of New York City;

  4. to maintain and protect the environmental quality that the Special District offers to its residents and the City-atlarge; and

  5. to guide development within each of the Special Districts that is consistent with the existing character, quality and amenity of the Special Planned Community Preservation District.
(2/2/11)

The City Planning Commission has established the #Special Planned Community Preservation District# in areas that:
  1. have a land area of at least 1.5 acres;

  2. contain a minimum of three #buildings#;

  3. were designed and substantially #developed# as a unit under the regulations of the Zoning Resolution prior to December 15, 1961; and

  4. include considerable clustered #open space# and related #commercial uses# available to all residents of the District.
The Commission has found that existing site plans resulted in superior functional relationships of #buildings#, #open spaces#, pedestrian and vehicular circulation systems, including parking facilities, and other amenities all together creating an outstanding planned residential community.
(6/10/09)

The #Special Planned Community Preservation District# areas are as follows, and are each indicated by the letters "PC" on the #zoning maps#:
  • Fresh Meadows in the Borough of Queens

  • The Harlem River Houses in the Borough of Manhattan

  • Parkchester in the Borough of the Bronx

  • Sunnyside Gardens in the Borough of Queens.
(2/2/11)

In harmony with the general purpose and intent of this Resolution and the general purposes of the #Special Planned Community Preservation District#, no #development#, #enlargement#, or substantial alteration of landscaping or topography, shall be permitted within the Fresh Meadows, Harlem River Houses and Parkchester areas, except by special permit of the City Planning Commission, pursuant to Sections 103-11 (Special Permits for Bulk and Parking Modifications) and 103-12 (Special Permit for Landscaping and Topography Modifications). No demolition of #buildings# shall be permitted within the Fresh Meadows, Harlem River Houses and Parkchester areas, unless it is an unsafe #building# and demolition is required pursuant to the provisions of Chapter 26, Title C, Part I, Article 8, of the New York City Administrative Code, or its successor, except that such demolition may be permitted pursuant to a development plan for which a special permit has been granted under the provisions of Sections 103-11 (Special Permits for Bulk and Parking Modifications) and 103-12 (Special Permit for Landscaping and Topography Modifications).

Special regulations for the Sunnyside Gardens area are set forth in Section 103-20, inclusive.
(2/2/11)

  1. For any #development# or #enlargement#, either of which may include demolition, within a #Special Planned Community Preservation District#, the City Planning Commission, by special permit, may allow:

    1. the unused total #floor area#, #dwelling units# or #rooming units# permitted by the applicable district regulations for all #zoning lots# within the development to be distributed without regard for #zoning lot lines#;

    2. the total #open space# or #lot coverage# required by the applicable district regulations for any #zoning lots# within the development to be distributed without regard for #zoning lot lines#;

    3. minor variations in the #yard# regulations required by the applicable district regulations;

    4. minor variations in the height and setback regulations required by the applicable district regulations;

    5. modifications of the minimum spacing requirements consistent with the intent of the provisions of Section 23-71 (Minimum Distance Between Buildings on a Single Lot); or

    6. permitted or required #accessory# off-street parking spaces, driveways or curb cuts to be located anywhere within the development, without regard to #zoning lot lines# or the provisions of Sections 25-621 (Location of parking spaces in certain districts) and 25-631 (Location and width of curb cuts in certain districts), subject to the findings of Section 78-41 (Location of Accessory Parking Spaces).

  2. In order to grant such special permits, the City Planning Commission shall make the following findings:

    1. that the #development# or #enlargement# relates to the existing #buildings or other structures# in scale and design, and that the #development# will not seriously alter the scenic amenity and the environmental quality of the community;

    2. that the #development# or #enlargement# be sited in such a manner as to preserve the greatest amount of #open space# and landscaping that presently exists, consistent with the scale and design of the existing development, the landscaping surrounding the new landscaping arrangement, and conditions of the community;

    3. that the #development# or #enlargement# be sited in such a manner that it will not require at that time, or in the foreseeable future, new access roads or exits, off-street parking or public parking facilities that will disrupt or eliminate major portions of #open space# and landscaping or will generate large volumes of traffic that will diminish the environmental quality of the community; and

    4. that minimal landscaping be removed during construction and such areas will be fully restored upon completion of construction.

  3. Notwithstanding the provisions of paragraph (a)(6) of this Section, where the requirement for #accessory# off-street parking spaces, driveways or curb cuts can only be accommodated in such a manner that the functioning of the existing planned community is substantially injured, the City Planning Commission shall authorize waiver of all or part of the required parking.
The City Planning Commission may prescribe appropriate conditions and safeguards, including covenants running with the land which shall permit public or private enforcement reflecting terms, conditions and limitations of any special permit in order to minimize adverse effects on the character and quality of the community. The Commission may advise and recommend special conditions or modifications in the plans submitted by applicants in order to conform to the intentions of the #Special Planned Community Preservation District#.
(6/10/09)

No substantial modifications of existing topography or landscaping, including plantings, shall be permitted within the Special District except where such modifications are approved by special permit of the City Planning Commission.
(6/10/09)

An application to the City Planning Commission for the grant of a special permit respecting any #development# or #enlargement# or substantial modification of landscaping or topography to be made within the Special District, shall include the existing and proposed site plan showing the location and the scale of the existing and proposed #buildings or other structures#, the location of all vehicular entrances and exits and off-street parking facilities, the changes that will be made in the location and size of the #open space#, and such other information as may be required by the Commission. The submission shall include a landscaping plan, building sections and elevation and an appropriate model of the planned community.
(2/2/11)

At the time of any transfer of development rights which has been authorized by special permit under Section 103-11, the owners of #zoning lots# to which and from which development rights are transferred shall submit to the City Planning Commission a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer.

Notice of the restrictions upon further development of the lots to which development rights and from which development rights are transferred shall be filed by the owners of the respective lots in the place and county designated by law for the filing of deeds and restrictions on real property, a certified copy of which shall be submitted to the Commission.

Both the instrument of transfer and the notice of restrictions shall specify the total amount of #floor area# to be transferred, and shall specify, by lot and #block# numbers, the lots from which and the lots to which such transfer is made.
(6/10/09)

In order to further protect and enhance the character of the Sunnyside Gardens area within the #Special Planned Community Preservation District#, the regulations of this Section, inclusive, shall supersede the regulations of the #Special Planned Community Preservation District# and the underlying zoning districts, as applicable.

The special permit provisions of Sections 103-11 (Special Permits for Bulk and Parking Modifications) and 103-12 (Special Permit for Landscaping and Topography Modifications) shall not apply within the Sunnyside Gardens area of the Special District.
(2/2/11)

Notwithstanding any other provisions of this Resolution, #bulk# regulations applicable to the underlying #Residence# and #Commercial Districts#, or modified within the Special District, are hereby further modified to the extent set forth in this Section, inclusive.
(2/2/11)

In the Sunnyside Gardens area of the Special District, the #floor area# regulations of the underlying #Residence# and #Commercial Districts# shall not apply. In lieu thereof, the maximum #floor area ratio# permitted for #residential#, #commercial# and #community facility uses#, separately or in combination, shall be 0.75, which may be increased by up to 20 percent to a maximum #floor area ratio# of 0.9, provided that any such increase in #floor area# is located under a sloping roof which rises at least three and one half inches in vertical distance for each foot of horizontal distance, and the structural headroom of such #floor area# is between five and eight feet.
(2/2/11)

In the Sunnyside Gardens area of the Special District, the density regulations of the underlying #Residence# and #Commercial Districts# shall not apply. In lieu thereof, the density factor for #dwelling units# shall be 900.
(2/2/11)

In the Sunnyside Gardens area of the Special District, the height and setback regulations for R4 Districts as set forth in Article II, Chapter 3, shall apply in #Residence# and #Commercial Districts#.
(2/2/11)

In the Sunnyside Gardens area of the Special District, the #yard# regulations for R4 Districts as set forth in Article II, Chapter 3, shall apply in #Residential# and #Commercial Districts#
(6/10/09)

In the Sunnyside Gardens area of the Special District, the off-street parking regulations of Article II, Chapter 5, pertaining to R4 Districts, shall be applicable for all #residential# and #community facility uses#, subject to the provisions of Section 103-23 pertaining to curb cuts.
(6/10/09)

Curb cuts shall not be permitted within the Sunnyside Gardens area of the Special District, except on the east side of 50th Street, within 100 feet of its intersection with 39th Avenue.
(12/19/07)

The “Special Manhattanville Mixed Use District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
  1. encourage the development of a mixed use neighborhood that complements a revitalized community-oriented waterfront;

  2. support a variety of community facility, commercial and manufacturing uses;

  3. provide opportunities for the expansion of large academic, scientific and mixed use facilities in a manner that benefits the surrounding community;

  4. strengthen the retail and service character and economic vitality of the neighborhood by encouraging active ground floor uses along Broadway, West 125th Street and 12th Avenue;

  5. facilitate the maximum amount of design flexibility while fulfilling the goals of the mixed use district;

  6. improve the physical appearance of the streetscape by providing and coordinating harmonious open space, sidewalk amenities and landscaping within a consistent urban design;

  7. strengthen the visual corridors along West 125th Street and other east-west corridors that connect the community to the waterfront;

  8. expand local employment opportunities;

  9. recognize, preserve and promote the existing historic transportation infrastructure of the neighborhood;

  10. promote the most desirable use of land in this area and thus conserve the value of land and buildings, and thereby protect the City’s tax revenues.
(12/19/07)

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Lower street wall

“Lower street wall” is that portion of the #street wall# of a #building# that extends from grade to the height set forth in Section 104-33, paragraph (a).

Mandatory widened sidewalk

A “mandatory widened sidewalk” is a paved area along the #front lot line# of a #zoning lot# at the same elevation as the adjoining sidewalk and directly accessible to the public at all times. #Mandatory widened sidewalks# are shown on Map 3 (Widened Sidewalk Lines) in Appendix A of this Chapter.

Mandatory widened sidewalk line

A “mandatory widened sidewalk line” is the line shown on Map 3 in Appendix A of this Chapter.

Upper street wall

“Upper street wall” is that portion of the #street wall# of a #building# that extends from the #lower street wall# to the maximum #building# height set forth for each Parcel in the Base Plane and Building Height Table in Appendix B of this Chapter, or the height of the #building#, whichever is less.
(10/9/13)

In harmony with the general purposes and content of this Resolution and the general purposes of the #Special Manhattanville Mixed Use District#, the regulations of this Chapter shall apply within the Special District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in #flood zones#, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.
(12/19/07)

The regulations of this Chapter are designed to implement the #Special Manhattanville Mixed Use District# Plan.

The District Plan includes the following maps and illustrative diagrams in Appendix A of this Chapter:

    Map 1           Special Manhattanville Mixed Use District and Subdistricts

    Map 2

    Subdistrict A Block Plan

    Map 3

    Widened Sidewalk Lines

    Map 4

    Street Wall Types and Locations

    Map 5

    Parcel Designation and Maximum Building Heights

    Map 6

    Ground Floor Use and Frontage

    Map 7

    Mandatory Open Areas


The District Plan includes the following table in Appendix B of this Chapter:
  • Base Plane and Building Height Table
These maps, diagrams and table are hereby incorporated and made part of this Resolution for the purpose of illustrating requirements or specifying locations where the special regulations and requirements set forth in the text of this Chapter apply.
(12/19/07)

In order to carry out the provisions of this Chapter, three subdistricts are established, as follows:
  • Subdistrict A – Academic Mixed Use Area

  • Subdistrict B – Waterfront Area

  • Subdistrict C – Mixed Use Development Area
The location of the subdistricts of the #Special Manhattanville Mixed Use District# is specified on Map 1 in Appendix A of this Chapter.
(12/19/07)

The #use# regulations of the underlying C6 Districts are modified in Sections 104-11 through 104-18, inclusive.
(2/2/11)

The #residential use# regulations of the underlying C6-1 District are modified, as follows.

In Subdistrict A, a #residential use# may locate in the same #building#, or #abut# a #building# containing a #use# listed in Section 104-132 (Use Groups 16, 17 and 18), only in accordance with the certification provisions of Section 104-14.
(3/22/16)

The #community facility use# regulations of the underlying C6-1 and M1-2 Districts are modified, as follows:
  1. in Subdistrict A, a #community facility use# with sleeping accommodations, as listed in this Section, may locate in the same #building#, or #abut# a #building# containing a #use# listed in Section 104-132 (Use Groups 16, 17 and 18), only in accordance with the certification provisions of Section 104-14:
    • College or school student dormitories or fraternity or sorority student houses

    • #Long-term care facilities#

    • Monasteries, convents or novitiates

    • Non-profit hospital staff dwellings without restriction as to location on the same #zoning lot#

    • Non-profit or voluntary hospitals and related facilities

    • Philanthropic or non-profit institutions with sleeping accommodations;

  2. in Subdistrict B, #uses# listed in Use Groups 3 and 4 permitted in the underlying M1-2 District, pursuant to Sections 42-10 (Uses Permitted As-of-Right) and 74-921 (Use Groups 3A and 4A community facilities), shall be limited to 5,000 square feet of #floor area# per establishment.
(12/19/07)

In Subdistricts A and C, the #commercial# and #manufacturing use# regulations of the underlying C6 Districts are modified as set forth in Section 104-132 (Use Groups 16, 17 and 18).

In Subdistrict B, the #commercial use# regulations of the underlying M1 District are modified as set forth in Section 104-131 (Use Group 6A).
(12/19/07)

In Subdistrict B, the provisions of Section 42-12 (Use Groups 3A, 6A, 6B, 6D, 6F, 7B, 7C, 7D, 7E, 8, 9B, 9C, 10A, 10B, 10C, 11, 12A, 12C, 12D, 12E, 13, 14 and 16), shall be modified to permit food stores, including supermarkets, grocery stores or delicatessen stores, without limitation as to #floor area# per establishment.
(2/2/11)

In Subdistricts A and C, the following #uses# in Use Groups 16, 17 and 18 are permitted, subject to the performance standards for an M1 District set forth in Section 42-20 (PERFORMANCE STANDARDS).

Such #uses# may locate in the same #building#, or in an #abutting building# containing a #residential use# or a #community facility use# with sleeping accommodations listed in Section 104-12 (Community Facility Use Modifications), only in accordance with the certification provisions of Section 104-14.

From Use Group 16A:
  • Animal hospitals or kennels

  • Automobile, motorcycle, trailer or boat sales, enclosed only

  • Carpentry, custom woodworking or custom furniture making shops

  • Motorcycle or motor scooter rental establishments, enclosed only

  • Trade schools for adults
From Use Group 16B:
  • Automobile, truck, motorcycle or #trailer# repairs

  • Automobile laundries, provided that the #zoning lot# contains reservoir space for not less than ten automobiles per washing lane

  • #Automotive service stations#, open or enclosed, provided that facilities for lubrication, minor repairs or washing are permitted only if located within a #completely enclosed building#
From Use Group 16C:
  • Commercial or public utility vehicle storage, open or enclosed, including #accessory# motor fuel pumps

  • Public transit yards, open or enclosed, including #accessory# motor fuel pumps
From Use Group 16D:
  • Moving or storage offices, with no limitation as to storage or #floor area# per establishment

  • Warehouses

  • Wholesale establishments, with no limitation on #accessory# storage
From Use Group 17A:
  • Produce or meat markets
From Use Group 17B:
  • Advertising displays

  • Apparel or other textile products, from textiles or other materials, including hat bodies or similar products

  • Ceramic products, including pottery, small glazed tile or similar products

  • Food products, except slaughtering of meat or preparation of fish for packing

  • Leather products, including shoes, machine belting or similar products

  • Luggage

  • Musical instruments, including pianos or organs

  • Optical equipment, clocks or similar precision instruments

  • Perfumes or perfumed soaps, compounding only

  • Printing or publishing, with no limitation on #floor area# per establishment

  • Scenery construction

  • Textiles, spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread or cordage

  • Toys

  • Wood products, including furniture, boxes, crates, baskets, pencils, cooperage works or similar products
From Use Group 17C:
  • Public transit, railroad or electric utility substations, open or enclosed, with no limitation as to size
From Use Group 18A:
  • Manufacturing of beverages, alcoholic or breweries
(2/2/11)

In Subdistrict A, a #use# listed in Section 104-132 (Use Groups 16, 17 and 18) and a #residential use# or a #community facility use# with sleeping accommodations listed in Section 104-12 (Community Facility Use Modifications) may locate in the same #building#, or in an #abutting building#, only upon certification by a licensed architect or a professional engineer to the Department of Buildings stating that the #commercial# or #manufacturing use#:
  1. does not have a New York City or New York State environmental rating of “A,” “B” or “C” under Section 24-153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and

  2. is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.
(3/22/16)

For the purposes of this Section, ground floor level shall mean the floor of a #building#, the level of which is located at, or within five feet of, the finished level of the adjacent sidewalk, or the adjacent #mandatory widened sidewalk#, as applicable. In the locations specified on Map 6 (Ground Floor Use and Frontage) in Appendix A of this Chapter, the ground floor #use# and frontage regulations of this Section shall apply to any #development# or change of #use# located on the ground floor level of a #building or other structure#, or any #enlargement# that increases the #floor area# of the ground floor level of a #building# by more than 25 percent.

A minimum of 75 percent of the length of a #street wall# on the ground floor level shall be limited to #uses# listed in Section 104- 16 (Use Group MMU) and shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses). Such #uses# shall be located at the #street wall#. In no event shall the length of #street# frontage occupied solely by lobby space or entryways exceed, in total, 40 feet.

All such #developments#, #enlargements# and changes of #use# on the ground floor of a #building or other structure# (other than a change of #use# on the ground floor of a #building# located on Parcels E2 or G2, as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A) shall comply with the transparency requirements of Section 104-41.
(12/19/07)

Use Group MMU comprises a group of #uses# selected from Use Groups 3, 4, 6, 7, 8, 9, 10, 12 and 17, as modified, including any of such #uses# that are #accessory# to a college or university and open to the public.

From Use Group 3:
  • Libraries, museums or non-commercial art galleries
From Use Group 4A:
  • Ambulatory diagnostic or treatment health care facilities

  • Community centers or settlement houses

  • Non-commercial recreation centers
From Use Group 6A:
  • Bakeries, provided that #floor area# used for production shall be limited to 750 square feet per establishment

  • Barber shops

  • Beauty parlors

  • Drug stores

  • Dry cleaning or clothes pressing establishments or receiving stations dealing directly with ultimate consumers, limited to 2,000 square feet of #floor area# per establishment, and provided that only solvents with a flash point of not less than 138.2 degrees Fahrenheit shall be used, and total aggregate dry load capacity of machines shall not exceed 60 pounds

  • Eating or drinking establishments, including those which provide outdoor table service or have music for which there is no cover charge and no specified show time

  • Food stores, including supermarkets, grocery stores, meat markets or delicatessen stores

  • Hardware stores

  • Laundry establishments, hand or automatic self-service

  • Liquor stores, package

  • Post offices

  • Shoe or hat repair shops

  • Stationery stores

  • Tailor or dressmaking shops, custom

  • Variety stores, limited to 10,000 square feet of #floor area# per establishment
From Use Group 6B:
  • Veterinary medicine for small animals, provided all activities are conducted within a #completely enclosed building#
From Use Group 6C:
  • Antique stores

  • Art galleries, commercial

  • Artists' supply stores

  • Automobile supply stores, with no installation or repair services

  • Banks

  • Bicycle sales

  • Book stores

  • Candy or ice cream stores

  • Carpet, rug, linoleum or other floor covering stores, limited to 10,000 square feet of #floor area# per establishment

  • Cigar or tobacco stores

  • Clothing or clothing accessory stores, limited to 10,000 square feet of #floor area# per establishment

  • Clothing rental establishments, limited to 10,000 square feet of #floor area# per establishment

  • Dry goods or fabrics stores, limited to 10,000 square feet of #floor area# per establishment

  • Eating or drinking establishments with entertainment, but not dancing, with a capacity of 200 persons or fewer

  • Eating or drinking establishments with musical entertainment, but not dancing, with a capacity of 200 persons or fewer

  • Electrolysis studios

  • Fishing tackle or equipment, rental or sales

  • Florist shops

  • Furniture stores, limited to 10,000 square feet of #floor area# per establishment

  • Furrier shops, custom

  • Gift shops

  • Interior decorating establishments, provided that #floor area# used for processing, servicing or repairs shall be limited to 750 square feet per establishment

  • Jewelry or art metal craft shops

  • Leather goods or luggage stores

  • Loan offices

  • Locksmith shops

  • Medical or orthopedic appliance stores

  • Millinery shops

  • Music stores

  • Newsstands, open or enclosed

  • Optician or optometrist establishments

  • Paint stores

  • Pet shops

  • Photographic equipment or supply stores

  • Photographic studios

  • Picture framing shops

  • Record stores

  • Seed or garden supply stores

  • Sewing machine stores, selling household machines only

  • Shoe stores

  • Sporting or athletic stores

  • Stamp or coin stores

  • Telegraph offices

  • Television, radio, phonograph or household appliance stores, limited to 10,000 square feet of #floor area# per establishment

  • Toy stores

  • Travel bureaus

  • Typewriter stores

  • Wallpaper stores

  • Watch or clock stores or repair shops
From Use Group 7B:
  • Bicycle rental or repair shops

  • Moving or storage offices, with storage limited to items for retail sale and to 1,500 square feet of #floor area# per establishment

  • Refreshment stands

  • Sign painting shops, limited to 2,500 square feet of #floor area# per establishment

  • Venetian blind, window shade or awning shops, custom, limited to 2,500 square feet of #floor area# per establishment
From Use Group 8A:
  • All #uses#
From Use Group 8B:
  • Lumber stores, limited to 5,000 square feet of #floor area# per establishment, exclusive of that #floor area# used for office and display areas, and provided that not more than 400 square feet of #floor area# shall be used for cutting of lumber to size

  • Television, radio, phonograph or household appliance repair shops

  • Upholstering shops dealing directly with consumers
From Use Group 9A:
  • Automobile, motorcycle, #trailer# or boat showrooms or sales, with no repair services and with no preparation of vehicles or boats for delivery

  • Clothing or costume rental establishments

  • Musical instrument repair shops

  • Plumbing, heating or ventilating equipment showrooms, without repair facilities

  • Printing establishments, limited to 2,500 square feet of #floor area# per establishment for production

  • Public auction rooms

  • Studios, art, music, dancing or theatrical

  • Typewriter or other small business machine sales, rental or repairs

  • Umbrella repair shops
From Use Group 10A:
  • Clothing or clothing accessory stores, limited to 20,000 square feet of #floor area# per establishment

  • Office or business machine stores, sales or rental

  • Variety stores, limited to 20,000 square feet of #floor area# per establishment
From Use Group 12B:
  • Antique stores

  • Art gallery, commercial

  • Book stores

  • Candy or ice cream stores

  • Cigar and tobacco stores

  • Delicatessen stores

  • Drug stores

  • Gift shops

  • Jewelry or art metal craft shops

  • Music stores

  • Newsstands

  • Photographic equipment stores

  • Record stores

  • Stationery stores

  • Toy stores
From Use Group 17A:
  • Produce or meat markets, wholesale
From Use Group 17B:
  • Ceramic products, including pottery, small glazed tile, or similar products
#Accessory uses# to all the above #uses# are permitted.

#Physical culture or health establishments# are subject to a special permit, pursuant to Section 73-36.
(12/19/07)

The provisions of Section 74-48 (Scientific Research and Development Facility) shall not apply in the #Special Manhattanville Mixed Use District#.
(2/2/11)

In Subdistricts A, B and C, the #bulk# regulations of the underlying C6 and M1 Districts, as modified in this Chapter, shall apply.

The #floor area ratio#, #open space ratio# and #lot coverage# regulations applicable in the underlying C6 Districts are modified as set forth in Sections 104-21 through 104-25.

The #floor area ratio# regulations applicable in the underlying M1 District are modified as set forth in Section 104-22. No #floor area# bonuses shall be permitted.

Special provisions regulating change of #use# in #non-complying buildings# are set forth in Section 104-26.

The height and setback regulations of the underlying C6 Districts are superseded as set forth in Sections 104-30 through 104-34, inclusive.

The special maximum #building# height regulations for the M1-2 District are set forth in Section 104-31.

Notwithstanding the special #bulk# regulations of this Chapter, any #development# containing #dwelling units#, or college or school student dormitories as listed in Use Group 3, on Parcel H, as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter, shall comply with the height and setback regulations for an R8A District as set forth in Article II of this Resolution.
(3/22/16)

In Subdistricts A and C, the #bulk# regulations for #residential use# are modified in accordance with the provisions of this Section.

For all #zoning lots#, or portions thereof, the maximum #floor area ratio#, #open space ratio# and #lot coverage# regulations shall not apply. In lieu thereof, the provisions of this Section shall apply.

In Subdistrict A, the maximum #floor area ratio# for #residential use# shall be 3.44.

In Subdistrict C, the maximum #floor area ratio# for #residential use# shall be 6.02.

For #interior# or #through lots#, or portions thereof, the maximum #lot coverage# shall not exceed 70 percent. For #corner lots#, the maximum #lot coverage# shall be 100 percent.

The provisions of Section 23-70 (MINIMUM REQUIRED DISTANCES BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT) shall not apply.
(12/19/07)

In Subdistricts A and C, the maximum #floor area ratio# permitted for #community facility uses# shall be 6.0. #Lot coverage# requirements for #community facility uses# shall not apply.

In Subdistrict B, the maximum #floor area ratio# permitted for #community facility uses# shall be 2.0.
(12/19/07)

In Subdistricts A and C, the maximum #floor area ratio# permitted for #commercial uses# shall be 6.0, except that the maximum #floor area ratio# for #uses# in Use Group 16 listed in Section 104-132 (Use Groups 16, 17 and 18) shall be 2.0.
(12/19/07)

In Subdistricts A and C, the maximum #floor area ratio# permitted for #manufacturing uses# shall be 2.0.
(2/2/11)

When more than one #use# is located on a #zoning lot#, the maximum #floor area ratio# permitted for any #use# on such #zoning lot# shall not exceed the maximum permitted for such #use#, as set forth in Sections 104-21 through 104-24, inclusive, provided that the total of all such #floor area ratios# does not exceed the greatest #floor area ratio# permitted for any such #use# on the #zoning lot#.
(2/2/11)

  1. Change to #residential use#

    Notwithstanding the provisions set forth in Section 34-222 (Change of use) and in the last paragraph of Section 35-31 (Maximum Floor Area Ratio) regarding the applicability of #floor area ratio# and #open space ratio# regulations to a change from a non-#residential use# to a #residential use# in a #building# in existence on December 15, 1961, such #conversions# of #non-residential buildings# shall be permitted only if such #buildings# comply with all of the #bulk# regulations for #residential# or #mixed buildings#.

  2. Change to non-#residential use#

    In Subdistrict A, the provisions of Section 54-31 (General Provisions) shall not apply. In lieu thereof, a #use# listed in Use Groups 16, 17 or 18 located in a #non-complying building or other structure# may be changed to:

    1. a #use# listed in Section 104-132 (Use Groups 16, 17 and 18), subject to the performance standards for an M1 District set forth in Section 42-20, and subject to Section 104-14 (Certification Requirements), if applicable; or

    2. a #community facility use#, or an office #use# listed in Use Group 6B.

    The #bulk# regulations of the underlying C6 District as modified by the #Special Manhattanville Mixed Use District# and the regulations set forth in Section 104-40 (SPECIAL URBAN DESIGN REGULATIONS) shall not apply to the changes of #use# set forth in paragraph (b) of this Section.

    The provisions of paragraph (b) of this Section shall apply to Blocks A and C, as shown on Map 2 (Subdistrict A Block Plan) in Appendix A of this Chapter, and to Parcel D4, as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter, through December 31, 2015, and to all other Parcels and Blocks in Subdistrict A through December 31, 2030. Beginning on January 1, 2016, with respect to Blocks A and C and Parcel D4, and beginning on January 1, 2031, with respect to Parcels D1, D2, and D3, as shown on Map 5, and Blocks E, F, G, and H, as shown on Map 2, the provisions of paragraph (b) of this Section shall lapse, and the #bulk# regulations of the underlying C6 District as modified by the #Special Manhattanville Mixed Use District# and the requirements set forth in Section 104-40, shall apply to the changes of #use# set forth in paragraph (b) of this Section.
(10/9/13)

In the #Special Manhattanville Mixed Use District#, the height and setback regulations of the underlying C6 Districts shall not apply. In lieu thereof, the height and setback provisions of this Section, inclusive, shall apply in C6 Districts. In Subdistrict B, special height regulations for the underlying M1-2 District are set forth in Section 104-31, et seq.

In Subdistrict A, the height of all #buildings or other structures# shall be measured from the #base plane#. However, the provisions for establishing #base planes# set forth in Section 12-10 (DEFINITIONS) shall not apply. In lieu thereof, #base planes# are specified for each Parcel as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter. The level of the #base plane# is designated for each such Parcel in Appendix B of this Chapter. However, in #flood zones#, the level of the #base plane# shall be the #flood-resistant construction elevation#.

Wherever a #mandatory widened sidewalk line# is shown on Map 3 (Widened Sidewalk Lines) in Appendix A of this Chapter, such line shall be used instead of the #street line# for all purposes of Section 104-30, et seq.

The City Planning Commission may modify, by special permit, the special height and setback requirements of this Section pursuant to Section 104-60 (MODIFICATION OF SPECIAL BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT).
(2/2/11)

In Subdistrict A, the maximum #building# height, by Parcel, is shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter and specified in Appendix B of this Chapter. In Subdistricts B, C and the Other Area east of Broadway, the maximum #building# heights are shown on Map 5. No #building# shall exceed the maximum #building# height set forth in such Map or Appendix B of this Chapter.
(12/19/07)

The special rooftop regulations of Section 104-32, inclusive, shall apply in Subdistricts A and C.
(2/2/11)

Mechanical equipment, open or enclosed, may be located on the roof of a #building# in accordance with the following provisions:
  1. Mechanical equipment shall not exceed the maximum height of mechanical equipment specified for each Parcel as set forth in Appendix B of this Chapter and shall be measured from the roof level of the highest #story# of the #building#. Such mechanical equipment may penetrate the maximum #building# height specified for each Parcel as set forth in Appendix B.

  2. Such mechanical equipment shall be set back at least 10 feet from the #upper street wall# of the #building#. In addition, such equipment shall not penetrate a #sky exposure plane# that begins at the point of intersection of the roof and the #upper street wall# of the #building#, and rises over the #building# at a slope of 2.7 feet of vertical distance for each foot of horizontal distance, except for permitted obstructions set forth in Section 104-322. Where portions of the #upper street wall# are located at different distances from the #street line# or #mandatory widened sidewalk line#, whichever is applicable, the portion used to establish such reference line shall be the portion that occupies the greatest area of such #upper street wall#.

  3. Such mechanical equipment shall not overhang any recess in the #building# wall that is open to the sky.
(4/30/12)

The following shall not be considered obstructions and thus may penetrate the applicable maximum #building# height and the applicable maximum height for mechanical equipment set forth in Appendix B of this Chapter, and may also penetrate the #sky exposure plane# set forth in Section 104-321 (Mechanical equipment). Within 50 feet of the #upper street wall#, the width of such obstructions shall be limited in total to 10 percent of the #aggregate width of street walls# of a #building#, per #street# frontage, at any level above the maximum level of mechanical equipment as set forth in Section 104-321. Beyond 50 feet from the #upper street wall#, the permitted obstructions may occupy an area not to exceed 30 percent of the #building# coverage at the ground level. Where portions of the #upper street wall# are located at different distances from the #street line# or #mandatory widened sidewalk line#, whichever is applicable, the portion used to establish such reference line shall be the portion that occupies the greatest area of such #upper street wall#. However, in no event shall such obstructions be located within 10 feet of the #upper street wall#.
  1. Antennae and structural support thereto;

  2. Chimneys, flues, intake and exhaust vents limited to a #lot coverage# of 900 square feet with neither length nor width of any single such obstruction, nor the total length or width of all such obstructions, greater than 30 feet;

  3. Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

  4. Elevator and stair bulkheads to a maximum height of 15 feet above the permitted maximum height of mechanical equipment;

  5. Flagpoles or aerials;

  6. House of worship towers, ornamental, having no #floor area# in portion of tower penetrating such #sky exposure plane#;

  7. Parapet walls, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an opacity of not more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;

  8. Pipes and supporting structures;

  9. Railings;

  10. Roof thickness, up to eight inches, to accommodate the addition of insulation, for #buildings# or portions of #buildings# constructed prior to April 30, 2012. For a #building# that has added roof thickness pursuant to this paragraph, (j), an #enlargement# may align with the finished roof surface of such #building#, provided the #enlarged# portion does not exceed the maximum height limit by more than eight inches;

  11. Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

  12. Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be limited to a #lot coverage# not greater than 10 percent of the #lot coverage# of the roof and be located at least eight feet from the #street wall# edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;

  13. Solar energy systems:

    1. on the roof of a #building#, up to four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher;

    2. on the roof of a #building#, greater than four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least six feet from a #street wall#, limited to a #lot coverage# not greater than 25 percent of the #lot coverage# of the roof and do not exceed:

      1. a height of 15 feet; and

      2. when located on a bulkhead or other obstruction, pursuant to paragraph (d) of this Section, a height of six feet;

    3. on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the #building# wall (as viewed in elevation) from which it projects;

    However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as measured perpendicular to the roof surface;

  14. Spires or belfries;

  15. Vegetated roofs, not more than 3 feet, 6 inches in height excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;

  16. Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

  17. Window washing equipment mounted on the roof;

  18. Wire, chain link or other transparent fences.
(2/2/11)

Six types of mandatory #street walls# are established in the #Special Manhattanville Mixed Use District#, the regulations for which are set forth in Sections 104-331 through 104-336. Map 4 (Street Wall Types and Locations) and Map 5 (Parcel Designation and Maximum Building Heights), in Appendix A of this Chapter, specify locations where such regulations apply. The mandatory #street wall# requirements shall apply to any #development# and the #enlarged# portion of an existing #building#, except as set forth in paragraph (c) of this Section.

In Subdistrict A, the mandatory #street walls# specified as Street Wall Types 1, 3 and 4 consist of a #lower street wall# and an #upper street wall#, except that for #buildings# fronting on a #wide street# that do not exceed a height of 85 feet, and for #buildings# fronting on a #narrow street# that do not exceed a height of 60 feet, such #street wall# may in its entirety comply with the rules for an #upper street wall#.
  1. #Lower street wall#

    1. For Parcels D1, E1, F1, G1, G2 and H, the #lower street wall# is that portion of the #street wall# that extends from grade to a minimum height of 15 feet above the highest elevation of the #street# frontage of the #building# on Broadway and a maximum height of 55 feet above such elevation for each #street# frontage. For #buildings# without frontage on Broadway, the #lower street wall# shall be measured from the highest elevation of each such #street# frontage of such #building#;

    2. For Parcels A, C1, C4, D4, E4 and F4, the #lower street wall# of each #street# frontage of a #building# is that portion of the #street wall# that extends from grade to a minimum height of 20 feet and a maximum height of 55 feet above the highest elevation of such #street# frontage of such #building#;

    3. For Parcels C2, C3, D2, E2, E3, F2 and F3, the #lower street wall# of each #street# frontage of a #building# is that portion of the #street wall# that extends from grade to a minimum height of 20 feet and a maximum height of 45 feet above the highest elevation of such #street# frontage of such #building#. For the purposes of this Section, Parcel C2 shall be considered to have frontage only on West 130th Street.

  2. #Upper street wall#

    For all Parcels, the #upper street wall# is that portion of the #street wall# that extends from the #lower street wall# to the maximum #building# height set forth in Appendix B or the height of the #building#, whichever is less.

  3. The mandatory #street wall# requirements shall not apply to vertical #enlargements# of one #story# not exceeding 15 feet in height.

  4. Where a #building# is located on more than one Parcel, the requirements of Sections 104-331 through 104-336, with respect to the locations of the #upper street wall# and the #lower street wall#, may apply to the entire #street frontage# of the Parcels.

  5. On Parcels C3 and C4, the applicable #lower street wall# provision may be applied to the entire #building#.

  6. For a #building# within Subdistrict A, located on a portion of a Parcel where no required #street wall# is shown on Map 4, such #building# shall comply with the #street wall# requirements for a #building# on the same Parcel. For a #building# on Parcel C3, the #street wall# requirements shall be those provisions applicable to Parcel D2.
(12/19/07)

Type 1 #street walls#, as shown on Map 4 in Appendix A of this Chapter, shall comply with the provisions of this Section.
  1. The #upper street wall# shall be located anywhere within five feet of the #street line# for at least 70 percent of the #street frontage# of the Parcel and shall rise without setback to a minimum height of 85 feet above #curb level#, or the height of the #building#, whichever is less.

  2. The #lower street wall# shall be set back at least two feet but no more than 10 feet from the #upper street wall# required pursuant to paragraph (a) of this Section and shall extend along at least 70 percent of the #street# frontage of the Parcel. For Parcels D1, E1, F1, G1, G2 and H, the height of the #lower street wall# shall be not less than twice the depth of the setback of the #lower street wall# from the #upper street wall#, but not less than 15 feet.

  3. No #street wall# location regulation shall apply to the remaining 30 percent of the #street# frontage of a Parcel.

  4. At least 20 percent of the area of an #upper street wall# facing Broadway shall be recessed to a minimum depth of 10 feet.

  5. The #street wall# provisions of this Section may apply along a #narrow street# within 100 feet of its intersection of a #wide street#.
(12/19/07)

Type 2 #street walls#, as shown on Map 4 in Appendix A of this Chapter, shall comply with the provisions of either paragraph (a) or (b) of this Section.
  1. The #street wall# shall be located within two to five feet of the #street line# or the #mandatory widened sidewalk line#, whichever is applicable, and shall rise without setback to a minimum height of 45 feet. A #street wall# fronting on West 125th Street shall extend along at least 70 percent of the length of the #street line# of the Parcel; a #street wall# fronting on West 130th Street shall extend along at least 50 percent of the length of the #mandatory widened sidewalk line#. No #street wall# location regulation shall apply to the remaining 30 percent of the #street# frontage of the Parcel on West 125th Street, or to the remaining 50 percent of the #street# frontage of the Parcel on West 130th Street; or

  2. Where the #lower street wall# is set back from the #upper street wall#:

    1. the provisions of Section 104-334 (Type 4 street wall location) shall apply to #street walls# facing West 130th Street;

    2. the provisions of Section 104-331 (Type 1 street wall location) shall apply to #street walls# facing West 125th Street; and

    3. for #street walls# facing 12th Avenue, the #upper street wall# shall be located within five feet of the #mandatory widened sidewalk line# and the #lower street wall# shall be set back not more than 30 feet from the #upper street wall#.
(12/19/07)

Type 3 #street walls#, as shown on Map 4 in Appendix A of this Chapter, shall comply with the provisions of this Section.
  1. The #upper street wall# shall be located within two feet of the 12th Avenue #mandatory widened sidewalk line#, and shall extend along no more than 70 percent of the length of the #mandatory widened sidewalk line# of the Parcel. Any #upper street wall# located on the remaining portion of the #street# frontage of the Parcel shall be set back from the 12th Avenue #widened sidewalk line# by a minimum distance of either:

    1. 20 feet, if such setback area faces both 12th Avenue and a #narrow street#; or

    2. 10 feet, if such setback area faces only 12th Avenue.

  2. The #lower street wall# shall be located at the same distance from the #mandatory widened sidewalk line#, or set back not more than ten feet from the #upper street wall# required pursuant to paragraph (a) of this Section, and shall extend along at least 80 percent of the length of such required #upper street wall#. No #street wall# location regulations shall apply to the remaining portion of the #lower street wall# frontage of a Parcel.

  3. The #street wall# provisions of this Section may apply along a #narrow street# within 100 feet of its intersection of a #wide street#.
(12/19/07)

Type 4 #street walls#, as shown on Map 4 in Appendix A of this Chapter, shall comply with the provisions of this Section.
  1. The #upper street wall# shall be located within five feet of the #street line# or #mandatory widened sidewalk line#, as applicable. Such #street wall# shall extend along at least 50 percent of the length of the #street line# or #mandatory widened sidewalk line# of the Parcel, as applicable, and shall rise without setback to a minimum height of 60 feet above #curb level#, or the height of the #building#, whichever is less.

  2. The #lower street wall# shall be set back at least two feet but no more than ten feet from the #upper street wall# required pursuant to paragraph (a) of this Section and shall extend along at least 50 percent of the #street line# or #mandatory widened sidewalk line# of the Parcel, as applicable.

  3. No #street wall# location regulation shall apply to the remaining 50 percent of the #street# frontage of a Parcel.
(12/19/07)

Type 5 #street walls#, as shown on Map 4 in Appendix A of this Chapter, shall comply with the provisions of paragraph (a) or (b) of this Section:
  1. The #street wall# shall be located within two feet of the #street line# or the #mandatory widened sidewalk line#, as applicable, and shall rise without setback to a minimum height of 45 feet or the height of the #building#, whichever is less. Such required #street walls# shall extend along at least 50 percent of the length of the #street line# or the #mandatory widened sidewalk line# of the Parcel, as applicable; or

  2. Where the #lower street wall# is set back from the #upper street wall#, the provisions of Section 104-334 (Type 4 street wall location) shall apply.
No #street wall# location regulations shall apply to the remaining 50 percent of the #street# frontage of a Parcel.
(12/19/07)

Type 6 #street walls#, as shown on Map 4 in Appendix A of this Chapter, shall be located at or within 10 feet of the #street line# and shall extend along at least 70 percent of the length of the #street line# of the Parcel, and may rise to a maximum height of 120 feet. No #street wall# location regulations shall apply to the remaining 30 percent of the #street# frontage of a Parcel.
(12/19/07)

Recesses are permitted for architectural, decorative or functional purposes, provided that such recesses comply with the provisions of this Section.

For portions of the #lower street wall# required pursuant to the provisions of Section 104-33, the maximum area of recesses shall not exceed 30 percent of the area of such required #lower street wall# and the maximum depth of such recesses shall not exceed three feet.

For that portion of the #upper street wall# required pursuant to the provisions of Section 104-33, and located below a height of 85 feet on a #wide street# and 60 feet on a #narrow street#, the maximum area of recesses shall not exceed 30 percent of the area of such portion of the #upper street wall# and the maximum depth of such recesses shall not exceed three feet. However, the regulation limiting the maximum depth of such recesses to three feet, set forth in this paragraph, shall not apply to the recesses required in paragraph (d) of Section 104-331.
(12/19/07)

The special urban design regulations of this Chapter include ground floor transparency requirements, and requirements for six different types of open areas that are accessible to the public, as described in Sections 104-42 and 104-43, inclusive, and shown on Maps 3 (Widened Sidewalk Lines) and 7 (Mandatory Open Areas) in Appendix A of this Chapter.
(12/19/07)

Within Subdistrict A, the transparency requirements of paragraph (a) of this Section, subject to the modifications of paragraph (b) of this Section, as applicable, shall apply to #developments#, changes of #use# on the ground floor of a #building or other structure#, and #enlargements# that increase the #floor area# of the ground floor by more than 25 percent, but shall not apply to a change of #use# on the ground floor of a #building# located on Parcels E2 or G2, as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter.
  1. On all #streets#, at least 70 percent of the surface of the #street wall# shall be glazed, and at least 50 percent of the area of each such #street wall# shall be transparent to a minimum height of the ceiling of the ground floor, or not less than 15 feet above the finished level of the adjacent sidewalk, whichever is lower. The glazing material shall be highly transparent, with low reflectivity. Above this height, and to the top of the #lower street wall#, the #street wall# surface shall be at least 50 percent glazed and at least 30 percent transparent. Door or window openings within such walls shall be considered as transparent. Each such opening shall have a minimum width of two feet.

  2. For #street walls# where the provisions of Section 104-332 (Type 2 street wall location) apply, the required glazing at the ground floor shall apply to the minimum height of the ceiling of the ground floor, or not less than 20 feet above the finished level of the adjacent sidewalk, whichever is lower.
(12/19/07)

All mandatory open areas as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter and all open areas adjacent thereto up to the #street wall# required pursuant to the provisions of Section 104-33 (Mandatory Street Walls) shall comply with the urban design regulations of Section 104-42 through 104-43, inclusive, and shall be open and unobstructed except as specified.
(12/19/07)

  1. Map 3 (Widened Sidewalk Lines) in Appendix A of this Chapter specifies the locations of #mandatory widened sidewalks#. The depth of such #mandatory widened sidewalks# shall be as indicated on Map 3 and specified in this Section, and shall be measured perpendicular to the #street line#. #Mandatory widened sidewalks# shall be constructed at the same level as the adjoining public sidewalks and shall be accessible to the public at all times. The portions of all #mandatory widened sidewalks# used for pedestrian circulation shall be improved as sidewalks to Department of Transportation standards.

  2. Within #mandatory widened sidewalks#, landscaping and other amenities shall be permitted. #Mandatory widened sidewalks# shall be considered #streets# for the purposes of applying the provisions of the New York City Building Code governing cornices, eaves, sills and other architectural elements that project over #streets#. However, no fences shall be permitted, no planters shall be higher than two feet above the finished level of the adjacent sidewalk, and all trees shall be planted flush to grade.

  3. Adjacent area at grade between #lower street wall# and sidewalk

    #lower street wall# is required, is set back from the #mandatory widened sidewalk line# or the #street line#, whichever is applicable, the entire surface area of the ground located between the #street wall# and the public sidewalk shall comply with the standards of paragraphs (a) and (b) of this Section. Such areas may be covered and may include columns and other elements not specifically excluded pursuant to paragraph (b) of this Section.

  4. Additional regulations shall apply to the following areas and conditions:

    1. Narrow #streets#

      The #mandatory widened sidewalks# located along #narrow streets# shall be five feet wide. A paved walking path not less than 10 feet wide, which may include the public sidewalk, shall be provided. The paving surface shall be of a non-skid material, whether wet or dry.

    2. 12th Avenue

      The #mandatory widened sidewalks# located along 12th Avenue, as shown on Map 7 in Appendix A of this Chapter, shall be 30 feet wide and include a 15 foot wide area adjacent to the #street line# for the provision of an open market and a walking surface with a minimum clear path of 15 feet adjacent to the market area. The walking surface shall be of a non-skid material, whether wet or dry.

      1. Permanent, fixed elements, such as landscaping and seating, with a minimum coverage of five percent of the market area, shall be required.

      2. The following obstructions shall be permitted:

        • Temporary, moveable elements with a maximum coverage of 30 percent of the market area per #zoning lot#, such as carts, kiosks or pavilions, open or enclosed; market umbrellas; retail structures, open; and seating and other street furniture.
(2/2/11)

Midblock Open Areas shall be provided as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter. However, no Midblock Open Area is required on any #block# that is not developed as a single #zoning lot#. The Midblock Open Areas shall have a minimum width of 50 feet clear and open to the sky.

All Midblock Open Areas shall have a minimum clear path of 15 feet and shall be improved as paved surfaces of a non-skid material, whether wet or dry. A minimum of 20 percent and a maximum of 50 percent of each Midblock Open Area shall be improved with landscape treatment, including planting and other amenities. No fences shall be permitted. No walls or planters shall be higher than two feet above the finished level of the nearest adjoining sidewalk.

The full width of each Midblock Open Area shall be improved and open to the public prior to applying for and receiving a temporary certificate of occupancy for any #development# adjacent to such area. However, up to 10 feet of the width of a Midblock Open Area may be temporarily enclosed within a construction fence for the shortest period of time reasonably necessary to permit construction in the adjacent area.

For #buildings# adjacent to the Midblock Open Areas, other than a #building# located on Parcel E2 as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter, #building# walls fronting on such Midblock Open Areas shall be transparent for at least 50 percent of the area of each such wall, measured from the finished level of the adjacent pavement to the height of the ceiling of the second #story#.
(2/2/11)

An East/West Open Area shall be provided as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter. The East/West Open Area shall have:
  1. a minimum width of 60 feet and shall be open to the sky;

  2. a minimum clear path of 15 feet, which shall be improved as a paved surface of a non-skid material, whether wet or dry; and

  3. a minimum of 20 percent of its area improved with landscape treatment, including planting and other amenities. No walls or planters shall be higher than two feet above the finished level of the adjacent sidewalk.
Air intake grilles, flush to grade, shall be permitted, provided such intake grilles do not exceed 10 percent of the area of the East/West Open Area, and are concealed from public view by planting or other design features.

The full width of the East/West Open Area shall be improved and open to the public, prior to applying for and receiving a temporary certificate of occupancy for any #development# adjacent to such area.
(2/2/11)

Area of the Square

If Block D is developed as a single #zoning lot#, an open area known as “the Square,” with a minimum area of 40,000 square feet, shall be provided, connecting West 130th and West 131st Streets, as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter. This minimum area shall not include either the Midblock Open Area on Block D, or the area of the #mandatory widened sidewalks# on the West 130th and 131st Street frontages adjacent to the Square.

The Square shall be used for open space accommodating both passive recreation and limited active recreation.

#Building# transparency

The bounding #building# wall on the west side of the Square shall be transparent for 50 percent of the area of such wall, measured from the finished level of the adjacent pavement to the height of the ceiling of the second #story#.

Circulation and access

No fences or gates shall be permitted anywhere in the Square.

An unimpeded pedestrian access, with a minimum width of 15 feet, shall be provided across the Square in a generally diagonal direction in the north/south orientation, connecting the two narrow streets, with both ends located a minimum of 100 feet from the Midblock Open Area on Block D.

The Square shall provide unobstructed access from the adjoining sidewalks for at least 50 percent of the length of each street frontage of the Square. No single fixed element, within 15 feet of the #street line# of the Square, shall have a dimension greater than 15 feet or be higher than 30 inches, measured from the finished level of the adjacent sidewalk. The clear path between obstructions shall be at least three feet; however, to qualify as an unobstructed access that contributes to the 50 percent requirement set forth in this paragraph, a minimum width of five feet is required.

Elevation of the Square

The elevation of the Square shall generally follow the adjacent topography. Within fifteen feet of the #street line#, the elevation of the Square, for a minimum of 50 percent of the length of each frontage on a #street#, shall have a maximum slope of 1:15. Beyond fifteen feet from the #street line#, all open areas in the Square, including rolling or bermed lawn areas, may vary but shall not be more than five feet above or one foot below the level of the nearest sidewalk or natural topography. Paved areas shall not be higher than two feet above the level of the nearest sidewalk.

Permitted obstructions

No walls or planters shall be higher than two and one half feet above the finished level of the nearest adjoining sidewalk. No planters or planter walls shall be higher than 18 inches above the level of the adjacent grade.

Permanent structures, such as food or information kiosks, pavilions or public restrooms, may be placed in the Square, provided they do not exceed a height of 20 feet, or occupy more than three percent of the area of the Square.

Temporary or movable amenities, including elements such as trellises, movable tables, game tables, play equipment and performance facilities, are permitted, not to exceed 10 percent of the area of the Square.

Seating

A minimum of one linear foot of seating shall be provided for each 50 square feet of the Square. A minimum of 75 percent of the required seating shall be fixed; up to 25 percent may be movable. Every two and one half linear feet of fixed seating shall be considered as seating for one person.

The following standards shall apply to all required seating:
  1. fixed seating may be provided in the form of double-sided benches, which shall be a minimum of 36 inches deep;

  2. 50 percent of the fixed seats shall have backs; such backs shall be not less than 14 inches high;

  3. fixed seating shall be between 16 inches and 18 inches in height, with a minimum depth of 18 inches measured from the edge to the back; and

  4. all seating shall be made of durable material and shall be comfortable to sit on, with rounded edges of at least one inch radius.
However, other types of seating, such as the edges of planters and fountains, may count toward the required amount of seating if such seating has a minimum depth of 22 inches and is between 16 and 18 inches in height.

At least 20 percent of the required seating shall be provided within 15 feet of the #street line# of the Square fronting all #streets# and the adjacent Midblock Open Area, and arranged to encourage a variety of uses. If such Midblock Open Area is provided with seating, that frontage of the Square may be exempt from this requirement.

General requirements for trees and planting

A minimum of 50 percent of the Square shall be landscaped with soft ground cover. Soft ground cover shall include trees, grasses, shrubs and other ornamental planting material. The remaining 50 percent of the Square may be paved as hard surface.

At least 30 percent of the area of the Square shall contain a continuous planting area, with minimum soil depth of five feet. Berming is allowed provided that the height of the berm is not greater than five feet above the level of the adjoining sidewalk.

Trees

A minimum of 38 trees is required. Such trees shall measure at least four inches in caliper at the time of planting, except that trees which are multi-stem varieties shall have a minimum height of eight feet. Trees shall be planted in continuous planted areas that have a minimum depth of four feet and a minimum area of 500 square feet of soil. All trees shall be planted flush to grade. The requirements of this paragraph, (a), shall be in addition to the requirements of Section 104-422 (Midblock Open Areas).

Planting

Seasonal planting is encouraged but not required. When planting beds are provided, they can be counted towards meeting the requirement for soft ground cover. Planting beds shall have a minimum soil depth of two feet for grass or other similar ground cover and three feet for shrubs.

Other required amenities

Racks shall be provided for a minimum of 16 bicycles. Such racks shall be located in the Square within 10 feet of the #street line# or, if outside the Square, on any open area facing the Square.

Four drinking fountains, two of which shall be fully accessible for children and people with disabilities, shall be provided in the Square or on the sidewalks, #mandatory widened sidewalks# or Midblock Open Area adjacent to the Square.

Not less than 40 cubic feet of trash receptacles shall be provided. Individual containers shall not be smaller than 25 gallons each.

There shall be ten containers, at least three of which shall be for used for recycling paper, plastic and metal waste. Such recycling containers shall be located in the Square within 10 feet of the #street line# or, if outside the Square, on any open area facing the Square.

Permitted amenities

Permitted amenities include such elements as artwork and water features, which may occupy up to 10 percent of the area of the Square.

Public space signage

At least four entry and two information plaques shall be provided. The content and design of such #signs# shall comply with the standards for public space #signs# set forth in the Zoning Resolution. Information about the Square may be provided on the entry plaques.

Vents facing the square

On any #building# wall adjacent to and facing the Square, exhaust or air intake vents shall be located higher than 15 feet above the level of the Square.

Vents and stairs in the Square

Exhaust or air intake vents and stair bulkheads shall not be permitted in the Square, except as authorized by the City Planning Commission, subject to the following conditions:
  1. the top of the exhaust or intake vent shall be a minimum of 20 feet above the finished level of the adjacent grade;

  2. no single element shall be more than 200 square feet; and

  3. the aggregate area occupied by all vents and stair bulkheads shall not exceed one percent of the area of the Square.
In order to grant such authorization, the Commission shall find that:

  1. placement of such elements cannot be reasonably accommodated elsewhere on the #zoning lot#; and

  2. such vents and stair bulkheads are located so as to minimize impact on the visibility, accessibility and public use and enjoyment of the Square.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the Square.
(2/2/11)

If Block C is developed as a single #zoning lot#, an open area known as the “Small Square,” with a minimum area of 10,000 square feet, shall be provided as a passive open space, connecting West 129th and West 130th Streets. It shall be improved with paved surfaces of a non-skid material, whether wet or dry. No fences or walls shall be permitted in the Small Square.

The bounding #building# walls on all #buildings abutting# the Small Square shall be transparent for 50 percent of the area of the portion of each such wall measured from the finished level of the adjacent pavement to the height of the ceiling of the second #story#.

The Small Square shall be landscaped with a minimum of eight trees. Such trees shall measure at least four inches in caliper at the time of planting, except that trees which are multi-stem varieties shall have a minimum height of eight feet, and shall be planted in soil with a minimum depth of four feet. All trees shall be planted flush to grade.

A minimum of 30 moveable seats shall be provided at all times; additional moveable or fixed seating may be provided.
(2/2/11)

If Block A is developed as a single #zoning lot#, an open area known as “the Grove,” with a minimum area of 400 square feet, shall be provided as a passive open space connecting West 125th and West 129th Streets. It shall contain seating at the western portion of the Block and a grove of trees with a minimum of four trees. Such trees shall measure at least four inches in caliper at the time of planting, except that trees which are multi-stem varieties shall have a minimum height of eight feet, and shall be planted in soil with a minimum depth of four feet.

The Grove shall be improved with paved surfaces of a non-skid material, whether wet or dry. It shall be landscaped with trees planted flush to grade and may include additional planting. The Grove may contain fixed or moveable seating.

No fences, walls or planters are permitted in the Grove.
(12/19/07)

(12/19/07)

All open areas shall be accessible directly from an adjoining public sidewalk, except as otherwise provided in this Chapter. No fences or gates shall be permitted anywhere within the open areas, except as permitted in Section 104-42 (Open Areas).

All open areas except the Square and the East/West Open Area shall be accessible to the public twenty-four hours per day, seven days a week.

The Square and the East/West Open Area shall be accessible to the public seven days per week, from the hours of 7:00 a.m. to 8:00 p.m., from November 1 through April 14, and from 7:00 a.m. to 11:00 p.m. from April 15 through October 31.

All open areas may be closed not more than one day each year, on a non-holiday weekend day in January, to preserve the private ownership of such areas, except the Square and the East/West Open Area may each be closed by its respective owner for private events and activities for a maximum of 12 days in each calendar year, which days shall not include public holidays. Advance notice of such closing shall be posted at the perimeter of the Square and the East/West Open Area and shall be provided to the Chairperson of the City Planning Commission not less than 24 hours prior to each such closing.
(12/19/07)

All paved areas shall be illuminated with a minimum level of illumination not less than two horizontal foot candles (lumens per foot) throughout. All other areas shall have a minimum level of illumination not less than 0.5 horizontal foot candles (lumens per foot). Such level of illumination shall be maintained from one hour before sunset to one hour after sunrise. Electrical power shall be supplied by one or more outlets furnishing a total of at least 1,200 watts of power for every 4,000 square feet, or fraction thereof, of the area of the open space.
(12/19/07)

The owner of each open area within Subdistrict A shall be responsible for its maintenance and operation. Maintenance shall include, but not be limited to, necessary repairs, litter control and the care and replacement of vegetation. The owner of an open area may temporarily close the smallest portion reasonably necessary for the shortest period of time reasonably necessary to make repairs or to mitigate hazardous or emergency conditions, or in connection with construction on adjacent Parcels. The owner may establish and enforce rules of conduct for the use of the open areas and standards for permits for events and activities in an open area. Rules and regulations for the open areas will be subject to review and approval by the Chairperson of the City Planning Commission.

No vehicles shall be stored on any of the open areas.
(12/19/07)

On #narrow streets# and Broadway, #street# trees with a minimum caliper of four inches shall be provided for the entire length of the #street# frontage of the #zoning lot#, except adjacent to the Midblock Open Areas and the Grove. Such trees shall be planted at maximum intervals of 25 feet on center. The location and/or spacing of trees may be waived by the Commissioner of Parks and Recreation to the extent that these requirements are determined to be infeasible. All trees shall be planted flush to grade and in accordance with the applicable standards of the Department of Parks and Recreations, and shall be located within a soft surface, landscaped strip at least five feet wide adjacent to the curb, which landscaped strips need not be continuous. Other planted landscape treatment and amenities may be permitted within such landscaped strip. Such trees shall be maintained by the owner of the adjacent #development# or #enlargement#.
(2/2/11)

Transfers of #floor area# may be made from granting sites to receiving sites, within Subdistrict A, subject to the requirements of this Section.

For the purposes of this Section, a “granting site” shall mean any #zoning lot# in Subdistrict A that comprises a #block# as identified by letter on Map 2 (Subdistrict A Block Plan) in Appendix A of this Chapter, or the portion of the #block# identified as Block H on Map 2, from which #floor area# is to be transferred pursuant to the provisions of this Section, and a “receiving site” shall mean a #zoning lot# in Subdistrict A that comprises a #block#, as identified by letter on Map 2, or the portion of the #block# identified as Block H on Map 2, to which #floor area# is transferred.

#Floor area# may be transferred as follows:
  1. by notice, in accordance with the provisions of Section 104-52 (Transfer of Floor Area by Notice);

  2. by authorization, in accordance with the provisions of Section 104-53 (Transfer of Floor Area by Authorization); or

  3. by special permit, in accordance with the provisions of Section 104-60 (MODIFICATION OF SPECIAL BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT), where the proposed #development# or #enlargement# on the receiving site requires modification of the #bulk# regulations of Section 104-30 (SPECIAL HEIGHT AND SETBACK REQUIREMENTS).
(12/19/07)

For any transfer of #floor area# by notice or by authorization pursuant to Section 104-50, inclusive, the requirements of this Section shall apply.
  1. Notification

    Prior to any transfer of #floor area#, pursuant to Sections 104-52 (Transfer of Floor Area by Notice) or 104-53 (Transfer of Floor Area by Authorization), the owners of the granting site and the receiving site(s) shall jointly notify or apply to the Department of City Planning, as applicable, in writing, of such intent to transfer #floor area#. Such notification or application shall be signed by the owners of the granting site and the receiving site(s) and shall include site plans.

  2. Notices of restriction

    Notices of restrictions shall be filed by the owners of the granting site and the receiving site(s) in the Office of the Register of the City of New York, indexed against the granting site and the receiving site(s), certified copies of which shall be submitted to the Department of City Planning. Notice by the Department of City Planning of its receipt of certified copies thereof shall be a condition to issuance by the Commissioner of Buildings of a building permit for a #building# on the receiving site containing any such transferred #floor area#.

  3. #Floor area#

    The amount of #floor area# to be transferred from a granting site shall not exceed the maximum amount of #floor area# permitted on the #block# containing the granting site for #community facility uses#, pursuant to Section 104-12 (Community Facility Use Modifications), less the total floor area of all existing #buildings# on such #block#. The transfer of #floor area#, once completed, shall irrevocably reduce the maximum #floor area# permitted on the granting site for any #use# by the amount of #floor area# transferred.

  4. #Use#

    #Floor area# transferred pursuant to the provisions of Section 104-50 through 104-53, inclusive, shall only be used for #community facility uses# and shall be in addition to the #floor area# permitted for #community facility uses# on the receiving site.

  5. Height and setback

    Any #building# on a receiving site that uses the #floor area# so transferred shall comply with the special #bulk# regulations of this Chapter.
(12/19/07)

For any transfer of #floor area# from a granting site which comprises any of Blocks A, C or D to one or more receiving sites on Blocks B, E, F, G or H, the general requirements of Sections 104-50 and 104-51 shall apply as well as the following:
  1. the site plan submitted for the granting site under the provisions of paragraph (a) of Section 104-51 shall show the conditions and #floor area# calculations for the granting site and the receiving site, before and after the transfer;

  2. no building permit shall be issued by the Department of Buildings for a #building# on a receiving site containing any such transferred #floor area# until the Chairperson of the City Planning Commission has certified to the Department of Buildings that plans submitted to the Department of City Planning for the Square, the Small Square or the Grove, as applicable, on the granting site, conform with the requirements of Section 104-40 (SPECIAL URBAN DESIGN REGULATIONS); and

  3. no temporary certificate of occupancy shall be issued by the Department of Buildings for any portion of a #building# utilizing the transferred #floor area# unless and until the Chairperson of the City Planning Commission certifies to the Department of Buildings that the public open area which is required to be provided on the granting site pursuant to the provisions of Sections 104-424 (The Square), 104-425 (The Small Square) or 105-426 (The Grove), as applicable, has been constructed substantially in accordance with the plan certified by the Chairperson of the City Planning Commission pursuant to paragraph (a) of this Section and is substantially complete and may be opened to the public, and no permanent certificate of occupancy shall be issued by the Department of Buildings for any portion of a #building# utilizing the transferred #floor area# unless and until the Chairperson of the City Planning Commission certifies to the Department of Buildings that construction of the public open space which is required to be provided on the granting site is complete.
(12/19/07)

Within Subdistrict A, the City Planning Commission may authorize the transfer of #floor area# from a granting site other than Blocks A, C or D to a receiving site, subject to the general requirements of Sections 104-50 and 104-51, provided the Commission finds that such transfer:
  1. will permit better site planning; and

  2. will not unduly increase the #bulk# of #buildings# in any #block# to the detriment of the occupants or users of #buildings# on #blocks# outside Subdistrict A.
In granting such authorization, the Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
(12/19/07)

The City Planning Commission may, by special permit:
  1. modify the special height and setback requirements of Section 104-30 (SPECIAL HEIGHT AND SETBACK REQUIREMENTS), inclusive, provided the Commission finds that such modifications are necessary to:

    1. meet programmatic and mechanical requirements;

    2. achieve a better distribution of #bulk# on the #zoning lot# and will not adversely affect access to light and air for surrounding public access areas, #streets#, #buildings# and properties;

    3. provide flexibility of architectural design and encourage more attractive #building# forms; and

    4. result in a #development# or #enlargement# that is compatible with #development# in the surrounding area.

  2. permit the transfer of #floor area# from any granting site to a receiving site for a #development# that requires modification of the special height and setback requirements of Section 104- 30, inclusive, provided the Commission finds:

    1. such transfer complies with the general requirements set forth in paragraphs (a), (b), (c) and (d) of Section 104-51;

    2. the distribution of #floor area# on the receiving site does not adversely affect the character of the surrounding area by unduly concentrating #floor area# in any portion of Subdistrict A; and

    3. where such transfer is from a granting site on Blocks A, C or D, it shall also comply with the provisions of paragraphs (b) and (c) of Section 104-52 (Transfer of Floor Area by Notice).
The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the #development# or #enlargement# on the character of the surrounding area.
(12/19/07)

In the #Special Manhattanville Mixed Use District#, the #accessory# off-street parking and loading regulations of the underlying zoning districts shall apply, except as set forth in this Section, inclusive.
(12/19/07)

In Subdistrict B, the regulations regarding required #accessory# off-street parking spaces set forth in Section 44-20, shall not apply.

In Subdistrict A, the #accessory# off-street parking and loading regulations in Article III, Chapter 6, pertaining to the underlying C6 District shall be modified, as follows:
  1. #accessory# parking spaces at or above grade shall be completely enclosed;

  2. #accessory# parking garages at or above grade shall not be located:

    1. within 60 feet of the #lot line# on Broadway of any #zoning lot# or within 90 feet of the #lot line# on 12th Avenue of any #zoning lot#;

    2. on Parcels E2 or G2; or

    3. on any Mandatory Open Area as shown on Map 7 in Appendix A of this Chapter or within 10 feet of any such Mandatory Open Area, except that access to and egress from #accessory# parking garages shall be permitted in such areas; and

  3. parking spaces provided below grade shall not be subject to the provisions of Section 36-12 (Maximum Size of Accessory Group Parking Facilities).
(12/19/07)

Required and permitted #accessory# off-street parking spaces may be located below grade, without regard to #zoning lot lines#.
  1. Such #accessory# group parking facilities shall not exceed the following maximum number of spaces:

    • Blocks C, D and E combined:        up to 1,800 spaces in total
    • Block F:                                      up to 1,000 spaces in total
    • Blocks G and H combined:            up to 600 spaces in total

  2. Such #accessory# group parking facilities are subject to the following requirements:

    1. the location of the curb cuts shall be subject to the provisions of Section 104-73;

    2. such #accessory# off-street parking spaces shall not be located further than 1,000 feet from the nearest boundary of the #zoning lot# to which they are #accessory#; and

    3. such #accessory# off-street parking facilities shall provide adequate reservoir spaces at the vehicular entrances to accommodate either ten automobiles or five percent of the total parking spaces provided by the #use#, whichever amount is greater, but in no event shall such reservoir spaces be required for more than 50 automobiles at each entrance.
(12/19/07)

In Subdistrict A, #public parking garages# shall not be located:
  1. within 60 feet of the #lot line# on Broadway of any #zoning lot# or within 90 feet of the #lot line# on 12th Avenue of any #zoning lot#;

  2. on Parcels E2 or G2; or

  3. on any Mandatory Open Area as shown on Map 7 in Appendix A of this Chapter, or within 10 feet of any such Mandatory Open Area.
(12/19/07)

The following curb cut regulations shall apply to any #development# or #enlargement#:
  1. existing curb cuts on #wide streets# may remain until such time as a #community facility use# is located on that portion of the #zoning lot#;

  2. no new curb cuts are permitted on #wide streets# or within 50 feet of the intersection of any two #street lines#. Furthermore, no curb cuts are permitted on Block B. However, curb cuts may be permitted in such areas where the Commissioner of Buildings determines there is no alternative means of access to off-street parking spaces or required loading berths from other #streets# bounding the #block# or #zoning lot#;

  3. new curb cuts shall not be greater than 30 feet in width;

  4. there shall be no more than two new curb cuts per #street# frontage on a #zoning lot#, except on Block F where three curb cuts per #street# frontage are permitted, and except as provided in paragraph (f) of this Section;

  5. there shall be a minimum distance of 30 feet between curb cuts on a #street# frontage of a #zoning lot#; and

  6. in order to access the Square, as described in Section 104-424, one curb cut, not to exceed 15 feet in width, shall be permitted along each #street# frontage of the sidewalk adjacent to the Square. Such curb cuts shall be in addition to the two curb cuts permitted on Block D, pursuant to paragraph (d) of this Section.
(3/22/16)

Map 1 - Special Manhattanville Mixed Use District and Subdistricts (12/19/07)

Map 2 - Subdistrict A Block Plan (12/19/07)



Map 3 - Widened Sidewalk Lines (12/19/07)



Map 4 - Street Wall Types and Locations (12/19/07)



Map 5 - Parcel Designation and Maximum Building Heights (3/22/16)



Map 6 - Ground Floor Use and Frontage (12/19/07)



Map 7 - Mandatory Open Areas (12/19/07)

(12/19/07)

Parcel* #Base
Plane#**
(in feet)

Maximum
#Building#
Height**
Above #Base Plane#
(in feet)



Maximum Height
of Mechanical
Equipment
(in feet)


A 21.6 140 40
B 10.37 60 20
C1 20.74 180 60
C2 19.29 120 40
C3 15.19 190 40
C4 9.36 130 40
D1 26.68 230 60
D2 23.25 160 60
D3 15.85 50 NA
D4 9.05 180 40
E1 32.42 240 60
E2 23.38 118 40
E3 14.82 170 60
E4 10.11 210 60
F1 46.0 180 40
F2 34.92 170 60
F3 25.63 190 60
F5 11.97 240 60
G1 44.92 210 60
G2 55.62 100 40
H 66.61 120 20

*           Parcels are shown on Map 5 in Appendix A
** These numbers reflect measurement in feet above Manhattan Datum, which is 2.75 feet above Sea Level
(2/2/05)

The "Special Natural Area District" (hereinafter also referred to as the "Special District"), established in this Resolution, is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
  1. to guide development in areas of outstanding natural beauty in order to protect, maintain and enhance the natural features of such areas;

  2. to preserve land having qualities of exceptional recreational or educational value to the public;

  3. to protect aquatic, biologic, botanic, geologic and topographic features having ecological and conservation values and functions;

  4. to reduce hillside erosion, landslides and excessive storm water runoff associated with development by conserving vegetation and protecting natural terrain;

  5. to preserve hillsides having unique aesthetic value to the public; and

  6. to promote the most desirable use of land and the direction of building development in accordance with a well-considered plan, to promote stability of residential development, to promote the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings and thereby protect the City's tax revenues.
(2/2/11)

Definitions specially applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Area of no disturbance

An "area of no disturbance" is an area designated on the site plan that is protected from all types of intrusion, including: #site alteration#, operation of construction equipment, storage of construction materials, excavation or regrading, tunneling for utilities, removal of trees, #topsoil# or any living vegetation, or construction of driveways, #private roads#, parking areas, patios, decks, swimming pools, walkways or other impervious surfaces. #Areas of no disturbance# shall include #steep slopes#, #steep slope buffers# and the #critical root zone# of each tree proposed for preservation.

Average percent of slope

The "average percent of slope" of a #zoning lot# is the average slope of all portions of a #zoning lot# excluding #steep slopes# and shall be determined according to the following equation:


Where:
S -                       #average percent of slope#
I - contour interval in feet
L - combined length of contour lines in feet, excluding those portions bordering or lying within areas having a slope of 25 percent or greater and meeting the definition of #steep slope#
A - gross area in square feet of the #zoning lot#, excluding those portions of the #zoning lot# having a slope of 25 percent or greater and meeting the definition of #steep slope#. For a proposed #site alteration# on a tract of land not within a #zoning lot#, the portion of such tract of land owned by the applicant shall be considered to be part of the #zoning lot#.
100 - factor which yields slope as a percentage


                  CALCULATING AREAS HAVING
A SLOPE EQUAL TO OR GREATER THAN 25 PERCENT
                     ILLUSTRATIVE EXAMPLE


Example:



Where:
X -       distance between contour lines which indicates a slope of 25 percent


In order to calculate the area having a slope equal to or greater than 25 percent, one can use a map with two-foot contour intervals and a scale of one inch equals 20 feet, as shown in the map in this Section. A 25 percent slope, on a map with two-foot contour intervals, is indicated by contour lines that are 8.0 feet apart, rounded to the nearest tenth (0.1) of a foot. On a map whose scale is one inch to 20 feet, 8.0 feet is represented by 0.4 of an inch, rounded to the nearest tenth (0.1) of an inch. Identify where the contour lines are 0.4 of an inch or less apart. Connect these contour lines (as indicated by the heavy lines on the map) and calculate the area.

Caliper (of a tree)

"Caliper" of a tree is the diameter of a tree trunk measured 4 feet, 6 inches from the ground. If a tree splits into multiple trunks below 4 feet, 6 inches from the ground, the trunk is measured at its most narrow point beneath the split.

Critical root zone

The "critical root zone" of a tree is the area containing the roots of a tree that must be maintained and protected to ensure the tree's survival. The area of the #critical root zone# is measured as one radial foot for every #caliper# inch of the tree, with a required minimum of four radial feet and maximum of 22 radial feet, measured from the surface of the tree trunk at grade.

Hillside

A "hillside" is ground where the ratio of change in elevation to horizontal distance results in a 10 percent or greater slope or #average percent of slope#.

Natural feature

A "natural feature" is a specific natural feature belonging to one of the types listed in Section 105-10 (NATURAL FEATURES) and existing within a #Special Natural Area District#.

Site alteration

A "site alteration" is an alteration on any vacant tract of land, #land with minor improvements# or any tract of land containing #buildings or other structures# which includes land contour work, topographic modifications, removal of top soil, vegetation, excavating, filling, dumping, changes in existing drainage systems, improvements in public rights-of-way, relocation of erratic boulders or modification of any other #natural features#, whether or not a permit is required from the Department of Buildings, the Department of Transportation or other public agencies.

Staging area

A "staging area" is any area on a #zoning lot# used during the construction of a #development#, #enlargement# or #site alteration# for the purposes of stockpiling soil or construction materials; storing, cleaning or servicing construction equipment, vehicles or tools; or storing leachable construction products, gases or other materials used to clean or service vehicles, equipment or tools.

Steep slope

A "steep slope" is a portion of a #zoning lot# with an incline of 25 percent or greater. However, a portion of a #zoning lot# with an incline of 25 percent or greater shall not be considered a #steep slope# if it occupies an area of less than 200 square feet or has a dimension of less than ten feet, measured along the horizontal plane, unless such portions in the aggregate equal ten percent or more of the area of the #zoning lot#.

Steep slope buffer

A "steep slope buffer" is a 15-foot wide area having a slope of less than 25 percent that adjoins the entire length of the crest of a #steep slope#.

Tier I site

A "Tier I site" is a #zoning lot# or other tract of land having an #average percent of slope# of less than 10 percent.

Tier II site

A "Tier II site" is a #zoning lot# or other tract of land having an #average percent of slope# equal to or greater than 10 percent.

Topsoil

"Topsoil" is soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth and is generally the top six inches of soil.

Tree credit

A "tree credit" is a credit for preserving an existing tree of six-inch #caliper# or more that is counted towards a tree preservation requirement or a credit for a newly-planted tree of three-inch #caliper# or more that is counted towards a tree planting requirement.

Tree protection plan

A "tree protection plan" is a plan that modifies the #area of no disturbance# around a tree proposed for preservation while protecting and preserving the tree during construction. A #tree protection plan# is prepared by an arborist certified by the International Society of Arborculturists (ISA) or equivalent professional organization that includes:
  1. a survey of the current condition and health of such trees of six-inch #caliper# or more;

  2. methods for tree protection and preservation based on best management practices, including the prevention of damage due to compaction, grade and drainage pattern changes and tunneling for utilities;

  3. a schedule for site monitoring during construction;

  4. a procedure to communicate protection measures to contractor and workers; and

  5. post-construction treatment.
(2/2/05)

In harmony with the general purpose and intent of this Resolution and the general purposes of the #Special Natural Area District#, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter, in order to protect outstanding #natural features# described herein. Except as modified by the express provisions of this Chapter, the regulations of the underlying district remain in effect.
The provisions of this Chapter shall apply to:
  1. any #development#, #enlargement# or #site alteration#;

  2. any subdivision of a #zoning lot# existing on the effective date of the Special District designation into two or more #zoning lots#; and

  3. any public improvement projects located within the #Special Natural Area District#, which shall be subject to the provisions of Sections 105-92 (Special Provisions for Cityowned Land) and 105-93 (Inter-agency Coordination), except for any such projects which were approved by the Board of Estimate prior to the effective date of the Special District designation.
Prior to issuance by the Department of Buildings or other City or State agencies, of a permit for any #development#, #enlargement# or #site alteration# within a #Special Natural Area District#, or for any #site alteration# for which no permit is required by the Department of Buildings or other City or State agencies, an application shall be submitted to the City Planning Commission for review and approval pursuant to Section 105-40 (SPECIAL REVIEW PROVISIONS), except those #developments#, #enlargements# and #site alterations# that are not subject to the provisions of Section 105-40, as specified in Section 105-021 (Actions not requiring special review).

Any authorization or special permit granted by the City Planning Commission after July 18, 1995, pursuant to the provisions of this Chapter, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

When a #zoning lot# existing on the effective date of the Special District designation is subdivided into two or more #zoning lots#, an application shall be submitted to the Commission for review and approval pursuant to Section 105-90 (FUTURE SUBDIVISION).
(2/2/05)

The special review requirements of Section 105-40 (SPECIAL REVIEW PROVISIONS) of this Chapter shall not apply to the following:
  1. a #site alteration# on a #zoning lot# containing #buildings or other structures#, or a #development# or #enlargement# on any #zoning lot#, provided that such #zoning lots# shall have:

    1. not more than 10,000 square feet of #lot area#;

    2. an #average percent of slope# of less than 10 percent;

    3. no significant #natural features#, and the resulting #development#, #enlargement# or #site alteration# can satisfy the requirements of Section 105-30 (PRESERVATION OF NATURAL FEATURES), inclusive;

    4. the resulting #development#, #enlargement# or #site alteration# shall not exceed 2,500 square feet of #lot coverage#; and

    5. no Notice of Restriction or Restrictive Declaration recorded against the title of such property;

  2. any #site alteration#, on a #zoning lot# containing a #residential building# in existence on the effective date of the Special District designation, involving a structure that does not require a permit from the Department of Buildings, including, but not limited to swimming pools, garden sheds and fences, provided that:

    1. any modification of topography for the footprint, foundation or grading around the footprint of such structure shall not exceed two feet of cut or fill; and

    2. no tree of six-inch #caliper# or greater shall be removed and the #critical root zone# of such tree shall be an #area of no disturbance# on any #zoning lot#.
(2/2/11)

An application to the City Planning Commission for certification, authorization or special permit and to the Department of Buildings respecting any #development#, #enlargement# or #site alteration#, to be made within any #Special Natural Area District#, shall include the following:
  1. a survey map prepared by a registered surveyor showing topography at two-foot contour intervals and indicating the #average percent of slope#, the existing slope of the land, as it occurs, in categories of 10-14 percent, 15-19 percent, 20-24 percent, 25 percent and greater; the location of existing #buildings or other structures#, patios, decks, swimming pools, walkways, driveways and #private roads#, including sidewalks and other impervious surfaces; and the location, #caliper# and species of all trees of six-inch #caliper# or more on the #zoning lot# and in the sidewalk area of the adjacent #streets#, location of geologic features, aquatic features and botanic environments, as enumerated in Section 105-11 (Description of Natural Features);

  2. photographs showing the location and condition of such #natural features# for verification with pre-existing aerial survey and/or other photographs for each #Special Natural Area District#;

  3. a site plan prepared by a registered architect or professional engineer indicating the location of all existing #buildings or other structures#; the location of all proposed #buildings or other structures#; the location of existing and proposed patios, decks, swimming pools, walkways, driveways and #private roads#, including sidewalks and other impervious surfaces; the location of any #steep slopes#, #steep slope buffer# areas and the #staging area#; and the location, #caliper# and species of all trees of sixinch #caliper# or more on the #zoning lot# and in the sidewalk area of the adjacent #streets#. The site plan shall identify those trees proposed to be removed and those trees proposed to be preserved, indicating, for the latter, the #critical root zone# and in addition, for #Tier II sites#, the location of any other #area of no disturbance#;

  4. a drainage plan and soil report prepared by a professional engineer, when necessary to assess whether or not there will be major impact on #natural features#. The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of any proposed #development#, #enlargement# or #site alteration# and provide a description with supporting information of the manner in which the proposed #development#, #enlargement# or #site alteration# complies with the requirements of Local Law 103 of 1989;

  5. a grading plan showing all existing and proposed contours at two-foot intervals, critical spot elevations, tops and bottoms of proposed slopes over 10 percent gradient and will indicate at least one longitudinal and one latitudinal cross-section showing both the original and proposed final ground surfaces, with grades, slopes and elevations noted;

  6. a landscaping and revegetation plan, prepared by a registered landscape architect, indicating the extent of vegetation and #topsoil# removal required for site preparation and development and the location and species of all new plantings;

  7. any other information necessary to evaluate the request; and

  8. for #developments#, #enlargements# and #site alterations# on #Tier II sites#, the application shall also include:

    1. an alignment and paving plan for any #private road# with a typical cross-section; and

    2. a construction plan prepared by a registered landscape architect, registered architect, licensed surveyor or professional engineer showing the proposed location for the #staging area#, the proposed method for protecting trees, understory shrubs and ground cover during construction, as well as a description of the equipment to be employed in processing and disposing of soil and other material to be removed from the site; and if the #critical root zone# is proposed to be modified, a #tree protection plan# for any tree proposed for preservation.
For a #site alteration#, #enlargement# or #development# within any #Special Natural Area District#, the Commission may modify one or more requirements set forth in paragraphs (a) through (h) of this Section, when such modification is requested by the applicant in writing and when the Commission determines that the requirements are unnecessary for evaluation purposes.

Appendix B of this Chapter should be used as a guide to assist in identifying the #natural features# on the survey required in this Section.

The applicant's submission shall also include a statement admitting authorized Department of City Planning personnel to the site for the purposes of recording or verifying survey data.

Where a permit is required for a #development#, #enlargement# or #site alteration# within a #Special Natural Area District# from any City or State agency, an application for such permit shall be filed simultaneously with such agency and the Commission.
(2/2/05)

In all cases, the City Planning Commission shall deny an application, whenever the #development#, #enlargement# or #site alteration# will interfere with a public improvement project (including highways, public #buildings# or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) that has been approved by the City Council or the City Planning Commission.
(1/19/16)

The regulations of this Chapter are designed to implement the #Special Natural Area District# Plan. The District Plan includes the following:
  • Appendix A - Special Natural Area District Plan Maps

  • Appendix B – Glossary

  • Appendix C - Selection List for Ground Covers and Shrubs

  • Appendix D - Tree Selection List for On-site Trees

  • Appendix E - Tree Selection List for Street Trees
These maps and lists are hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in this Chapter shall apply.
(12/19/74)

(2/2/05)

All #natural features# shall be significant in terms of age, size, composition, function, structure, history, association, location, ecological value or educational interest.

The protection of one #natural feature# may require the protection of another which is closely linked to it. The preservation of #natural features# may also be necessary to avoid such adverse conditions as flooding, erosion or hazards to private property. All vegetation is part of a botanic environment or part of an aquatic feature and shall be considered as a #natural feature# protected by the regulations of this District. For the purposes of this Chapter, vegetation includes all forms of plant material, including but not limited to trees, shrubs, vines, ferns, grasses, herbs and other plant life.

All #natural features# defined in this Section and further described in Appendix B of this Chapter shall be protected by the provisions of this Chapter.
  1. Geologic features

    1. Rock outcrop

      A rock outcrop is the portion of a rock formation which appears at the surface of the earth.

    2. Geologic deposit

      A geologic deposit is a mass of material which has been placed, shaped or created by the actions of wind, water, ice, gravity, vulcanism, pressure or temperature, either alone or in combination. Such deposits are to include erratic boulders, glacial formations, mineral deposits or semi-precious stones.

  2. Topographic features

    1. #Steep slope#

    2. Existing natural topography

      Existing natural topography is the ground elevation of land.

    3. #Topsoil#

      #Topsoil# is generally the top six inches of soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth.

  3. Aquatic features

    Wetlands, including, but not limited to State and Federal, mapped or designated, freshwater or tidal wetlands:

    1. Laminarian zone

      A laminarian zone is that land under the surface of salt water from the mean low tide mark to the depth of 15 fathoms. The portion of laminarian zone to be protected by the provisions of this Special District extends to the pierhead line or to the shore line where no pierhead line has been established.

    2. Beach

      A beach is a tract of relatively flat, sandy or gravelly land, without visible vegetation, forming the shore of a large body of water.

    3. Tidal wetland and saltwater littoral zone

      A tidal wetland or saltwater littoral zone is that land which is regularly covered by tidal waters and its spray.

    4. Swamp

      A swamp is a wet woodland, the soil of which is typically waterlogged or often covered with water.

    5. Marsh

      A marsh is a wet prairie that has waterlogged soil during the growing season (from last spring frost to first fall frost) and is often covered with shallow water.

    6. Bog

      A bog is a tract of waterlogged land without natural drainage.

    7. Meadow

      A meadow is a tract of land that is waterlogged to within a few inches of the surface and may have temporary ponds during the non-growing season (between the first fall frost and first spring frost).

    8. Creek, stream or brook

      A creek, stream or brook is a free flowing fresh watercourse on soil, gravel or rock that drains a watershed.

    9. Lake or pond

      A lake or pond is a body of fresh or salt water standing year round.

    10. Natural spring

      A natural spring is a point source of water exiting from the surface of the earth or rock.

  4. Botanic environments

    1. Primary succession community area

      A primary succession community area is a tract of land characterized by species that can tolerate extreme environmental conditions and provide initial protection for less tolerant forms of life. These species are usually annuals and herbaceous.

    2. Secondary succession community area

      A secondary succession community area is a tract of land characterized by short-lived trees and shrubs as well as grasses and herbaceous material. These species are less tolerant than primary succession community species but provide a greater diversity and range of protection from the sun, wind and rain.

    3. Climax community area

      A climax community area is a stable association of plants and animals that will perpetuate itself indefinitely with minor variation in the group of associated plants. The climax community area in New York City is the glaciated oak-chestnut association, which is part of the eastern hardwood deciduous forest.

    4. Dune or heathland

      A dune or heathland is a tract of windblown and windor water-shaped sandy land with such characteristic species as beach grass and beach heather.

    5. Wild grassland

      A wild grassland is an area whose vegetation is primarily of wild grass species.
The #natural features# defined in this Section are described in Appendix B of this Chapter.
(2/2/05)

All #natural features# within a #Special Natural Area District# shall be protected by the regulations of this Chapter in accordance with the provisions set forth in Sections 105-02 (General Provisions), 105-30 (PRESERVATION OF NATURAL FEATURES) and 105-50 (REGULATIONS FOR PROTECTION OF NATURAL FEATURES).

Except for any existing #natural feature# that is unsafe and the removal of which is required by the Department of Buildings to eliminate hazardous conditions, no #natural features# described in Section 105-11 (Description of Natural Features) shall be removed, destroyed or altered unless permitted by certification, authorization or special permit of the City Planning Commission, pursuant to Section 105-40 (SPECIAL REVIEW PROVISIONS), or allowed pursuant to Section 105-021 (Actions not requiring special review).
(2/2/05)

The provisions of this Section are applicable to all #developments#, #enlargements# and #site alterations# within the #Special Natural Area District#, pursuant to Section 105-02 (General Provisions). When pursuant to Sections 105-41 (Certification) or 105-021 (Actions not requiring special review), it is not necessary for an applicant for a #development#, #enlargement# or a #site alteration# to apply for an authorization or special permit, such #development#, #enlargement# or #site alteration# shall nonetheless comply with the #natural feature# preservation requirements of this Section, inclusive.
(2/2/05)

To the maximum extent possible, existing trees and vegetation shall be retained. Trees of six-inch #caliper# or more and vegetation may only be removed or destroyed as a result of a #development#, #enlargement# or #site alteration#, provided that:
  1. such trees or vegetation are located in areas to be occupied by #buildings#, #private roads#, driveways, areas for required #accessory# parking, or within a distance of 15 feet of the exterior walls of such #building#, provided that it is not possible to avoid such removal by adjustments in the arrangement of such #buildings#, driveways or required parking areas;

  2. the continued presence of such tree would create special hazards or dangers to persons or property, which would not be possible or practical to eliminate by pruning;

  3. the continued presence of such tree would interfere with the growth or health of another tree of six-inch #caliper# or more, designated for preservation and belonging to a species listed in Appendix D (Selection List for On-site Trees) of this Chapter; or

  4. an authorization pursuant to Section 105-425 (Modification of botanic environment and tree preservation and planting requirements) has been granted by the City Planning Commission approving the removal of such trees or vegetation.
Any tree of six-inch #caliper# or more that cannot be preserved as a result of a proposed #development#, #enlargement# or #site alteration# shall be replaced pursuant to the provisions of Section 105-32 (Botanic Environment and Tree Planting Requirements).
(2/2/05)

Any vegetation that cannot be saved as a result of #site alteration#, #enlargement# or #development# shall be replaced with alternative vegetation to be approved by the City Planning Commission. All #developments#, #enlargements# and #site alterations# shall comply with the tree planting requirements set forth in this Section, whether or not existing trees are removed as a result of such #development#, #enlargement# or #site alteration#.

The replanting of elements of vegetation that are parts of an association or community shall be such as to reestablish, as rapidly as is reasonable, the vigor and character of the association. When necessary to establish ecological balance, the Commission may also require additional vegetation to be planted.
  1. Tree planting

    For the purposes of this Section, the following minimum standard shall apply for tree planting:

    1. For any #development#, #enlargement# or #site alteration# within a #Special Natural Area District#, trees of at least three-inch #caliper#, pre-existing or newly planted, shall be provided on the #zoning lot# at the rate of one tree for each 1,000 square feet of #lot area# or portion thereof or shall equal a total of 51 percent of all #tree credits# for trees originally on site, whichever is greater.

    2. For any existing tree of at least six-inch #caliper# that is preserved, credit for one tree shall be given for the first six inches of #caliper# and, for each additional four inches of #caliper#, credit for an additional tree shall be given.

    Single-trunk trees, newly planted to meet this requirement, shall be of at least three-inch #caliper# at the time of planting. Multiple-trunk trees and low-branching coniferous evergreens shall be at least 10 feet in height at the time of planting. Trees newly planted to meet this requirement shall be of a species selected from Appendix D of this Chapter, and acceptable from the standpoint of hardiness, appearance and habit of growth suitable to the site.

    The Commission may grant a waiver of the tree planting requirements by certification to the Department of Buildings, where the Commission finds that the ecology of the site is such that the substitution of other plant material would be more appropriate than the tree planting requirements and a detailed plan for planting has been filed with the Commission for its approval.

  2. Botanic Environment Planting

    For the purposes of this Section, the following minimum standard shall apply for the planting of vegetation.

    Any vegetation or #topsoil# that cannot be preserved as a result of a proposed #development#, #enlargement# or #site alteration# and is not permitted to be removed pursuant to the regulations of Sections 105-31 (Botanic Environment and Tree Preservation Requirements) or 105-425 (Modification of botanic environment and tree preservation and planting requirements), shall be replaced as follows: for every square foot of #lot area# of removed vegetation or #topsoil#, plantings shall be provided of the size and number indicated in paragraphs (b)(1), (b)(2), (b)(3) and (b)(4) of this Section. The area of removed vegetation shall be measured so as to include any portions of the #zoning lot# that were located within the #critical root zone# of a removed tree of six-inch #caliper# or more. Species of ground cover and shrubs shall be selected from Appendix C (Selection List for Ground Covers and Shrubs) of this Chapter. Species of on-site trees shall be selected from Appendix D (Selection List for On-site Trees) of this Chapter.

    1. Ground cover shall be planted one at one-foot-on-center and at the rate of one plant for every square foot of #lot area# of removed vegetation; and

    2. Large trees shall be planted at the rate of one threeinch #caliper# tree for every 500 square feet of #lot area# of removed vegetation; or

    3. Small trees shall be planted at a rate of one eightfoot high tree for every 100 square feet of #lot area# of removed vegetation; or

    4. #Shrubs# shall be planted at a rate of one gallon container-grown material for every 25 square feet of #lot area# of removed vegetation.

    The planting of species shall not be limited to woody plant materials, but shall include trees, shrubs, vines, ferns, grasses, herbs, annuals, biennials, perennials, mosses and other associated vegetation. All vegetation to be planted shall be either of the species which characterized the area's biological community prior to #site alteration#, #enlargement# or #development#, or of an alternative biologic community found in the area. Species selection shall give particular attention to the relationship of the species to each other and to the surrounding plant community and to the quality of the soil and the vertebrate and invertebrate populations associated with and dependent upon the proposed plants.
(2/2/05)

The maximum permitted percentage of #lot coverage# for #residences# on a #zoning lot# shall be determined by Table I or Table II of this Section, as applicable.

TABLE I

PERMITTED PERCENTAGE OF LOT COVERAGE
ON A TIER II ZONING LOT BY ZONING DISTRICT,
AVERAGE PERCENT OF SLOPE AND RESIDENCE TYPE
#Average
Percent
of
Slope#


#Residence District#*
R6
R1 R2 R2 R4 R5 1-2
Family

Other
10-14.9 22.5 22.5 22.5 36.0 45.0 48.6 32.4
15-19.9 20.0 20.0 20.0 32.0 40.0 43.2 28.8
20-24.9 17.5 17.5 17.5 28.0 35.0 37.8 25.2

*     or #Residence District# equivalent when #zoning lot# is
located within a #Commercial District#

If an authorization is granted for a #development#, #enlargement# or #site alteration# on a #zoning lot# or portion of a #zoning lot# having a #steep slope# or #steep slope buffer# pursuant to Section 105-422, the maximum permitted percentage of #lot coverage# for such #zoning lot# shall not exceed the maximum set forth in Table II of this Section.

TABLE II

PERMITTED PERCENTAGE OF LOT COVERAGE ON ANY ZONING LOT OR PORTION OF ANY ZONING LOT WITH A STEEP SLOPE GRANTED AN AUTHORIZATION PURSUANT TO SECTION 105-422

#Residence District#*
R6
R1 R2 R3 R4 R5 1-2
Family

Other
12.5 12.5 12.5 20.0 25.0 27.0 18.0

*   or #Residence District# equivalent when #zoning lot# is
located within a #Commercial District#
(2/2/11)

With the exception of #private roads# and driveways, no grading shall take place beyond 15 feet of the location of a #building# foundation, measured from the foundation perimeter. The following grading requirements shall apply to all #Tier II sites#.
  1. Cut slopes shall be no steeper than two horizontal to one vertical; subsurface drainage shall be provided as necessary for stability.

  2. Fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes 2:1 or steeper, or where fill slope toes out within 12 feet horizontally of the top of an existing or planned cut slope.

  3. Excavating for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material, or imported from outside the #Special Natural Area District#.

  4. Fills shall be compacted to at least 95 percent of maximum density, as determined by ASSHO T99 or ASTM D698.

  5. All retaining walls or cuts with a total vertical projection in excess of three feet and associated with cut or fill surfaces shall be designed as structural members keyed into stable foundations and capable of sustaining the design loads.

  6. The top and toe of any cut or fill slope, or where any excavation meets the grade existing on February 2, 2005, should be rounded in a vertical arc with a radius of not less than five feet.

  7. Tops and toes of cut and fill slopes and retaining walls shall be set back from #lot lines# for a horizontal distance of three feet plus one-fifth the height of the cut or fill but need not exceed a horizontal distance of 10 feet; tops and toes of cut and fill slopes shall be set back from #buildings# and structures for a horizontal distance of six feet plus one-fifth the height of the cut or fill but need not exceed a horizontal distance of 10 feet.
(2/2/11)

The provisions set forth in this Section and Section 105-34 (Grading Controls for Tier II Sites) shall apply to driveways and to #private roads# that provide access to #buildings developed# after February 2, 2005. The provisions for #private roads# set forth in Article II, Chapter 6, shall not apply.
  1. Driveways

    1. The maximum grade of a driveway shall not exceed 10 percent.

    2. The paved width of a driveway shall not exceed 18 feet.

    3. The maximum length of a driveway from a #private road# or #street# to an #accessory# parking space shall not exceed 80 feet.

  2. #Private roads#

    1. The maximum grade of a #private road# shall not exceed 10 percent.

    2. The width of the graded section beyond the curb back or edge of pavement of a #private road# shall extend no more than three feet beyond the curb back or edge of pavement on both the cut and the fill sides of the roadway. If a sidewalk is to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus no more than one foot beyond the curb back.

    3. The paved width of a #private road# shall not exceed 34 feet.

    4. Curbs shall be provided along each side of the entire length of a #private road# and #accessory# parking spaces may be located between the required roadbed and curb.

    5. A curb cut, excluding splays, from a #street# to a #private road# may be as wide as such #private road#.

    6. Curb cuts providing access from #private roads# to parking spaces shall not exceed the width of the driveway served and in no event shall exceed a width of 18 feet, including splays.

    7. A minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts.

    8. Along the entire length of a #private road#, trees shall be provided and maintained at the rate of one tree for every 25 feet of #private road# frontage and shall comply with the requirements set forth in Section 105-32 (Botanic Environment and Tree Planting Requirements).

    9. No building permit shall be issued by the Department of Buildings without approval by the Fire Department regarding the adequacy of vehicular access to and within the #development# for fire safety. Such approval may include the modification of #private road# width as set forth in paragraph (b)(3) of this Section.
The City Planning Commission may by authorization pursuant to Section 105-434 (Modification of requirements for private roads and driveways), allow modifications to, or waivers of, the requirements of this Section. The prior approval of the Fire Department regarding the adequacy of vehicular access to and within the #development# for fire safety shall be a condition for any modification or waiver.
(2/2/05)

The following requirements must be met during construction and identified on the construction plan:
  1. No construction equipment of any kind shall operate beyond 15 feet of the perimeter of a #building# foundation except those vehicles engaged in the construction of #private roads#, driveways or required #accessory# parking areas. This provision may be waived by the Commissioner of Buildings should it be determined that the particular conditions of the site make a 15-foot limit infeasible or impractical.

  2. Construction fences shall be erected around all vegetation proposed for preservation and all #areas of no disturbance#, and those portions of the fence that are downhill from the construction site shall have hay bales placed adjacent to them.

  3. Excavating for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material, or imported from outside the #Special Natural Area District#.

  4. The #staging area# shall be located in an area that would most minimize destruction of the #natural features# of the landscape. Such area shall be as close to the construction area on the #zoning lot# as practical, and shall be either on the flattest portion of the #zoning lot# or behind a containment wall where it will not erode any #area of no disturbance# or endanger any tree designated for preservation.

  5. #Topsoil# shall be used in the area to be replanted as soon as construction is complete.

  6. Any exposed earth area shall have straw, jute matting or geotextiles placed on it within two days of exposure and be seeded with annual rye grass during construction.
(2/2/11)

Any #development#, #enlargement# or #site alteration# that is on a #Tier II site# and requires an authorization shall be subject to the provisions of this Section. The requirements of this Section shall supplement any other requirements set forth in Section 105-40 (SPECIAL REVIEW PROVISIONS) that also must be met.

Prior to construction, at least one of the erosion and sedimentation control measures described in paragraphs (a) through (e) of this Section shall be selected. A plan describing how the selected erosion and sedimentation control measure will be implemented and justifying its selection on the basis of the particular conditions of the site shall be prepared by a professional engineer or landscape architect and submitted to the City Planning Commission.
  1. Benches and berms

    These are level terraces or ledges constructed across sloping land to provide a relatively flat construction site or reduce the length and grade of the slope. Benches and berms reduce runoff and erosion hazards by slowing down the velocity of water and providing greater intake opportunity.

  2. Diversion channels

    These are earth channels with a supporting ridge on the lower side constructed across the slope lengths to break up concentration of runoff and move water to stable outlets at a non-erosive velocity.

  3. Debris or sediment basins

    These consist of a dam or embankment, a pipe outlet and an emergency spillway situated at the low corner of the site to provide a temporary means of trapping and storing sediment while releasing the water. They protect property below the installation from damage by excessive sedimentation and debris.

  4. Retention ponds

    These are impoundment-type ponds that temporarily store runoff water and release it at rates that minimize erosion and prevent flooding. They may be located above the site to trap water before it enters the area or within the site to protect properties below the site.

  5. Grassed waterways or outlets

    These are natural or excavated channels to dispose of excess runoff water from diversions, berms, benches and other areas at non-erosive velocities. Waterways or outlets are shaped or graded and established in suitable vegetation as needed, depending on the supplemental measure used to slow the velocity of runoff.
(2/2/11)

When a #development#, #enlargement# or #site alteration# is on a #Tier II site#, an application to the City Planning Commission for an authorization shall include the following submission requirements. These requirements shall be in addition to the requirements set forth in Section 105-40 (SPECIAL REVIEW PROVISIONS).
  1. A drainage plan and soil report prepared by a professional engineer to protect #natural features#. The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of proposed #developments#, #enlargements# or #site alterations# and provide a description with supporting information of the manner in which the proposed #development#, #enlargement# or #site alteration# complies with the requirements of Local Law 103 of 1989.

  2. An erosion and sedimentation plan as described in Section 105-37 (Special Erosion and Sedimentation Prevention Requirements for Authorizations for Tier II Sites).

  3. For any #development# or #site alteration# on a tract of land 40,000 square feet or greater, a landscape plan prepared by a registered landscape architect that shows the location and species of all new plantings of trees, shrubs and ground covers and the proposed method of preserving existing trees, shrubs and ground covers.

  4. Any other information the Commission may deem necessary to evaluate the request.
The applicant's submission shall also include a statement admitting authorized Department of City Planning personnel to the site for the purposes of recording or verifying survey data.
(2/2/11)

The provisions of this Section shall apply to all #developments#, #enlargements# or #site alterations# located within a #Special Natural Area District#.

Prior to the issuance by the Department of Buildings of any permit for a #development#, #enlargement# or #site alteration# within a #Special Natural Area District#, the City Planning Commission shall certify to the Department of Buildings that the #development#, #enlargement# or #site alteration# is approved pursuant to Sections 105-41, 105-42, 105-43 or 105-44, inclusive.

The provisions of Article VII, Chapter 8 (Special Regulations Applying to Large-Scale Residential Developments), shall apply to a #large-scale residential development#, as modified by the provisions of Section 105-701 (Applicability of large-scale residential development regulations).
(2/2/05)

When it is not necessary for the applicant for a #development#, #enlargement# or #site alteration# to apply for an authorization or special permit, the City Planning Commission shall certify to the Department of Buildings that such #development#, #enlargement# or #site alteration# complies with the regulations of this Chapter, and that no authorization or special permit is required pursuant to this Chapter.

Where #natural features# are to be protected and maintained under Section 105-60 (MAINTENANCE OF NATURAL FEATURES), the Commission shall indicate in the certification specific conditions and safeguards appropriate to the designated area.
(2/2/05)

For a #development#, #enlargement# or #site alteration# located within the #Special Natural Area District#, the City Planning Commission may authorize:
  1. modification of topographic features including existing natural topography and #topsoil# pursuant to Section 105-421 (Modification of topographic features on Tier I sites) and modification of #steep slopes# pursuant to Section 105-422 (Authorization of a development, enlargement or site alteration on a Tier II zoning lot or portion of a zoning lot having a steep slope or steep slope buffer);

  2. modification of geologic features including the relocation of erratic boulders, and the alteration of rock outcrops pursuant to Sections 105-423 and 105-424;

  3. modification of botanic environment, pursuant to Section 105-425;

  4. alteration of aquatic features, pursuant to Section 105-426 in NA-1, NA-2 and NA-3 Districts.
The Commission may prescribe appropriate additional conditions and safeguards to protect the character of the #Special Natural Area District#.
(2/2/05)

The topographic features, including natural topography and #topsoil#, existing at the time of designation of a #Special Natural Area District# may be modified by the City Planning Commission, provided that the Commission finds that:
  1. #development#, #enlargement# and #site alteration# is not feasible without such modification, or that the requested modification will permit a #development#, #enlargement# or #site alteration# that satisfies the purposes of this Chapter;

  2. such modification, including any removal of #topsoil#, will not disturb the drainage pattern and soil conditions in the area;

  3. such modification of topography has minimal impact on the existing topographic features of the surrounding area and blends harmoniously with it;

  4. such modification is the least modification required to achieve the purpose for which it is granted; and

  5. the #development#, #enlargement# or #site alteration# takes advantage of the natural characteristics of the site.
Where permits are required from a City agency, the Commission shall request a report from such agency, and the provisions of Section 105-93 (Inter-agency Coordination) shall apply.
(2/2/11)

The City Planning Commission may authorize #developments#, #enlargements# and #site alterations# on a #Tier II site# or on portions of a #zoning lot# having a #steep slope# or #steep slope buffer#.

In order to grant such authorizations, the Commission shall find that:
  1. the #development#, #enlargement# or #site alteration# is not feasible without such modification, or that the modification will permit a #development#, #enlargement# or #site alteration# that satisfies the purposes of this Chapter;

  2. such modification is the least modification required to achieve the purpose for which it is granted;

  3. the modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

  4. the modification will not disturb the drainage patterns and soil conditions of the area; and

  5. the #development#, #enlargement# or #site alteration# takes advantage of the natural characteristics of the site.
The #lot coverage# regulations of Table II of Section 105-33 (Residential Lot Coverage Regulations on Tier II Sites or on Sites Granted an Authorization Pursuant to Section 105-422) shall apply to any #residential development#, #enlargement# or #site alteration# granted an authorization pursuant to this Section.

Any #development#, #enlargement# or #site alteration# requiring an authorization pursuant to this Section shall be subject to all the requirements of this Chapter for which an authorization or special permit has not been obtained.
(2/2/05)

No erratic boulder with a diameter at any point of six feet or more may be moved from its location at the time of designation of a #Special Natural Area District# to another location within the Special District during #development#, #enlargement# or #site alteration# except in compliance with the provisions of this Section.

Prior to the moving of an erratic boulder from its present location to a location elsewhere within the #Special Natural Area District#, an application shall be filed with the City Planning Commission showing the present location and the proposed location. Moving of an erratic boulder will be permitted only by authorization of the Commission under the following circumstances:
  1. where such a boulder is located in an area to be occupied by #buildings#, driveways, parking areas or recreation areas and it is not possible to avoid such location by minor adjustments in the arrangement of such #buildings#, driveways, parking areas or recreation areas on the site;

  2. where the boulder's continued existence in its present location would create hazards or dangers; or

  3. where authorizations granted by the Commission under the provisions of this Chapter require or clearly contemplate the boulder's relocation from its present position.
In issuing an authorization under this Section, the Commission shall require an appropriate relocation site, visible, if possible, from a public #street#, park, or public place, preferably on the #zoning lot# or elsewhere within the #Special Natural Area District#. The Commission may prescribe appropriate conditions to enhance the setting of the relocated boulder.
(2/2/05)

The City Planning Commission may authorize the alteration of a rock outcrop, provided that:
  1. the #development# or #enlargement# is not feasible without such alteration, or that the requested alteration will permit a #development# or #enlargement# that satisfies the purposes of this Chapter; or

  2. such alteration is necessary to protect the health and safety of the site occupants; and

  3. such #development# or #enlargement#, as authorized, will result in the minimum #natural feature# interference that must be permitted in order to allow reasonable #development# or #enlargement# and #bulk# distribution under the regulations of the underlying district.
The Commission shall impose appropriate conditions and safeguards to assure protection of the portions of the area to be preserved in their natural state.
(2/2/05)

The City Planning Commission may authorize modifications to the provisions of Sections 105-31 (Botanic Environment and Tree Preservation Requirements), 105-32 (Botanic Environment and Tree Planting Requirements) and paragraph (b)(8) of Section 105-35 (Tier II Requirements for Driveways and Private Roads).

In order to grant such authorizations, the Commission shall find that:
  1. the #development#, #enlargement# or #site alteration# is not feasible without such modifications, or that the requested modification will permit a #development#, #enlargement# or #site alteration# that satisfies the purposes of this Chapter;

  2. such modification is the least modification required to achieve the purpose for which it is granted;

  3. the ecology and soil conditions of the site are such that the substitution of other plant material would be as appropriate as the botanic preservation or planting requirements being modified; and

  4. in order to modify requirements relating to tree preservation, planting or removal, the Commission shall also find that:

    1. such tree is located in areas which require excessive cut or fill of land deemed inimical to plant survival; or

    2. the continued presence of such tree would create hazards or dangers (such as an area affected by storm or plant disease) to persons, property or other plant material which it would not be possible or practical to eliminate by pruning.
Where on-site replanting of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the #Special Natural Area District#. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.
(2/2/05)

No portion of an aquatic feature shall be altered or land operations affecting aquatic features undertaken by or on behalf of present or future applicants for permits except in compliance with the provisions of this Section. The City Planning Commission may permit the alteration of aquatic features, provided that:
  1. the #development# or #enlargement# is not feasible without such alteration or where such alteration will permit a #development# or #enlargement# that satisfies the purposes of this Chapter; or

  2. such alteration is necessary to protect the health and safety of the site occupants; and

  3. such #development# or #enlargement#, as authorized, will result in the minimum #natural feature# interference that must be permitted in order to allow reasonable #development# or #enlargement# and #bulk# distribution under the regulations of the underlying district; and

  4. such modification shall not disturb the drainage patterns in the area.
The Commission shall impose appropriate conditions and safeguards to assure protection of the portions of the area to be preserved in their natural state.

Where permits are required from a City agency for any work affecting #natural features#, the Commission shall request a report from such agency and the provisions of Section 105-93 (Inter-agency Coordination) shall apply.

In the event alteration of an aquatic feature is found inappropriate, the Commission may treat an application under this Section as an application for modification of #yard# and height and setback regulations under Section 105-432.
(1/19/16)

For a #development#, #enlargement# or #site alteration# located within the #Special Natural Area District#, the City Planning Commission may authorize:
  1. modification of #lot coverage# controls in accordance with the provisions of Section 105-431;

  2. modification of underlying district regulations relating to #bulk# or #parking# in accordance with the provisions of Section 105-432 (Modification of yard, height and setback regulations, and parking location regulations);

  3. modification of grading controls in accordance with the provisions of Section 105-433; and

  4. modification of requirements for driveways and private roads on #Tier I sites# and #Tier II sites# in accordance with the provisions of Section 105-434.
(2/2/11)

For any #development# or #enlargement# on a #Tier II site# or within a #steep slope# or a #steep slope buffer# on a #Tier I site#, the City Planning Commission may authorize variations in the #lot coverage# controls set forth in Section 105-33.

In order to grant such authorization, the Commission shall find that:
  1. the #development# or #enlargement# is not feasible without such modification, or that the requested modification will permit a #development# or #enlargement# that satisfies the purpose of this Chapter;

  2. by allowing the permitted #floor area# in a #building# or #buildings# of lower height to cover more land, the preservation of #hillsides# having aesthetic value to the public would be assured, and that such preservation would not be possible by careful siting of a higher #building# containing the same permitted #floor area# on less land;

  3. such modification is the least modification required to achieve the purpose for which it is granted;

  4. the modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

  5. the modification will not disturb the drainage pattern and soil conditions of the area; and

  6. the modification does not impair the essential character of the surrounding area.
(2/2/11)

For any #development# or #enlargement# that does not qualify under provisions of Section 105-701 (Applicability of large-scale residential development regulations), the City Planning Commission may authorize variations in required #front#, #rear# or #side yards#, parking lot landscaping or maneuverability requirements, location of parking, driveways or curb cuts and required space between #buildings# on the same #zoning lot#, and may modify height and setback regulations for the purpose of preserving #natural features#, provided the Commission finds that:
  1. the proposed placement of #buildings# and arrangement of #open space# will not have significant adverse effects upon the light, air and privacy for existing #buildings# in adjacent areas or the opportunities therefore in future #development#; and

  2. will preserve significant #natural features#.
The Commission may condition such authorizations upon the joint submission of acceptable plans for #development# or #enlargement# of two or more adjacent #zoning lots# by the owners thereof.
(2/2/11)

For any #development#, #enlargement# or #site alteration# on a #Tier II site#, the City Planning Commission may authorize variations in the grading controls set forth in Section 105-34.

In order to grant such authorization, the Commission shall find that:
  1. the #development#, #enlargement# or #site alteration# is not feasible without such modifications, or that the modifications will permit a #development#, #enlargement# or #site alteration# that satisfies the purposes of this Chapter;

  2. such modification is the least modification required to achieve the purpose for which it is granted;

  3. the modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

  4. the modification will not disturb the drainage pattern and soil conditions of the area;

  5. the modification does not impair the essential character of the surrounding area; and

  6. the benefits to the surrounding area from the modification outweigh any disadvantages that may be incurred thereby in the area.
(1/19/16)

For any #development#, #enlargement# or #site alteration#:
  1. the City Planning Commission may authorize variations in the requirements for #private roads# and driveways on any #Tier II site# as set forth in Section 105-35 (Tier II Site Requirements for Driveways and Private Roads), as well as the requirements of Sections 25-621 (Location of parking spaces in certain districts) and 25-631 (Location and width of curb cuts in certain districts) provided that:

    1. the #development# or #enlargement# is not feasible without such modification, or that the requested modification will permit a #development#, #enlargement# or #site alteration# that satisfies the purposes of this Chapter;

    2. such modification is the least modification required to achieve the purpose for which it is granted;

    3. the modification will not disturb the drainage pattern and soil conditions of the area;

    4. the modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it; and

    5. such modification will enhance the quality of the design of the #development#, #enlargement# or #site alteration#; or

  2. located on a #zoning lot# containing historic buildings designated by the Landmarks Preservation Commission within the New York City Farm Colony-Seaview Hospital Historic District, as shown on Map 2 in Appendix A of this Chapter, the City Planning Commission may authorize modifications or waivers of the requirements for #private roads# as set forth in Section 26-20 (SPECIAL REQUIREMENTS FOR DEVELOPMENTS WITH PRIVATE ROADS) through Section 26-27 (Waiver of Bulk Regulations within Unimproved Streets), inclusive, and Section 26-30 (SPECIAL REQUIREMENTS FOR DEVELOPMENTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS) through 26-35 (Screening), inclusive, provided that such modification or waiver:

    1. results in greater environmental conservation or preservation of existing natural features;

    2. results in a superior site and landscape plan that will not unduly disturb the drainage pattern and soil conditions of the area;

    3. results in greater preservation of historic #buildings# or other architectural elements of the Historic District designated by the Landmarks Preservation Commission;

    4. enhances vehicular and pedestrian connections between #buildings# on the site and the surrounding neighborhood;

    5. will not impair the essential character of the Historic District and the surrounding area;

    6. is the least required to achieve the purpose for which it is granted; and

    7. will not reduce the required minimum width of the #private road# to a width less than 34 feet unless the Fire Department has approved such reduction and determined that emergency vehicles can adequately access and move within the site.
(2/2/05)

For any #development#, #enlargement# or #site alteration# within the #Special Natural Area District#, the City Planning Commission may grant special permits for modification of the underlying district regulations in accordance with the provisions of Sections 105-441 and 105-442.
(2/2/11)

In addition to any #use# modifications which may be granted under the provisions of Section 105-701 (Applicability of large-scale residential development regulations), the City Planning Commission may permit #semi-detached# or #attached single-family residences# in R2 Districts and #attached single-# or #two-family residences# in R3-1 Districts.

Furthermore, except in the #Special Natural Area District#-1 (NA- 1), the Commission may permit #semi-detached# or #attached single-family residences# in R1-2 Districts provided that the #development# or #enlargement# is on a tract of land of at least four acres, and provided the Commission finds that:
  1. the preservation of #natural features# requires the permitted #development# to be concentrated to the extent feasible in the remaining portion of the tract;

  2. for such concentration of #development#, better standards of privacy and usable #open space# can be and are achieved under the development plan by inclusion of the proposed #residential building# types;

  3. the change of housing type constitutes the most effective method of preserving #natural features#;

  4. the #aggregate width of street walls# of a number of #residential buildings# separated by party walls shall not exceed 100 feet;

  5. the proposed #street# system for the tract of land to be #developed# is so located as to draw a minimum of vehicular traffic to and through #streets# in the adjacent area; and

  6. the existing topography, vegetation and proposed planting effectively screen all #attached single-family residences# from the #lot lines# along the perimeter of the tract of land to be #developed#.
(2/2/05)

Where commonly- or separately-owned areas containing #natural features# of exceptional recreational, cultural or educational value to the public are dedicated to the City, without any cost to the City, pursuant to Section 105-701 (Applicability of largescale residential development regulations), the City Planning Commission may by special permit allow, where appropriate, such portion of the #zoning lot# to be included in the zoning computation for #floor area#, #open space#, #lot coverage# and density regulations and other #bulk# computations.
(2/2/05)

On any #zoning lot# to which the provisions of Section 105-02 (General Provisions) apply, no #natural features# as described in Section 105-11 (Description of Natural Features) or any other vegetation shall be removed, altered, relocated or replaced without prior approval by the City Planning Commission, as set forth in Section 105-40 (SPECIAL REVIEW PROVISIONS).

In the event that any such features are removed, altered, relocated or replaced from a #zoning lot# without prior approval by the Commission, the Commission may specify the manner of their replacement or restoration. If trees are to be planted, the Commission may require that they be three inches in #caliper#.

A copy of the restoration plan certified by the Commission specifying requirements for the replacement or restoration of the #natural features# shall be issued to the owner of the #zoning lot# containing such violations and to the Department of Buildings.

Upon receipt of the Commission's certified restoration requirements, the Department of Buildings shall require the owner of the #zoning lot# to remove the violations in accordance with the requirements set forth by the Commission. If such violations have not ceased within 90 days of receipt of the Commission's requirements, the Department of Buildings shall institute such action as may be necessary to terminate the violations. For compliance with new planting requirements to remove violations, the Department of Buildings may allow an additional 90 days.

No building permit or certificate of occupancy shall be issued by the Department of Buildings for any #development#, #enlargement#, #site alteration# or #use# on such #zoning lot# until the violations are removed from the #zoning lot# in accordance with the restoration plan certified by the Commission.
(2/2/11)

The provisions of this Section establish regulations for City Planning Commission review of #development#, #enlargement# or #site alteration# plans from the standpoint of the adequacy of protection for #natural features# within a #Special Natural Area District#. Plans that are deficient in this regard may be rejected or required to be modified, even though they comply with all other applicable regulations of this Chapter.

These regulations are to be used by the Commission in reaching a determination whether to approve #development#, #enlargement# or #site alteration# plans filed pursuant to Sections 105-41 (Certification), 105-42 (Authorizations to Alter Natural Features), 105-43 (Authorizations to Modify Bulk, Parking, Grading and Private Roads Regulations) or 105-44 (Special Permits).

The Commission, where appropriate, shall be guided by the reports from other city agencies involved in land contour work, storm water drainage systems and similar operations affecting #natural features#.

In determining the necessary alteration of #natural features# or extent of modifications involved in a #development#, #enlargement# or #site alteration#, the Commission shall be guided by the effect of any alteration of a #natural feature# on the total ecological process of the surrounding natural environment including the following: the effect of such alteration on the existing topography, soil conditions, erosion, natural flow of water and drainage, water quality, and animal, plant and marine life.

Further guidelines for the protection of #natural features# are:
  1. No #natural feature# shall be moved, removed, covered, diminished, broken or disfigured, unless permitted pursuant to the provisions of Sections 105-30 (PRESERVATION OF NATURAL FEATURES) and 105-40 (SPECIAL REVIEW PROVISIONS). Furthermore, #topsoil# shall neither be removed from the surface of any #zoning lot# nor covered with inferior material unless permitted pursuant to Section 105-40. Where existing topography is altered without prior authorization of the Commission, the Commission may require new grading or other topographical modifications or surface improvement to reestablish the viability and function of the soil as a growing medium, and as a drainage surface, in order to permit the site to blend harmoniously with the surrounding area of the Special District.

  2. Filling, excavating, draining, dredging, grading and contouring shall be staged and controlled so as to minimally impair the function, composition, vitality and existence of #natural features#. When and where possible, such operations shall be done in a manner so as to maintain or improve the biological system and individual features on the site.

  3. All filling, excavating, draining, dredging, grading and contouring shall avoid creation of #steep slopes# or conditions causing erosion, loss of fertility of soil, health or safety hazards, and shall be done in conformance with the limits and nature of the soil involved.

  4. All land operations including filling, excavating, draining, dredging, grading and contouring shall be limited to those operations which maintain or restore natural drainage, cause a minimum disturbance of the #natural features# and their setting while providing for the #development#, #enlargement# or #site alteration# or permitted #uses#.

  5. No #development#, #enlargement# or #site alteration# shall be such as to impede or change the quality, turbidity, temperature or chemical composition of natural drainage or aquatic features.

  6. A #development#, #enlargement# or #site alteration# shall be permitted only in areas sufficiently removed from the #natural features# to avoid impairment of their existence, functions or beauty.

  7. There shall be maximum preservation of all natural vegetation in and adjacent to the #natural features# found on the site. Plant communities which have been substantially reduced in area or composition as a result of a #development#, #enlargement# or #site alteration# shall be restored, extended or replaced by alternative plant materials with an adequate maintenance program. In no case shall the site be allowed to be denuded and without vegetational cover upon completion of the #development#, #enlargement# or #site alteration#.

  8. Replacement of any #natural feature# and planting of new vegetation on a site in the Special District shall be such as to extend, reinforce, increase the diversity, function and vitality of an association or community in the area. Special attention shall be given to symbiotic relationships between plants and the relationship between vegetation to be planted and animal populations which are dependent upon or related to the proposed vegetation. Where appropriate, planting shall include trees, shrubs, vines, ferns, grasses, herbs, annuals, biennials, perennials, mosses, and other associated vegetation.

  9. Adequate provision shall be made for proper management and maintenance of #natural features# and their immediate surroundings to avoid pollution, loss of vigor, reduction in composition or function or other ecological damage.

  10. Where appropriate, when a portion of a #natural feature# or its function must be altered, such alteration shall not only reinforce the function, vitality and existence of the remaining portion of the #natural feature# but also improve conditions for other #natural features#. This shall apply particularly but not exclusively to the removal and replanting of plant materials.

  11. Where appropriate, a #development#, #enlargement# or #site alteration# shall be such as to leave #natural features# intact in their natural setting and, where feasible, visible from public #streets# or places.

  12. For a #steep slope#, these additional requirements apply:

    1. In all #Residence Districts#, for #residential developments# on individual #zoning lots# substantially within a #steep slope# area, the #lot area per dwelling unit# requirement shall not be less than 12,500 square feet. Except in R1 Districts located in #Special Natural Area District#-1 (NA-1), the Commission may, for a tract of land of at least four acres substantially within the #steep slope# area, modify, by authorization, the #lot area per dwelling unit# requirement set forth in this paragraph, (l)(1), for the #steep slope# area, and may allow #development# to be concentrated in clusters to preserve the #steep slope# areas in their natural state, provided that such clusters are located to the extent feasible in areas of comparatively flat topography and will not require unnecessary grading on adjacent slopes or the creation of new #steep slopes#.

    2. In no event shall the #lot area per dwelling unit# requirement be less than the amount required by the underlying district regulations.

    3. Existing vegetational cover in steep areas shall not be removed, destroyed or damaged except pursuant to development and grading plans approved by the Commission. An objective of such plans shall be to fit #street# layouts and #building# designs to the natural terrain, limit grading to a practical minimum and provide for maximum preservation of the natural terrain and vegetational cover.
(2/2/05)

For any #development#, #enlargement# or #site alteration# on a tract of land within a #Special Natural Area District#, the City Planning Commission may require a maintenance plan for a #natural feature#. Where a maintenance plan is required, approval of the development plan and the granting of any certification, authorization or special permit shall be conditioned upon the Commission's approval of the maintenance plan.

The maintenance plan shall specify what the maintenance is to consist of and whose responsibility it will be, and shall provide assurance that maintenance will be satisfactorily executed. The Commission, in considering the maintenance needs of a particular #natural feature# and the content of an acceptable maintenance plan shall, where appropriate, refer all relevant plans to the Landmarks Preservation Commission, Department of Parks or other City agency with primary responsibilities in natural areas conservation, for its report thereon. The Commission shall, in its determination, give due consideration to any such report submitted within one month from the date of referral. If such City agency does not report within one month, the Commission may make a final determination without reference thereto.

For #natural features# for which the Commission determines that specialized maintenance and regulated public #use# are appropriate, the maintenance plan may provide for dedication of the #natural feature# to the City or an approved private conservation organization for responsible maintenance in the public interest.
(2/2/11)

In order to carry out the purposes of this Chapter, all #zoning lots developed# predominantly for #residential use# may be subject to the provisions of this Section.
(2/2/11)

The provisions of Article VII, Chapter 8 (Special Regulations Applying to Large-Scale Residential Developments), shall apply except as modified by the provisions of this Section.

Any #zoning lots developed#, used predominantly for #residential uses#, may be treated as a #large-scale residential development# and authorizations or special permits for such #zoning lot# may be granted in accordance with the provisions of Article VII, Chapter 8, as modified herein or in Section 105-80 (JOINT APPLICATIONS), regardless of whether such #zoning lot# will have the area, number of #buildings# or number of #dwelling units# specified in the definition of #large-scale residential development#, as set forth in Section 12-10 (DEFINITIONS).

However, in R1 Districts located in the #Special Natural Area District#-1 (NA-1), no modification of minimum required #lot area# as set forth in Section 23-32 (Minimum Lot Area or Lot Width for Residences) shall be allowed for any #development# pursuant to paragraph (c) of Section 78-311 (Authorizations by the City Planning Commission) or Section 78-32 (Bonus for Good Site Plan) but modifications of required #front# or #rear yards# and height and setback regulations on the periphery of such #zoning lot#, pursuant to paragraphs (c) and (d) of Section 78- 312 (Special permits by the City Planning Commission), shall apply. Modification of #side yards# of all #zoning lots#, including #zoning lots# in R1 Districts, shall be subject to the provisions of Section 105-432 (Modification of yard, height and setback regulations, and parking location regulations).

Bonuses which may be granted for #large-scale residential developments#, pursuant to Section 78-32 through Section 78-35 (Special Bonus Provisions), may not be granted for #zoning lots# which have less than 10 acres and less than the number of #buildings# or number of #dwelling units# required by the definitions of a #large-scale residential development#.

Commonly or separately owned areas containing #natural features# may qualify as common #open space# for purposes of satisfying #open space# requirements.

Approval by the Commission of a development plan incorporating #natural features# as common #open space# shall be conditioned upon the findings required in Sections 78-313 (Findings) and 78- 52 (Common Open Space) with respect to the qualification of areas as common #open space# and upon additional findings that appropriate safeguards are provided for the protection and preservation of such #natural features#. In the case of #natural features# that are determined to have qualities of exceptional recreational, cultural or educational value to the public and that are directly accessible to the public from a public rightof-way, the applicant may request the City to take title or a less than fee interest in the property occupied by such a #natural feature# without any cost to the City or its designee for #use# and enjoyment by the public subject to the provisions of Section 105-60 (MAINTENANCE OF NATURAL FEATURES).
(2/2/11)

The regulations for #developments# or #enlargements# within #lower density growth management areas# are modified as follows:
  1. Parking location regulations

    #Accessory# parking spaces shall be permitted within a #front yard#.

  2. Private road regulations

    The provisions of paragraph (b) of Section 105-35 (Tier II Requirements for Driveways and Private Roads) shall apply to #Tier II sites# accessed by #private roads#.
(12/19/74)

Notwithstanding the provisions of Section 78-06 (Ownership), a tract of land which is the subject of an application for authorizations or special permits under the provisions of this Chapter may include adjacent property in more than one ownership, provided that the application is filed jointly by the owners of all property included. Any subdivision of the tract reflecting ownerships at the time of application or creating new ownerships before, during or after #development# shall be subject to the provisions of Section 78-51 (General Provisions).
(2/2/11)

Within a #Special Natural Area District#, any #zoning lot# existing on the effective date of the Special District designation may be subdivided into two or more #zoning lots#, provided that #natural features# are preserved to the greatest extent possible under future development options.

A plan for such subdivision shall be filed with the City Planning Commission and the Commission shall certify that such subdivision complies with this objective. The subdivision plan shall include a survey map indicating existing topography and other #natural features# within this area. When a #zoning lot#, existing on the effective date of the Special District designation, is more than 10 acres and is intended to be subdivided, an area plan of the entire #zoning lot# shall be filed with the Commission. The area plan shall include the proposed #street# system within the area, #block# layouts and any other information required by the Commission.

When any #zoning lot# is subdivided into two or more #zoning lots#, all resulting #zoning lots# that lie substantially within a #steep slope# area existing as of December 19, 1974, shall be subject to the #steep slope# provisions of Section 105-50 (REGULATIONS FOR PROTECTION OF NATURAL FEATURES) and all other provisions of this Chapter, as applicable.

In the event that #natural features# on any #zoning lot# subject to the provisions of Section 105-02 (General Provisions) proposed for subdivision have been removed, altered, relocated or replaced from the #zoning lot# without prior approval by the Commission, as set forth in Section 105-40 (SPECIAL REVIEW PROVISIONS), the Commission shall not approve the subdivision until violations are removed from the #zoning lot# in accordance with the Commission's requirements under Section 105-45 (Certification of Restoration Plans).
(2/2/05)

When a #Special Natural Area District# is designated on a #public park# or portion thereof, any #natural features# existing on December 19, 1974, within such area shall not be removed, destroyed or altered unless authorized by the City Planning Commission. As a condition for granting such authorization, the Commission shall find that any alteration of #natural features# is the least alteration required to achieve the purpose intended and such authorization is consistent with the intent of the #Special Natural Area District#.
(2/2/11)

The provisions of Section 105-40 (SPECIAL REVIEW PROVISIONS) shall apply on City-owned land, except that modifications permitted under Section 105-44 (Special Permits) may be approved by the City Planning Commission.

Furthermore, provisions of Section 105-93 (Inter-agency Coordination) shall apply on City-owned land. However, the provisions of this Chapter shall not apply to any public improvement project approved by the Board of Estimate prior to the effective date of the Special District designation.
(2/2/05)

Where an authorization or permit is required from the City Planning Commission pursuant to this Chapter and where a permit is required from the Departments of Transportation or Buildings for land contour work, by the Department of Environmental Protection for storm water drainage systems for #buildings# or adjacent areas or where construction of a public improvement project is undertaken by a City agency, the Department of City Planning and the agencies involved shall jointly determine the conditions under which such proposed #development#, #enlargement# or #site alteration# within a #Special Natural Area District# will best meet the purposes of the Special District. Applications for any required permit or authorizations shall be filed simultaneously with each agency requiring a permit.
(5/21/75)

(6/23/77)

The central, serpentine, hilly spine of Staten Island is composed of Emerson Hill, Dongan Hills, Todt Hill and Lighthouse Hill. These hills are richly endowed with steep slopes, rock outcrops, erratic boulders and ponds, lakes, swamps, creeks and many trees of the glaciated Oak-Chestnut association.

To the south and west of the serpentine hills are tidal wetlands, a habitat for marine life and water fowl. The wetlands include parts of Latourette Park, Fresh Kills Park and New Springville Park. The high and low wetlands of Latourette Park and New Springville Park and most of the low wetlands of Fresh Kills Park remain in their natural state. The purpose of this #Special Natural Area District# is to preserve and protect the aforementioned #natural features# pursuant to the provisions of this Chapter.
(5/21/75)

The Riverdale Ridge of The Bronx is composed of part of Riverdale, Spuyten Duyvil and Fieldston. This ridge contains steep slopes, rock outcrops, ponds, brooks, swampy areas and mature trees.

The western foot of the ridge contains marshes, feeding areas for water fowl. The shore line of the Hudson River estuary contains the aquatic food web necessary to sustain marine life.

The marshes and most of the Hudson River shore line are included in Riverdale Park. Much of the Riverdale Ridge and Riverdale Park are in their natural state. The purpose of this #Special Natural Area District# is to preserve and protect the aforementioned #natural features# pursuant to the provisions of this Chapter.
(12/1/77)

The Shore Acres area of Staten Island owes its unique character to Shore Acres Pond, which is fed predominantly by springs percolating from an underground aquifer through Pleistocene strata of sand and gravel.

The Pond is a resting place for migratory and local fowl as well as a watering hole for opossums which are abundant along the wooded cliffs of the Narrows. The Pond has shaped its built environment, including the street layout, landscaping and orientation of neighboring homes. The surrounding area is distinguished by rolling topography with orientation of the northeastern edge toward Lower New York Bay and the Narrows.

The natural drainage area is in need of protection to ensure survival and maintenance of the Pond which in turn is essential to the preservation of this special area.
(3/22/16)

  1. General purposes

    The "Special Fort Totten Natural Area District"-4 (hereinafter referred to as the Special District), established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following general purposes:

    1. to preserve, protect and enhance the combination of historically significant buildings and other structures, public open spaces, outstanding scenic views and pedestrian and vehicular circulation system which by their siting create a unique balance between buildings and open spaces and which, together with the harmonious scale of development and landscaping, add to the quality of life in the area;

    2. to protect aquatic, biologic, geologic, topographic and other natural features having ecological and conservation values and functions;

    3. to improve the quality of new development in the area by fostering the provision of specified public amenities and recreational facilities in appropriate locations and by making these facilities directly accessible to the public; and

    4. to promote the desirable use of land improvements in accordance with the District Plan and in conformance with the character of the Fort Totten area and thus conserve the value of land and buildings and thereby protect the City's tax revenue.

  2. Definitions

    1. Designated open space

      The "designated open space" is an #open space# as shown on the District Plan.

    2. Street

      For the purpose of this Section, a "street" is a way existing within the #Special Fort Totten Natural Area District#-4 as shown on the District Plan (Appendix A) complying with the definition of #street# in Section 12-10, except that the #street# width shall be limited to existing dimensions. No modification of existing dimensions shall be permitted without prior certification of the City Planning Commission.

  3. General requirements

    1. Requirements for applications

      An application to the Commission for any #development# within the Special District shall be subject to the requirements of Section 105-021 (Actions not requiring special review). In addition, an application for #development# within Area B shall include the existing and proposed site plan showing the location and the scale of the existing and proposed #buildings or other structures#, the location of all vehicular entrances and exits and off-street parking facilities, the changes that will be made in the location and size of the #open space#, and such other information as may be required by the Commission. The submission shall include a landscaping plan, #building# sections and elevation and an appropriate model of the planned community.

      The Commission shall require, where relevant, a subdivision plan and, in the case of a site plan providing for common #open space# or common parking areas, a maintenance plan for such space or areas and surety for continued availability of such space or areas to the people they are intended to serve.

    2. Pier #development#

      The Commission may permit, by special permit, pier #development#, only upon finding that the proposed #development# shall have no significant adverse impact on the Special District or surrounding environment. The Commission may prescribe appropriate conditions and safeguards to minimize possible adverse effects on the surrounding area.

  4. Special regulations

    1. Demolition

      Except in Area E, no demolition permit or alteration permit for alterations which may affect the character or design of the facade of a #building or other structure# shall be issued by the Department of Buildings, except as permitted by the Commission, unless it is an unsafe #building or other structure# and demolition or alteration is required pursuant to the provisions of Chapter 26, Title C, Part I, Article 8, or its successor, of the New York City Administrative Code. An applicant for any such permit shall notify the Landmarks Preservation Commission of the application.

      The Commission, by special permit, may allow:

      1. the alteration of such #building or other structure#, provided that such alteration treatment of the facade relates harmoniously to the character and materials of the original facade and to the adjoining #buildings or other structures#; or

      2. the demolition of such #buildings or other structures#, other than those deemed unsafe as defined by the Department of Buildings, provided that the Commission finds that the existing #building or other structures# are not suitable for rehabilitation.

      Where a #building or other structure# has been demolished pursuant to this Section, the Commission may, by special permit, allow the replacement of the demolished structure provided that the design of the new structure in terms of scale, #lot coverage#, #building# height and exterior treatment of the facade shall replicate as nearly as possible the design and site plan of the original #building#.

    2. Special height regulations

      In order to preserve the unique character of the Special District and to protect the views of and to the water within the Special District, Section 23-631 (General provisions) shall apply except that the maximum height for any #development# or #enlargement# shall be 32 feet or three #stories#, whichever is less.

    3. Location of zoning district boundaries at the shore line

      Zoning district boundary lines shall coincide with the shore line lawfully existing on April 28, 1983, or any natural or lawful alteration thereof.

      A zoning district boundary line which intersects the shore line lawfully existing on April 28, 1983 shall be prolongated, in a straight line, to such naturally or lawfully altered shore line. Lawfully approved piers or other lawfully approved structural extensions of the shore line, as may be so altered, shall not generate development rights.

    4. Designated open space

      Any #development# or #site alteration# on a #zoning lot# which contains #designated open space# as shown on the District Plan, shall require certification by the Commission that such #designated open space# shall not be reduced in size or altered in shape and shall be preserved in its natural state by the owner of the #zoning lot#.

      Planting, landscaping or provision of footpaths or sitting areas are permitted in any part of #designated open space#, provided that such improvements do not involve removal of trees or alteration of existing topography, and do not obstruct pedestrian movement within the public pedestrian ways.

      #Designated open space# may be used for active recreational facilities provided that the Commission certifies that such #uses# have minimal impact on tree removal, topographic alteration or drainage conditions.

      All #designated open spaces# shall be directly accessible to the public from public rights-of-way between dawn and dusk. A prominent plaque or other permanent #sign# shall be displayed on all #designated open spaces# in a prominent location, designated by the Commission, visible from the adjacent public right-ofway. Such plaque or permanent #sign# shall have a #surface area# of not less than three nor more than six square feet, and shall contain the following statement:

      • "This area is open to the public between sunrise and sunset."


    5. District plan

      The District Map for the #Special Fort Totten Natural Area District#-4 (Appendix A) identifies specific areas comprising the District Plan in which special zoning regulations carry out the general purposes of the #Special Fort Totten Natural Area District#-4. The District Plan is set forth in Appendix A and is made an integral part hereof. These areas and the specific paragraphs of this Section which contain regulations pertaining thereto are as follows:

      • Area A Historic fort area - (d)(6)
      • Area B Planned community area - (d)(7)
      • Area C Water related area - (d)(8)
      • Area D Bay area - (d)(9)
      • Area E Development area - (d)(10)

    6. Historic fort area (Area A)

      Within Area A (Fort Area) there shall be no #development# nor #enlargement# of existing #buildings or other structures# except that the Commission may authorize necessary renovation to protect existing structures. In all cases the Commission shall refer all applications to the Landmarks Preservation Commission and Department of Parks and Recreation or other City agencies with primary responsibilities in the conservation area, for its report thereon.

    7. Planned community area (Area B)

      In order to protect the unique scale, character and design relationships between the existing #buildings# and public #open spaces# and parade grounds, no #development#, #enlargement# nor alteration of landscaping or topography shall be permitted, except as set forth herein and as provided by paragraph (d)(1) of this Section.

      1. Special permit

        For any #development#, #enlargement# or alteration of landscaping or topography, the Commission may, by special permit, allow:

        1. the unused total #floor area#, #dwelling units# or #rooming units# permitted by the applicable district regulations for all #zoning lots# within the development to be distributed without regard for #zoning lot lines#;

        2. the total #open space# or #lot coverage# required by the applicable district regulations for any #zoning lot# within the development to be distributed without regard for #zoning lot lines#;

        3. minor variations in the #yard# and #court# regulations required by the applicable district regulations;

        4. minor variations in the height and setback regulations required by the applicable district regulations;

        5. modifications of the minimum spacing requirements consistent with the intent of the provisions of Section 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot);

        6. permitted or required #accessory# off-street parking spaces to be located anywhere within the #development# without regard to #zoning lot lines#, or the provisions of Sections 25- 621 (Location of parking spaces in certain districts) and 25-631 (Location and width of curb cuts in certain districts), subject to findings of Section 78-41 (Location of Accessory Parking Spaces), or where such requirement substantially injures the functioning of the existing area, authorize waiver of all or part of the required parking.

      2. Findings

        As a condition precedent to the granting of a special permit under the provisions of paragraph (d)(7)(i) of this Section, the Commission shall make the following findings:

        1. that the #development#, #enlargement# or said alteration is related to the existing #buildings or other structures# in the Planned Community Area (Area B) in scale and design, and that the #development# will not seriously alter the scenic amenity and the environmental quality of the area;

        2. that the #development# or #enlargement# be sited in such a manner as to preserve the greatest amount of #open space# and landscaping that presently exists, consistent with the scale and design of the existing #buildings# and the landscaping surrounding the new landscaping arrangement and conditions of the community;

        3. that the #development# or #enlargement# is sited such that it will not require at the same time, or in the foreseeable future, new access roads or exits, off-street parking or public parking facilities that will disrupt or eliminate major portions of #open space# and landscaping or will generate large volumes of traffic which will diminish the environmental quality of the community;

        4. that minimal landscaping is to be removed during construction and such areas will be fully restored upon completion of construction.

        The Commission may prescribe appropriate conditions and safeguards, including covenants running with the land which shall permit public or private enforcement reflecting terms, conditions, and limitations of any special permit hereunder to minimize adverse effects on the character and quality of the community.

      3. Parade ground

        Unless ownership is retained in a governmental agency, the parade ground #designated open space# shall be commonly owned with a #zoning lot# within Area B or Area E and the maintenance of the parade ground shall be the collective responsibility of said owner or owners. The parade ground shall be used for open recreational #uses# and may contain minor #accessory# structures to said #use#. The parade ground shall be directly accessible from the adjoining #streets# along its entire perimeter. There shall be no fences nor walls around or within the parade ground.

    8. Water-related area (Area C)

      In order to protect the unique aquatic and botanic characteristics of the area, there shall be no #development# in Area C except as provided by paragraph (d)(1) of this Section.

    9. Bay area (Area D)

      In order to promote waterfront-related activities, only the following #uses# of the C3 District shall be permitted in Area D:

      1. #residential uses#, which #uses# are permitted only above the ground floor of those #buildings# existing prior to April 28, 1983;

      2. all #uses# of Use Group 14, except for boat showrooms or sales, and the storage, repair, or painting of boats other than crew sculls used for intercollegiate competition;

      3. all retail or service establishment #uses# of Use Group 6, except automobile supply stores.

    10. Development area (Area E)

      Any #zoning lot developed# predominantly for #residential uses# may be considered a #large-scale residential development#, and authorizations or special permits for such #zoning lot# may be granted in accordance with the provisions of Article VII, Chapter 8, except that the #accessory uses# of 78-22 (Accessory Uses in Large-Scale Residential Developments) shall not apply.

      Any #zoning lot developed# predominantly for #community facility uses# may be treated as a #large-scale community facility development#, and authorizations or special permits for such #zoning lot# may be granted in accordance with the provisions of Article VII, Chapter 9.

      In Area E, the Commission may authorize clustering of #single-family# and #two-family residences# and a modification of housing types in order to maximize the preservation of existing #natural features# in the area, and to provide adequate view protection, and to relate these new structures with the existing structures in the general vicinity. Clustering shall be limited to a maximum #street wall# of 100 feet.

      Any and all bonuses permitted in Sections 78-32 through 78-353, inclusive, shall not apply to #development# in Area E.
(1/19/16)

Map 1. Special Fort Totten Natural Area District-4 Plan Map, Borough of Queens



Map 2. New York City Farm Colony-Seaview Hospital Historic District, Borough of Staten Island

(6/23/77)

Part I:

Certain botanic terms referred to in the text and Part II of this Appendix are explained below:
A "tree" is any woody plant with one trunk rising out of the earth and root system, from which branches then spring, usually at some distance from the earth. A tree may be deciduous or coniferous.

A "shrub" is a woody plant that has one or more trunks rising from the same root system instead of a single trunk. These trunks or stems may or may not branch at some distance from the earth. A shrub may be deciduous or coniferous.

A "herb" is a non-woody plant with a fleshy stem which dies back to the earth level at the end of the growing season. It may be annual, biennial, or perennial.

A "vine" is a woody plant whose trunk or stem must be supported by the general environment or other plants. It is unable to stand on its own.

A "grass" is a family of herbaceous plants, rarely woody, with hollow round stems.

An "annual" is a plant which completes its life cycle in the space of one growing season, that is, it goes from seed to full plant and flower and sets seed in a single season.

A "biannual" is a plant which requires two years to grow from seed to mature plant capable of producing seed and then dies.

A "perennial" is a plant which lives more than one or two years and usually produces seeds for more than a few years.

A "fern" is a perennial, flowerless plant which reproduces by spores.

An "association" is a grouping of many plant species over a wide area sharing a common habitat and similar geographic conditions.

A "community" is a series of plants, animals, algae, fungi, grasses, trees, shrubs, herbs and other life forms which characteristically grow and live together in harmony, creating a balanced biological environment.

Part II:

Description of Natural Features defined in Section 105-10 (NATURAL FEATURES):
  1. Geologic features

    1. Rock outcrop
      A rock outcrop shows the type of rock underlying the area, the results of surface abrasion by glacier, waterborne or windborne matter, or the results of chemical or temperature weathering.

    2. Geologic deposits
      Geologic deposits include:

      Soils of different origins such as loess and mineral deposits such as artinite, garnets, zircon, topaz, beryl, tourmaline, algite, tremolite, serpentine, muscovite, amethyst, peridot, jadeite, geodes and other elements of the Precambrian, Odovician, Triassic, Cretaceous, Pleistocene and Holocene geology found in New York City.

      An erratic boulder is a relatively large mass of rock which has been moved significant distances from its parent rock to be left amidst a geologic area which has a different history and origin than the parent.

  2. Topographic features

    1. #Steep slope#

      A #steep slope# includes ground formation with sharp inclines such as hills and palisades.

    2. Existing natural topography

      Existing natural topography includes terrain other than #steep slope# areas.

    3. #Topsoil#

      #Topsoil# includes all of the A horizon, specifically, from top to bottom: the A1 litter layer where organic material, such as leaves and animal matter accumulate; the A2 fermentation layer where organic material is decomposed by fermentation, fungi, bacteria and soil organisms; the A3 humic layer where humus, resulting from the decomposition process, lies; and the B1 mixing layer where the humic substances become mixed with mineral matter.

  3. Aquatic features

    1. Laminarian zone

      1. Rock bottom

        Characteristic plants:

        Green algae:
        Chaetomorphia melagonium
        Cladaphora gracillis
        Codium fragile


        Brown algae:
        Asophyllum nodosum
        Sargassum filipendula
        Agraum cribrosum


        Red algae:
        Rhodymenia palmata (Dulse)
        Ceramium robrum
        Ahnefeltia plicata
        Polysiphonia lanosa
        Seirospora griffithsiana
        Callithamnion corymbosum


        Characteristic animals:

        Diadumeme leucolena - Pallid sea anemone
        Ceriantheopsis americanus - Worm sea anemone
        Astrangia danae - Star coral
        Crisia denticulata - Fringed moss animal
        Bugula turrita - Turreted moss animal
        Membranipora monostachys - Sea mat
        Lepas fasticularis - Northern sea barnacle
        Balanus balanoides - Rock barnacle
        Littorina littorea - Common periwinkle
        Littorina obtusata - Smooth periwinkle
        Littorina irrorata - Salt marsh periwinkle
        Crepidula fornicata - Common boatshell
        Polinices dublicatus - Shark eye
        Urosalpinx cinera - Oyster drill
        Mytilus edulus - Blue mussel
        Modiolus demissus - Ribbed mussel
        Crassostrea virginica - Virginia oyster
        Petricola pholadiformis - False angelwing

      2. Mud or sand bottom

        Characteristic plants:

        Green algae:
        Chaetomorphia melagonium
        Cladophroa gracillis
        Brown algae:
        Sargassum filipendula
        Laminaria agardhi
        Agarum cribosum


        Red algae:

        Rhodymenia palmata (Dulse)
        Cystoclonium purpureum
        Ahnefeltia plicata
        Polysiphonia lanosa
        Seirospora griffithsiana
        Callithamnion corymbosum


        Characteristic animals:

        Ceriantheopsis americanus - Worm sea anemone
        Littorina littorea - Common periwinkle
        Littorina obtusata - Smooth periwinkle
        Littorina irrorata - Salt march periwinkle
        Crepidula fornicata - Common boatshell
        Polinices dublicatus - Shark eye
        Lunatia heros - Common moonshell
        Mytilus edulus - Blue mussel
        Modiolus demissus - Ribbed mussel
        Nucula proxima - Atlantic nut clam
        Aequipecten irradians - Bay scallop
        Mercenaria mercenaria - Northern quahog
        Macome baltica - Baltic macoma
        Tagelus plebius - Stout razor
        Mya arenaria - Soft shell clam
        Corbulua contracta - Common basket clam

    2. Beach

      Characteristic saltwater beach animals:

      Beach flea:
      Orchestia agilis
      Talitrus longicornis


      Sandworms or Bristleworms:
      Nereis virens
      Nereis limbata
      Nephthys picata
      Arabella opalina
      Lumbriconereis tenuis
      Glycera americana
      Nerine agilis
      Cirratulus grandis
      Cistenides gouldii
      Clymenella torquata
      Maldane elongata


      Ghost shrimp:
      Penaeus brasiliensis
      Laldemonetes vulgaris
      Crangon vulgaris


      Ghost crab, Horseshoe crab, Green crab:
      Ocypoda arenaria
      Limulus polyphemus
      Carcindes moenas


      Blue crab:
      Callinectes sapidus
      Callinectes hastatus


      Lady crab,Sand crab,Rock crab:
      Ovalipes ocellatus
      Platyonichus ocellatus
      Cancer irroratus


      Fiddler crabs:
      UCA minax
      Gelasimus minax
      UCA pubnax
      Gelasimus pugnax
      UCA pugilator
      Gelasimus pugilator


      Pinnotheres maculatum - Oyster crab
      Venus mercenenia - Hardshell clam
      Mya arenaria - Softshell clam
      Enis directus - Razor clam
      Tagelus gibbus - Clam
      Psilaster florae - Starfish
      Amphiura squamata - Brittlestars
      Echinarachncus parma - Sand dollar


      Snails:
      Haminae solitaria
      Scala lineata
      Scala multistriata
      Polynices heros
      Polynices triseriata
      Polynices duplicata
      Crepidula fornicata
      Crepidula plana
      Littorina littorea (Periwinkle)
      Urosalpinx linera (Oyster drill)
      Eupleura caudata
      Columbella avara
      Columbella similis
      Columbella anachis
      Columbella astyris
      Columbella lunata
      Nassa trivittata
      Nassa obsoleta

    3. Tidal wetland or saltwater littoral zone

      1. Rock bottom

        Characteristic plants:

        Blue-green algae:
        Callothrix spp.
        Rivularia atra


        Green algae:
        Ulothrix flacca
        Enteromorpha intestinalis
        Ulva lactuca (Sea lettuce)
        Monostroma oxyspermum
        Codium fragile


        Brown algae:
        Fucus vesiculosus
        Fucus vesiculosus var spiralis
        Fucus spiralis
        Ascophyllum nodosum


        Red algae:
        Hildenbrandia prototypus
        Agardhiella tenera
        Chrondrus crispus (Irish moss)
        Bangia fuscopurpurea
        Porhyra umbilicalis
        Ceratium rubrum
        Ahnfeltia plicata
        Polysiphonis lanosa
        Scirospora griffithsiana
        Callithamnion corymbosum


        Characteristic animals:

        Lepas fascicularis - Northern sea barnacle
        Balanus balanoides - Rock barnacle
        Littorina littorea - Common periwinkle
        Littorina obtusata - Smooth periwinkle
        Littorina saxatilis - Rough periwinkle
        Littorina irrorata - Salt marsh periwinkle
        Crepidula fornicata - Common boatshell

      2. Mud or sand bottom

        Characteric plants:

        Blue-green algae:
        Callothrix spp.
        Lyngbya majuscula
        Rivularia atra (Mermaids hair)
        Rhizoslonium fragile


        Green algae:
        Enteromorpha linza
        Ulva lactuca (Sea lettuce)
        Monostroma oxyspermum
        Codium fragile


        Red Algae:
        Chrondrus crispis (Irish moss)
        Bangia fuscopurpurea
        Porhyra umbilicalis
        Ceramium rubrum
        Ahnfeltia plicata
        Polysiphonia lanosa
        Scirospora griffithsiana
        Callithamnion corymbosum
        Bacchairs halmilifolio - Groundseltree
        Distichlis spicata - Alkali grass
        Hybiscus palustris - Marsh mallow
        Iva fructescens - Marsh elder
        Juncus gerardi - Black grass
        Limonium carolinianum - Sea lavender
        Phragmites communis - Reed
        Ruppia maritima - Wigdeon grass
        Salicornia spp. - Perennial saltwart
        Spartina alternifolia - Smooth cordgrass
        Spartina cynosuroides - Salt reedgrass
        Spartina patens - Salt hay
        Spartina pectinata - Freshwater cordgrass
        Zostera pectinata - Eelgrass


        Characteristic animals:

        Ceriantheopsis americanus - Worm sea anemone
        Littorina littorea - Common periwinkle
        Littorina saxatilis - Rough periwinkle
        Littorina littorea - Salt marsh periwinkle

    4. Swamp

      Characteristic plants:

      Acer rubrum - Red maple
      Acer - Silver maple
      Alnus spp. - Alder
      Arisaema triphyllum - Jack in the pulpit
      Cephalanthus occidentalis - Buttonbush
      Cornus florida - Dogwood
      Epilobium hirsutum - Willowherb
      Hibiscus moscheutus - Rosemallow
      Salix spp. - Willow
      Smilax glauca - Catbrier
      Smilax rotundifolia - Bulbrier
      Quercus palustris - Pin oak

    5. Marsh

      Characteristic plants:

      Acnida - Waterhemp
      Acorus calamus - Sweetflag
      Cyperus spp. - Chufa
      Echinochola - Wild millets
      Eleocharis - Spikerushes
      Impatiens pallida - Jewelweed
      Leersia orysoides - Rise cutgrass
      Phragmites communis - Reeds
      Pontederia cordata - Pickerelweed
      Polygonum - Smartweed
      Sagittaria - Arrowhead
      Scirpus cyperinus - Sedge bullrush
      Typha latifolia - Cattails
      Zizania aquatica - Wild rice

    6. Bog

      Characteristic plants:

      Andromeda folifolia - Bog rosemary
      Arethusa bulbosa - Swamp pink
      Caldopogon pulcherlus - Grass pink
      Chamaedaphne calyculata - Leatherleaf,
      marsh cinquefoil
      Drosera rotundifolia - Sundew plant
      Eriophorum virginidum - Cottongrass
      Iris versicolor - Blue flag, wild iris
      Ledum groenlandicum - Labrador tea
      Menyanthes trifoliata - Bogbean
      Myrica gale - Sweetgale
      Peltandra virginica - Snakes-mouth orchid
      Rhododendron viscosum - Swamp azalea
      Sarracenia purpurea - Pitcher plant
      Solidago uliginosa - Bog goldenrod
      Sphagnum - Sphagnum moss
      Urtricularia conuta - Horned bladderword
      Vaccinium macrocarpon - American cranberry
      Vaccinium oxycoccus - Dwarf cranberry

    7. Meadow

      Characteristic plants:

      Amelanchier canadensis - Shadbush
      Apios americana - Groundnut
      Lilium supurbum - Turks cap lily
      Impatiens pallida - Jewelreed
      Lysmachia terrestris - Swamp-candles
      Lythrum calicaria - Spiked loosetrife
      Sambucus canadensis - Elderberry
      Spirea tomentosa - Steeplebush

    8. Creek, stream or brook

      Creeks, streams and brooks are often classified by the rate at which the water flows, a fast stream being a water flow of about two feet per second. Creeks, streams and brooks are valuable for their drainage function, the fish they contain both as a source of sport and for the other forms of life which relate to the animal and plant life dependent upon the stream.

      1. Fast creek, stream or brook

        Characteristic plants:

        Fontalis - Water moss
        Ulothrix - Algae
        Diatoma - Diatoms
        Gomphonema

        Characteristic animals:

        Caddisflies:
        Trichoptera
        Phyganea
        Rhyacophila
        Philopotamidae
        Hydropsychidae
        Hydropsyche
        Pharyganeidae
        Limnephilidae
        Leptocerus
        Leptocella
        Anthrpsodes
        Oecetis
        Brachyecentridae
        Helicopsychidae

        Simulium - Blackfly
        Ple coptera - Stonefly
        Tipulidae - Cranefly
        Neuroptera - Dobsonfly
        Ephemeroptera - Mayfly
        Osonychia
        Percina caprodes - Log perch
        Salvelinus fortinalis - Brook trout
        Salmo gairdneri - Steelhead trout
        Salmo trutta - Brown trout
        Salmo salar - Atlantic salmon

      2. Slow creek, stream or brook

        Characteristic plants are the same as those in a lake or pond.

        Characteristic animals:

        Dragon Fly:
        Anisoptera
        Iodonata

        Water striders:
        Gerridae
        Hempitera
        Odonata

        Zygoptera - Damselflies
        Orixidae - Waterboatmen
        Hexagenia - Mayfly
        Sphaerium - Fingernail clam
        Semotilus atromaculatus - Creek chub
        Ictalurus punctatus - Channel catfish
        Ictalurus catus - White catfish
        Ictalurus melas - Black catfish
        Cyprinus carpio - Carp
        Esox lucius - Northern pike
        Esox americanus - Little pickerel
        Esox niger - Chain pickerel
        Roccus americana - White perch
        Roccus saxatilis - Striped bass

    9. Lake or pond

      Characteristic plants:

      Ceratophyllum demersum - Coontail

      Duckweeds:
      Lemna
      Spirodella
      Wolffia
      Wolfflella

      Myriophyllum - Watermillfois
      Najas - Naiads
      Nuphar - Cowlilies
      Nymphaea - Waterlilies
      Potamogeton - Pondweeds
      Vallisneria spiralis - Wild celery

    10. Spring

      Characteristic plants and animals are the same as those found in a swamp, marsh, bog, meadow, creek, stream, brook, lake or pond.

  4. Botanic environment

    1. Primary succession community area

      Characteristic plants:

      Achillea millefolium - Yarrow
      Anagallis areensis - Scarlet pimpernel
      Anaphalis margaritacea - Pearly everlasting
      Antennaria plantaginifolia - Pussy's toes
      Artemisia caudata - Tall wormwood
      Asclepias syriaca - Common milkweed
      Asclepias tuberosa - Orange milkwood
      Asparagus officinalis - Garden asparagus
      Aster ericoides - Heath aster
      Aster linariifolius - Stiff-leaved aster
      Brassica nigra - Black mustard
      Chrysanthemum leucanthemum - Ox-eye daisy
      Cichorium intybus - Chicory
      Cirsium arvense - Canada thistle
      Cirsium discolor - Field thistle
      Convolulus sepium - Wild morning glory
      Coreopsis lanceolata - Coreopsis
      Cytisus scoparius - Scotch broom
      Datura stramonium - Jimsonwee
      Daucus carota - Queen Anne's lace
      Dianthus armeria - Deptford jink
      Dianthus plumarius - Garden pink
      Epilobium angustifolium - Fireweed
      Erodium circutarium - Stork's bill
      Eupatorium hyssopifolium - Hyssop-leaved boneset
      Euphorbia cyparissia - Cypress spurge
      Frageria virginiana - Wild strawberries
      Gnaphalium obtusifolium - Sweet everlasting
      Holcus lanatus - Velvetgrass
      Hypericum gentianoides - Pineweed
      Hypericum perforatum - Common St. Johnswort
      Hypochoeris radicata - Cat's ear
      Linaria canadensis - Old-field-toadflax
      Linaria vulgaris - Butter-and-eggs
      Lonicera japonica - Japanese honeysuckle
      Lychnis alba - White campion
      Matericaria matricariodes - Pineappleweed
      Ooenothera biennis - Evening primrose
      Opuntia humifusa - Prickly pear cactus
      Oaxalis stricta - Yellow wordsorrel
      Phytolacca americana - Pokeweed
      Plantago lanceolata - English plantain
      Polygonum persicaria - Lady's thumb
      Polygonum pennsylvanicum - Pinkweed
      Potentilla canadensis - Old-field cinquefoil
      Potentilla recta - Sulphur cinquefoil
      Rana unculus repens - Creeping buttercup
      Rosa virginiana - Virginia rose
      Rudebeckia hirta - Black-eyed-susan
      Saponaria officinalis - Bouncing-bet
      Sedum acre - Stone crop
      Solanum americanum - Black nightshade
      Solanum dulcamara - Bitter nightshade
      Solidago nemoralis - Grey goldenrod
      Solidago puberula - Purple-stemmed goldenrod
      Solidago tenuifolia - Grass-leaved goldenrod
      Spergularia rubra - Pink sand-spurry
      Tanacetum vulgare - Tansy
      Taraxicum officinale - Dandelion
      Trichostemma dichotomum - Blue curls
      Trifolium arvense - Rabbitfood clover
      Verbascum thapsus - Mullein
      Yucca fllamentosa - Yucca

    2. Secondary succession community area

      Characteristic plants of a secondary succession community area include the species found in a primary succession community area, a swamp, a meadow, and the following species:

      Acer rubrum - Red maple
      Amelanchier canadensis - Shadbush
      Amelanchier obovalis - Serviceberry
      Betula lenta -Black birch
      Betula lutea - Yellow birch
      Betula populifolia - Gray birch
      Cornus florida - Flowering dogwood
      Larix laricina - American larch
      Lindera benzoin - Spice bush
      Picea mariana - Black spruce
      Pinus rigida - Pitch pine
      Pinus strobus - White pine
      Prunus serotina - Black cherry
      Prunus virginiana - Choke cherry
      Rhus copallina - Dwarf sumac
      Rhus glasbra - Smooth sumac
      Rhus typhina - Staghorn sumac
      Rubus spp. - Blackberries
      Salix spp. - Willow
      Sambucus canadensis - Elderberry
      Smilax rotunoifolia - Bull brier
      Tilia americana - American basswood
      Vaccinium - Blueberry

    3. Climax community area

      Characteristic plants:

      Acer rubru - Red maple
      Acer saccharum - Sugar maple
      Amelanchier obovalis - Serviceberry
      Azalea spp. - Azalea
      Betula lenta - Sweet birch
      Betula lutea - Yellow birch
      Betula pupulifolia - Grey birch
      Carpinus caroliniana - Ironwood
      Carya laciniosa - Shelbark hickory
      Carya glasbra - Pignut hickory
      Carya ovata - Shagbark hickory
      Carya tomentosa - Mockernut hickory
      Castanea dentata - American chestnut
      Celtis occidentalis - American hackberry
      Chamaecyparis thyoides - Atlantic white cedar
      Cornus florida - Flowering dogwood
      Diospyros virginiana - Persimmon
      Fagus grandifolia - American beech
      Fraxinus americana - White ash
      Gaylussacia - Huckleberry
      Hamamelis virginiana - Witch hazel
      Ilex opaca - Holly
      Juglans cinera - Butternut
      Juglans nigra - Black walnut
      Juniperus virginiana - Red cedar
      Kalmia latifolia - Laurel
      Larix laricina - Larch
      Liquidamber styraciflua - Sweet gum
      Liriodendron tulipifera - Tulip-tree, Yellow poplar
      Nyssa sylvatica - Sour gum
      Ostrya virginiana - Hop hornbean
      Picea mariana - Black spruce
      Pinus rigida - Pitch pine
      Pinus strobus - White pine
      Prunus serotina - Black cherry
      Prunus virginiana - Choke cherry
      Quercus prinus - Chestnut oak
      Quercus alba - White oak
      Quercus bicolor - Swamp oak
      Quercus coccinea - Scarlet oak
      Quercus pallustris - Pin oak
      Quercus rubra - Red oak
      Quercus velutina - Black oak
      Sambucus canadensis - Elderberry
      Sassafras variifolium - Sassafras
      Tilia americana - American basswood, linden
      Tsuga canadensis - Hemlock
      Ulmus americana - American elm
      Vaccinium spp. - Blueberry

    4. Dune and heathland

      Characteristic plants:

      Aster undulatus - Skydrop aster
      Ammophilia Breviligulata - Beachgrass
      Baptisia tinctoria - Wild indigo, rattle box
      Corema couradii - Broom crowberry
      Comptonia peregrina - Sweetfern
      Deschampaia flexuosa - Wavyhair grass
      Gaylussacia baccata - Black huckleberry
      Helianthum canadense - Frostweed
      Hieracium venosum - Rattlesnake weed
      Hudsonia ericoides - Golden beachheather
      Hudsonia tomentosa - Woolly beachheather
      Hyrica pennsylvanica - Bayberry
      Potentilla tridentata - Three toothed cinquefoil
      Rubus spp. - Blackberries, raspberries
      Vaccinium angustifolium - Low sweet blueberries

    5. Wild grassland

      A wild grassland exists usually on poor soils and is composed of a mixture of native grasses, such as the following:

      Dantonia spicata - Poverty oat grass
      Andropogon virginicus - Broomsedge
      Bromus spp. - Bromegrass
(2/2/05)

Ground Covers

BOTANICAL NAME COMMON NAME
Adiantum pedatum Maidenhair fern
Agrostis perennans (A. altissima) Autumn bent-grass
Anaphalis margaritacea Pearly everlasting
Andropogon gerardii Big Bluestem
Andropogon glomeratus Bushy bluestem
Andropogon virginicus Broom Sedge
Anemone canadensis Canada anemone
Antennaria plantaginifolia Plantain-leaved pussytoes
Arctostaphylos uva-ursi Bearberry
Asarum canadense Wild ginger
Aster cordifolius Heart-leaved aster
Aster divericatus White wood aster
Aster ericoides Heath aster
Aster lanceolatus (A. simplex) Lined aster
Aster macrophyllus Large-leaved aster
Aster novae-angliae New England aster
Athyrium felix-femina (A. asplenoides) Lady fern
Athyrium thelypteroides Silvery glade fern
Carex appalachica (C. radiata) Sedge
Carex pensylvanica Pennsylvania sedge
Chimaphila maculata Spotted or stripped
wintergreen/Pipsissewa
Chimaphila umbellata Pipsissewa,Prince's pine, Bitter
wintergreen
Chrysopsis mariana Maryland golden aster
Danthonia compressa Flattened oat grass
Danthonia spicata Oatgrass, Poverty grass
Dennstaedtia punctilobula Hay-scented fern
Deschampsia caespitosa Tufted hair grass
Deschampsia flexuosa Common hair grass, Crinkled hair
grass
Dryopteris intermedia Common wood fern
Dryopteris marginalis Marginal wood fern, Leatherleaf
wood fern
Erigeron philadelphicus Daisy fleabane
Eupatorium maculatum Spotted Joe-Pye-Weed
Eupatorium rugosum White snakeroot
Eupatorium sessilifolium Upland boneset
Fragaria virginiana Wild strawberry, Virginia
strawberry
Gaultheria hispidula Creeping snowberry, Creeping pearl
berry
Gaultheria procumbens Wintergreen, Teaberry,
Checkerberry
Geranium maculatum Wild geranium, Spotted cranesbill
Geum canadense White avens, Winter
rosette
Heuchera americana Hairy alum root, Rock geranium
Hypericum ellipticum Pale St. John's Wort
Muhlenbergia schreberi Nimblewill
Oenothera fruticosa Sundrops, Wild beet,
Suncups, Scabish
Onoclea sensibilis Sensitive fern, Bead fern
Osmunda claytoniana Interrupted fern
Panicum clandestinum Deer tongue grass
Panicum virgatum Switch grass, Wild red top, Thatch
grass
Parthenocissus quinquefolia Virginia creeper, Woodbine,
American ivy
Phlox subulata Mountain phlox, Moss pink, Moss
phlox
Polygonatum biflorum Smooth Solomon=s seal, True King
Solomon=s seal
Polygonatum virginianum (Tovaria v.) Jumpseed
Polypodium virginianum P. vulgare, Rocky polypody, Am.
wall fern
Polystichum acrostichoides Christmas fern, Dagger fern, Canker
break
Rudbeckia hirta var. hirta Black-eyed Susan
Rudbeckia triloba Thin-leaved cone flower
Thelypteris noveboracensis New York fern
Tiarella cordifolia Allegheny foamflower, False
mitrewort
Tradescantia virginiana Virginia Spiderwort, Common S.,
Widow's tears
Verbena hastata Blue vervain
Vernonia noveboracensis New York ironweed
Verbesina alternifolia (Actinomeria a.) Wingstem
Viola sororia Wooly blue violet sister violet,
Dooryard violet


Shrubs

Amelanchier canadensis Shadblow
Amelanchier laevis (A. arborea) Serviceberry, Allegheny
Aronia arbutifolia Red chokeberry
Aronia melanocarpa Black chokeberry
Clethra alnifolia Sweet pepperbush, Summersweet
Comptonia peregrina Sweet fern, Meadow fern,
Spleenwort bush
Cornus amomum Silky dogwood
Cornus racemosa Gray dogwood, Red-panicled dogwood
Cornus sericea (C. stolonifera) Red osier dogwood
Corylus americana American hazelnut
Corylus cornuta Beaked hazelnut
Diervilla lonicera Bushhoneysuckle, Blue herb, Gravel
weed
Diervilla lonicera Witch hazel
Ilex glabra Inkberry, Gallberry
Ilex verticillata Winterberry
Juniperus communis Common juniper
Juniperus horizontalis Creeping juniper, Creeping cedar/
Savin
Kalmia angustifolia Sheep laurel
Kalmia latifolia Mountain laurel
Lindera benzoin Spice bush
Myrica pensylvanica Northern bayberry
Physocarpus opulifolius Common ninebark
Potentilla fruticosa Cinquefoil, Bush cinquefoil
Rhododendron maximum Great laurel
Rhododendron periclymenoides Pinkster azalea
Rhododendron viscosum Swamp azalea
Rhus aromatica Fragrant sumac, Sweet scented
sumac/Lemon sumac
Rhus copallina Winged sumac
Rhus glabra Smooth sumac
Rhus typhina Staghorn sumac
Rosa blanda Smooth rose, Meadow rose
Rubus alleganiensis Common blackberry, Allegheny
blackberry
Salix humilis Prairie willow
Salix lucida Shining willow
Sambucus canadensis American elderberry
Spirea tomentosa Hardhack spirea
Vaccinium angustifolium Lowbush blueberry
Vaccinium corymbosum Highbush blueberry
Viburnum acerifolium Maple leaf viburnum
Viburnum alnifolium (V. Lantanoides) Hobble bush
Viburnum dentatum Arrowwood viburnum
Viburnum lentago Nanny-berry
Viburnum prunifolium Black-haw
(2/2/05)

Small Trees

BOTANICAL NAME COMMON NAME
Amelanchier laevis Serviceberry
Betula nigra River birch
Betula populifolia Grey birch
Carpinus caroliniana Hornbeam
Cercis canadensis Eastern redbud
Cornus florida Flowering dogwood
Crataegus crus-galli inermis Thornless cockspur hawthorn
Crataegus phaenopyrum Washington hawthorn
Hamamelis virginiana Witch hazel
Ilex opaca American holly
Juniperus virginiana Eastern red cedar
Populus tremuloides Quaking aspen


LARGE TREES

BOTANICAL NAME COMMON NAME
Acer rubrum Red maple
Acer saccharum Sugar maple
Betula lenta Black/Sweet birch
Betula papyrifera Paper birch
Celtis occidentalis Common hackberry
Chamaecyparis thyoides Cedar, Atlantic white
Fagus grandifolia American beech tree
Fraxinus americanum Ash, white
Fraxinus pennsylvanica Ash, green
Larix laricina Tamarack/American larch
Liquidambar styraciflua Sweet gum
Liriodendron tulipifera Tulip tree
Nyssa sylvatica Black tupelo
Picea rubens Spruce, red
Pinus resinosa Pine, red
Pinus rigida Pine, pitch
Pinus strobus Pine, eastern white
Platanus occidentalis American Sycamore
Populus deltoides Eastern cottonwood
Populus grandidentata Aspen, big toothed
Quercus alba White oak
Quercus borealis Northern red oak
Quercus palustris Pin oak
Quercus phellos Willow oak
Quercus prinus Chestnut oak
Quercus rubra Red oak
Tilia americana Basswood
(2/2/05)

Street Trees

BOTANICAL NAME COMMON NAME
Acer rubrum Red maple
Amelanchier canadensis Shadbush, Serviceberry
Carpinus caroliniana American hornbeam,
Musclewood
Celtis occidentalis Hackberry
Crataegus crus-galli inermis Thornless cockspur
hawthorn
Crataegus phaenopyrum Washington hawthorn
Fraxinus pennsylvanica Green ash
Fraxinus americana White ash
Gingko biloba (male trees only) Gingko
Gleditsia triacanthos inermis Honey locust, thornless
Liquidambar styraciflua Sweet gum
Nyssa sylvatica Tupelo, swamp
Ostyra virginiana American hop hornbeam
Quercus palustris Pin oak
Quercus stellata Post oak
Quercus phellos Willow oak
Quercus rubra Northern red oak
Taxodium distichum Bald cypress
Tilia americana Basswood
Tilia cordata Little leaf linden
(2/2/11)

The "Special Coney Island Mixed Use District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:
  1. to stabilize the residential future of this mixed residential and industrial area by permitting expansion and development of residential and light manufacturing uses where adequate environmental standards are assured;

  2. to promote the opportunity for people to work in the vicinity of their residences;

  3. to provide a safe circulation system in this area of mixed residential and manufacturing use;

  4. to retain adequate wage, job-intensive, seasonally stable industries within New York City;

  5. to provide an opportunity for the improvement of Coney Island in a manner consistent with the objectives of the Comprehensive Plan of the City of New York; and

  6. to promote the most desirable use of land and thus to conserve the value of land and buildings and thereby protect the City tax revenues.
(10/9/13)

In harmony with the general purpose and intent of this Resolution and the general purpose of the #Special Coney Island Mixed Use District# and in accordance with the provisions of this Chapter, regulations of the #Special Coney Island Mixed Use District# shall replace and supersede the existing district regulations. In #flood zones#, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

All #residences#, #community facilities#, and Use Group 4B open #uses# shall be subject to all the provisions applicable in R5 Districts, except as otherwise specifically provided in this Chapter. The special regulations relating to #predominantly built-up areas#, as defined in Section 12-10 (DEFINITIONS), shall apply to all #buildings# containing #residences#, except that #front yards# shall not be required.

All #commercial# and #manufacturing uses# shall be subject to all the provisions applicable in M1-2 Districts, except as otherwise specifically provided in this Chapter.

The #use# of any #building# may be changed to another #use# listed within the same Use Group or as provided in Sections 106- 12 (Special Permit Provisions for Residential Uses), 106-32 (Special Permit Provisions for Manufacturing and Commercial Use) or 106-33 (Changes of Manufacturing or Commercial Use).

In the case of a #zoning lot# occupied partly by #residential uses# and partly by other #uses#, the maximum #floor area ratio# on the #zoning lot# shall not exceed 2.00. In no event shall the total #floor area# of #residential uses# on a #zoning lot# exceed 1.65.

In any #building# above the level of the first #story# ceiling, #residential uses# shall not be located on the same #story# as or below #manufacturing# or #commercial uses#, and #manufacturing uses# shall not be located on the same #story# as or above #residential uses#.

#Zoning lots# adjacent to the #Special Coney Island Mixed Use District# shall not be subject to the provisions of Sections 42- 214 (Special provisions applying along district boundaries), 42- 412 (In M2 or M3 Districts), 42-42 (Enclosure or Screening of Storage), 42-44 (Limitations on Business Entrances, Show Windows or Signs), 42-56 (Special Provisions Applying along District Boundaries), 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES) or 44-583 (Restrictions on location of berths near Residence Districts).

Special regulations for #residential uses# are listed in Sections 106-11 and 106-12 of this Chapter.

Special regulations for #community facility uses# are listed in Section 106-21 of this Chapter.

Special regulations for #manufacturing# and #commercial uses# are listed in Sections 106-31, 106-32, 106-33 and 106-34 of this Chapter.

Special regulations for #buildings# containing both #residential# and #commercial uses# are listed in Sections 106-41 and 106-42 of this Chapter.
(1/9/75)
(2/2/11)

#Developments# or #enlargements# containing #residences# are allowed as-of-right, provided that:
  1. the #zoning lot# shares a common #side lot line# on at least one side with a #residential# or #community facility use#;

  2. the frontage along the #street line# of the #zoning lot# shall not exceed 60 feet, but in no event shall the total area of such #zoning lot# exceed 7,800 square feet;

  3. the #zoning lot# is not located within a continuous frontage of vacant #zoning lots# or #land with minor improvements# whose aggregate length exceeds 60 feet;

  4. the #zoning lot# is not located on Cropsey Avenue or on the east side of Stillwell Avenue; and

  5. no #manufacturing uses# or #uses# listed in Use Group 16 occupy the #zoning lot#.
(2/2/11)

The City Planning Commission may permit within the #Special Coney Island Mixed Use District#:
  1. change of #commercial# or #manufacturing use# to #residential use#; and

  2. modification in #yard# and off-street parking regulations for #residential uses# in #developments# or #enlargements#;
provided that the following findings are made:
  1. that a change of #use# from #manufacturing# or #commercial# to #residential use# shall not displace any #building# or #use#, or preempt any #zoning lot# which is essential to the normal functioning and growth of existing #manufacturing# or #commercial uses# within the district; and

  2. that such #residential uses# shall not be exposed to inordinate noise, smoke, dust, noxious odor or other adverse influences from #manufacturing uses# and traffic.
The City Planning Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
(1/9/75)
(2/2/11)

The City Planning Commission may permit within the #Special Coney Island Mixed Use District#:
  1. #development# of #community facility buildings#; and

  2. change of #use# of a #residential#, #manufacturing# or #commercial building# to a #community facility use#;
provided that the following finding are made:
  1. that such #community facility# is necessary to the growth and functioning of #residential# or #manufacturing uses# in the #Special Coney Island Mixed Use District#; and

  2. that a more suitable location for such #use# cannot be found outside the #Special Coney Island Mixed Use District#.
(1/9/75)
(1/9/75)

New #buildings# for #manufacturing uses# listed in Use Group M (Section 106-311) or #commercial uses# are allowed as-of-right, provided that:
  1. the #zoning lot# shares a common #side lot line# with a #manufacturing# or #commercial use#;

  2. the frontage along the #street line# of the #zoning lot# shall not exceed 60 feet, but in no event shall the total area of such #zoning lot# exceed 7800 square feet;

  3. the #zoning lot# is not located within a continuous frontage of vacant #zoning lots# whose aggregate length exceeds 60 feet;

  4. such #manufacturing use# is listed in Use Group M;

  5. such #commercial use# is listed in Use Groups 6, 7, 8, 9, 11 or 16 and is located on Neptune, Stillwell or Cropsey Avenues; and

  6. no #residential uses# occupy the #zoning lot#.
(9/9/04)

Apparel or other textile products from textiles or other materials, including hat bodies or similar products

Bottling work, for non-alcoholic beverages

Brushes or brooms

Cameras or other photographic equipment, except film

Canvas or canvas products

Cork products

Cosmetics or toiletries

Electrical appliances (small), including lighting fixtures, irons, fans, toasters, toys, or similar appliances

Electrical equipment assembly (small), including home radio or television receivers, home movie equipment, or similar products, but not including electrical machinery

Electrical supplies, including wire or cable assembly, switches, lamps, insulation, dry cell batteries or similar supplies

Fur goods, not including tanning or dyeing

Glass products from previously manufactured glass

Hair, felt or leather products, except washing, curing or dyeing

Hosiery

Ice, dry or natural

Laboratories, research, experimental or testing except those that involve dangerous or potentially explosive activities or animals

Leather products, including shoes, machine belting, or similar products

Luggage

Machine tools - small parts only

Machines, business, including typewriters, accounting machines, calculators, card-counting equipment, or similar products

Mattresses, including rebuilding or renovating

Musical instruments

Novelty products

Optical or precision instruments

Orthopedic or medical appliances, including artificial limbs, braces, supports, stretchers, or similar appliances

Printing or publishing

Sporting or athletic equipment, including balls, baskets, cues, gloves, bats, rods, or similar products

Statuary, mannequins, figurines, or religious art, excluding foundry operations

Textiles, spinning, weaving, manufacturing, printing, knit goods, yarn, thread or cordage, but not dyeing

Tobacco, including curing or tobacco products

Tools or hardware, including bolts, nuts, screws, doorknobs, drills or similar products

Toys

Umbrellas

Vehicles, children's (bicycles, etc.)

Venetian blinds, window shades or awnings

Wood products, cabinet making, pencils, baskets and other small products
(2/2/11)

The City Planning Commission may permit within the #Special Coney Island Mixed Use District#:
  1. #uses# listed in Section 106-311 (Use Group M) or #commercial uses# in #developments# not permitted by the provisions of Section 106-31 (Special Provisions for As-ofRight New Buildings for Use Group M or Commercial Use);

  2. change of #use# from a #residential use# to Use Group M or #commercial use#; and

  3. modifications in #yard# regulations for Use Group M or #commercial uses# in #developments# or #enlargements#;
provided that the following findings are made:
  1. that such #use# will comply with the regulations on performance standards of M1 Districts;

  2. that additional truck traffic generated by such #use# or the modification of #yard# regulations will not create harmful, congested or dangerous conditions; and

  3. that a change of #use# from #residential# to Use Group M or #commercial use# shall not displace or preempt any #building# which is essential to the functioning and growth of existing residences within the district.
The City Planning Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effect on the character of the surrounding area.
(1/9/75)

Within the #Special Coney Island Mixed Use District#, the #use# of any #building# may be changed to another #use# listed within the same Use Group, or as follows:

From Use Group                       To Use Group
5,6,7,8,9,10,11,12,13,15 6,7,8,9,11,14
16,17 or Use Group M 6,7,8,9,11,14,16,17 or
Use Group M
18 6,7,8,9,11,14,16,17,18 or
Use Group M
(2/2/11)

Where a #side lot line# of a #zoning lot# containing #manufacturing# or #commercial uses# coincides with the #side# or #rear lot line# of a #zoning lot# containing #residential uses#, #enlargements# or #developments# shall provide an open area not at any point more than five feet above nor five feet below #curb level#, and at least 15 feet wide.

Where the #rear lot line# of a #zoning lot# containing #manufacturing# or #commercial uses# coincides with a #side lot line# of a #zoning lot# containing #residential uses#, #enlargements# or #developments# shall provide an open area not at any point more than five feet above nor five feet below #curb level#, and at least 20 feet in depth.

Where a #zoning lot# containing #manufacturing# or #commercial uses# shares a common #rear lot line# with a #zoning lot# containing #residential uses#, #enlargements# or #developments# shall provide an open area not at any point more than five feet above nor five feet below #curb level#, and at least 30 feet in depth. Such open areas shall not be used for #accessory# offstreet parking, #accessory# off-street loading, or for storage or processing of any kind.
(1/9/75)
(2/2/11)

#Developments# containing both #residential# and #commercial uses# are allowed in the #Special Coney Island Mixed Use District#, provided that the regulations of this Chapter are met. No #buildings#, however, shall contain both #residential uses# and #uses# listed in Use Group 16.
(1/9/75)

No #front# or #side yards# are required for #buildings# containing both #residential# and #commercial uses#. For the #residential# portion of such #buildings#, the #rear yard# may be provided at any level not higher than the floor level of the lowest #story# used for #residential use#.
(1/9/75)
(2/2/11)

An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter shall include a site plan showing the location and proposed #use# of all #buildings or other structures# on the site, the location of all vehicular entrances and exits, and such other information as may be required by the City Planning Commission.

Special permit applications for #development# pursuant to Section 106-32 (Special Permit Provisions for Manufacturing and Commercial Uses) shall be referred to the Department of Transportation for its report, pursuant to Section 74-31, paragraph (d).
(1/9/75)

In all cases, the Commission shall deny any application whenever the #development# will interfere with a public improvement which has been approved by the Board of Estimate, the City Planning Commission, or the Site Selection Board.
(9/11/75)

The "Special South Richmond Development District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following purposes:
  1. to guide future development in accordance with the Land Use Plan for South Richmond and the Capital Improvement Plan for the Special District area;

  2. to promote balanced land use and development of future land uses and housing in the Special District area, including private and public improvements such as schools, transportation, water, sewers, drainage, utilities, open space and recreational facilities, on a schedule consistent with the City's Capital Improvement Plan and thereby provide public services and facilities in the most efficient and economic manner, and to ensure the availability of essential public services and facilities for new development within the area;

  3. to avoid destruction of irreplaceable natural and recreational resources such as lakes, ponds, watercourses, beaches and natural vegetation and to maintain the natural ecological balance of the area with minimum disruption of natural topography, trees, lakes and other natural features; and

  4. to promote the most desirable use of land in the South Richmond area and thus to conserve the value of land and buildings and thereby protect the City's tax revenues.
(2/2/11)

Definitions specially applicable in this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Arterial

An "arterial" is a #street# designated as an #arterial# in Section 107-25 (Special Regulations along Certain Streets or Railroads) whose function is primarily the accommodation of through vehicular traffic and to which special provisions of this Chapter apply. All such #arterials# are shown on the District Plan, Map 2 in Appendix A, which is hereby incorporated as an integral part of the provisions of this Chapter.

Development

For the purposes of this Chapter, a "development" includes a #development# as defined in Section 12-10 (DEFINITIONS), the #enlargement# of a non-#residential building#, or the #enlargement# of a #residential use# that involves the addition of one or more #dwelling units#.

To "develop" is to create a #development#.

Designated open space

"Designated open space" is a portion of the #open space network# located on a #zoning lot# as shown on the District Plan (Map 3 in Appendix A), and is to be preserved in its natural state in accordance with the provisions of the #Special South Richmond Development District#.

Detached

For the purposes of this Chapter a "detached" #building# is a #building# surrounded by #yards# or other open area on the same #zoning lot# or is a #building abutting# a #street line# which is surrounded by #yards# or open area on the same #zoning lot# except where the #building abuts# the #street line#.

Drainage scheme

A "drainage scheme" is a plan for a system of storm sewers and/or sanitary sewers intended to serve a #development# which is submitted to the Department of Environmental Protection for review and approval.

Open space network

The "open space network" is a planned system of #open spaces# as shown on the District Plan (Map 3 in Appendix A), which includes #public parks#, #park streets#, #designated open space# and the #waterfront esplanade#

Park street

A "park street" is a #street# designated as such in Section 107- 25 (Special Regulations along Certain Street or Railroads) and whose primary function is to provide connecting links for pedestrians and cyclists between portions of the #open space network# and to which special provisions of this Chapter apply. #Park streets# shall be designated to provide limited vehicular access.

Sewer acceptance

A "sewer acceptance" is the acceptance by the Department of Environmental Protection of a system of storm and/or sanitary sewers which were built in accordance with an approved #drainage scheme# intended to serve a #development#.

Site alteration

A "site alteration" is an alteration on any vacant tract of land, #land with minor improvements# or any tract of land containing #buildings or other structures#, which includes land contour work, topographic modifications, removal of topsoil, removal of trees of six-inch caliper or more, excavating, filling, dumping, changes in existing drainage systems, improvements in public rights-of-way, whether or not a permit is required from the Department of Buildings, the Department of Transportation or other public agencies. A #site alteration# shall include any land operation within #designated open space#.

Waterfront esplanade

The "waterfront esplanade" is a pedestrian way to be provided for public #use# within the #open space network# along the Raritan Bay waterfront, as shown on the District Plan (Map 3 in Appendix A).
(10/9/13)

In harmony with the general purpose and intent of this Resolution and the general purpose of the #Special South Richmond Development District#, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the underlying districts remain in effect. In #flood zones#, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

In addition to applicability as provided in Section 11-10 (ESTABLISHMENT AND SCOPE OF CONTROLS, ESTABLISHMENT OF DISTRICTS, AND INCORPORATION OF MAPS), the provisions of this Chapter shall apply to #site alterations# or subdivision of #zoning lots#, except:
  1. public improvement projects for which preliminary design contracts were approved by the Board of Estimate prior to January 2, 1975, or for which title was vested by the City prior to September 11, 1975; and

  2. any #large-scale development# for which an authorization or special permit was granted prior to September 11, 1975. For the purposes of this Chapter, the City Planning Commission may extend such authorization or special permit for a renewable term of one year provided that the Commission finds that the facts upon which the authorization or special permit was granted have not substantially changed and that the adoption of this amendment shall not constitute a substantial change of fact.
For all #developments# located within areas D, F, or K as shown on the District Plan (Map 4 in Appendix A), the applicant shall obtain from the City Planning Commission a certification indicating that the #development# complies with the approved South Richmond Development Plan. As a condition for such certification, the Commission shall find that:
  1. the minimum #lot area# for any #commercial development# is at least two acres;

  2. vehicular access and egress for the #development# is arranged so that it affords the best means of controlling the flow of traffic generated by such #development#; and

  3. due consideration has been given to relate the proposed #development# to the character of the surrounding area by providing suitable buffering, landscaping and #building# setbacks.
For such certification, the applicant shall submit to the Commission a site plan and drawings depicting the proposed #buildings# and location of off-street parking facilities, curb cuts and pedestrian walkways. For #residential uses# within Area K, the #bulk# and parking regulations of R3-2 Districts, as modified by this Chapter, shall apply.
(9/11/75)

An application to the City Planning Commission for a certification, authorization or special permit respecting a #development# or #site alteration# shall include a survey map prepared by a licensed land surveyor showing existing topography at two foot contour intervals, the location of all existing #buildings or other structures#, the location of all proposed #buildings or other structures#, the location of individual existing trees of six inch caliper or more, the location of any elements of the #open space network# on or adjacent to the #zoning lot#, and such other information as may be required by the Commission for its determination as to whether or not the certification, authorization or special permit is warranted.
(9/11/75)

In all cases, the City Planning Commission shall deny a special permit, authorization or certification application whenever a #development# will interfere with a public improvement project (including, without limitation, housing, highways, public #buildings# or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the Board of Estimate, City Planning Commission, or Site Selection Board.
(5/22/86)

The District Plan for the #Special South Richmond Development District# shows the #open space network#, #designated open space#, #park streets#, #waterfront esplanade#, and #building# setback lines. The elements of the District Plan are set forth in Appendix A, which is hereby incorporated as an integral part of the provisions of this Chapter.
(9/11/75)

Where planting of trees is required by the provisions of this Chapter, the selection of trees for their planting shall be in accordance with the Tree Selection Table set forth in Appendix B, which is hereby incorporated as an integral part of the provisions of this Chapter.
(2/2/11)

Within the Special District, any #zoning lot# existing on September 11, 1975 may be subdivided into two or more #zoning lots# provided that the existing topography, all individual trees of six inch caliper or more and all land located within a #designated open space#, to the greatest extent possible, are preserved under future #development# options. Any subdivision that is proposed to take place within the Special District after September 11, 1975 shall be filed with the City Planning Commission, and the Commission shall certify that such subdivision complies with the approved South Richmond Plan and the above objective. In the case of a subdivision of a tract of land containing #designated open space#, a site plan indicating the distribution of #bulk# for the individual #zoning lots# shall be submitted to the Commission. Such approved subdivision shall then be recorded in the land records and indexed against all #zoning lots#. The subdivision plan shall include a survey map indicating existing topography at two foot contour intervals, all individual trees of six inch caliper or more, and the location of #designated open space# within the area. When a #zoning lot# existing on September 11, 1975 is more than five acres and is intended to be subdivided, an area plan of the entire subdivision shall be filed with the Commission. The area plan shall include the proposed vehicular circulation system within the area, #block# and lot layouts and any other information required by the Commission.
(4/22/09)

The Chairperson of the City Planning Commission may, by certification, modify or waive a required #visual corridor#, as defined in Section 62-11, with respect to #developments#, including minor modifications thereto, that contain #designated open space# and a portion of the #waterfront esplanade#, where such #development# is conditioned upon a restrictive declaration that includes a site plan for such #development#, including provisions for public access to such #designated open space# and #waterfront esplanade#, provided that at least one required #visual corridor# continues to be provided pursuant to the restrictive declaration.
(9/11/75)
(9/11/75)

Prior to the approval of any application to the Department of Buildings for a #site alteration# or a #development#, the applicant shall file applications with the appropriate City agency requesting the certifications required in Section 107-12 (Public Facilities).

Any application to the Department of Buildings for a #site alteration# or #development# shall include a survey map or maps prepared by a licensed land surveyor showing, for the site, existing topography at two foot contour intervals and the locations, names and calipers of all existing trees of six inch caliper or more and; for any #development#, the application shall also include certifications from the appropriate City agencies as required by Section 107-12.

However, the requirements of a survey map at two foot contour intervals shall not apply to #zoning lots# 4,000 square feet or less owned separately and individually from all other adjoining #zoning lots# on September 11, 1975, and on the date of filing such application.

However, when a #zoning lot# which was owned separately and individually from all other adjoining #zoning lots# existing prior to January 2, 1975 is proposed to be #developed# with one #single-# or #two-family detached residence#, the certification reports of Section 107-12 shall not be required, but the provisions of local laws shall apply. When a permit for land contour work, storm water drainage systems or other #site alteration# work is required from the Department of Transportation or Department of Environmental Protection or when a public agency requires a #site alteration# on either privately or City-owned land, the public agency involved shall, prior to initiating or issuing a permit for such site work, notify the Department of Buildings.

The Department of Buildings and the public agency involved shall jointly determine that the proposed #site alteration# work is consistent with the provisions of Sections 107-31 (Topographic Regulations), 107-32 (Tree Regulations) and 107-25 (Special Regulations along Certain Streets and Railroads). In case of non-agreement, the provisions of Section 107-91 (Inter-agency Coordination) shall apply.
(9/11/75)
(2/2/11)

For any #development# containing #residential uses#, the Department of Buildings shall be in receipt of a certification from the Chairperson of the City Planning Commission which certifies that sufficient #school# capacity exists to accommodate the anticipated primary and intermediate public school children of the #development#. All applications for certification pursuant to this Section shall be referred by the Chairperson of the Commission to the Board of Education.

The Board of Education shall issue a report concerning the availability of #school# capacity within sixty days after receipt of the application. The Chairperson of the Commission shall respond within 90 days after receipt of an application. The report shall specify the following:
  1. whether or not #school# space is available;

  2. if #school# space is not available, the report shall include:

    (1) the number of seats required;

    (2) the grade organization;

    (3) the location of the #school#;

    (4) size of #school# (sq. ft. per pupil); and

    (5) the proposed financing mechanism.
For the purposes of this Section, sufficient #school# capacity shall be deemed to exist if:
  1. such capacity is available in existing #schools#; or

  2. construction funds have been authorized in the Capital Budget to accommodate anticipated primary and intermediate public school children from the #development# upon its completion or within three years from the date of the Chairperson's certification; or

  3. sufficient #school# space is to be provided by the applicant under a plan jointly approved by the Chairperson of the Commission and Board of Education.
After approval of the Chairperson of the Commission and Board of Education of the applicant's plan to provide the #school building#, the certification may be granted either upon approval of a financial agreement by the Board of Estimate or such guarantee of construction with provision for future #school# occupancy as may be accepted by the Board of Education and the Chairperson of the Commission.

However, the Chairperson of the Commission may grant such certification if capacity is not presently available and the Board of Education after consulting with the Community School Board determines that the impact from the #development# will have a minimal effect on the concerned #schools# and includes such statement in their report.

A certification by the Chairperson of the Commission that sufficient capacity will be available in the public #schools#, as set forth in the above circumstances, shall automatically lapse if substantial construction of the foundations of the #development# in accordance with approved plans has not been completed within one year from the date of such certification.

No certification concerning the availability of #school# capacity shall be required for any #development# within a predominantly built up area or within an area for which #drainage schemes# were approved prior to January 1, 1975. For the purposes of this Chapter, a "predominantly built up area" is a #block# having a maximum of four acres which is #developed# with #buildings# on #zoning lots# comprising 75 percent or more of the area of the #block#. All such #buildings# shall have a certificate of occupancy or other evidence acceptable to the Commissioner of Buildings issued not less than three years prior to the date of application for a building permit.
(8/18/83)

All land in the #open space network# as shown on the District Plan (Map 3 in Appendix A), except #public parks#, is subject to the provisions of this Section.
(8/18/83)

The City Planning Commission may adjust the boundaries of a #designated open space# on a #zoning lot# provided that such adjustment will not place the new boundary closer than 60 feet to a watercourse. As a condition for such adjustment in the boundaries, the Commission shall find that:
  1. such adjustment shall:

    1. result in a substantial improvement in the quality and usefulness of the #designated open space#; and

    2. permit #development# which better satisfies the purpose of this Chapter and include new features in the #designated open space# which will be at least equal in quality to those which are displaced from it; and

    3. provide an equivalent area replacement for the area removed from the #designated open space#; or

  2. such adjustment shall:

    1. be permitted to exclude:

      1. a #zoning lot# which is contiguous to exempted #zoning lots# along at least two #lot lines#; or

      2. a #zoning lot# which would otherwise be contiguous to exempted #zoning lots# along at least two #lot lines# but for the separation by a #street#; or

      3. #streets abutting# exempted #zoning lots#; and

    2. not substantially alter the utility and quality of the #designated open space#; or

  3. such adjustment shall:

    1. be in conjunction with a public improvement project approved by the City prior to September 11, 1975, for funding to exclude in whole or in part the bed of a mapped #street# and/or adjacent #zoning lots# or portions thereof; and

    2. not substantially alter the utility and quality of the #open space network#; or

  4. such adjustment shall:

    1. exclude, in whole or in part, private property contiguous with a #public park# which has been mapped since September 11, 1975; and

    2. not preclude the continuity to the #designated open space# or the public pedestrian way or the #waterfront esplanade#; and

    3. not substantially alter the utility and quality of the #designated open space#.
(9/11/75)

Any #development# or #site alteration# on a #zoning lot# which contains #designated open space# as shown on the District Plan (Map 3 in Appendix A), shall require certification by the City Planning Commission that:
  1. such #designated open space# shall be preserved in its natural state by the owner of the #zoning lot#; and

  2. where required by the Commission, the applicant has complied with the provisions of Section 107-222 (Public pedestrian ways); and

  3. where required by the Commission, as indicated on the District Plan, that the applicant has complied with Section 107-23 (Waterfront Esplanade).
Within any #designated open space#, removal of trees, alteration of topography, #development# of active recreational facilities or utility easements may be undertaken only in accordance with the provisions of this Section and Section 107-30 (TOPOGRAPHIC AND TREE REGULATIONS).

Planting, landscaping or provision of footpaths or sitting areas are permitted in any part of #designated open space#, provided that such improvements do not involve removal of trees or alteration of existing topography, and do not obstruct pedestrian movement within the public pedestrian ways.
(2/2/11)

#Designated open space# may be used for active recreational facilities provided that the City Planning Commission certifies that such #uses# are compatible with the purposes of the network #open space# and have minimal impact on tree removal, topographic alterations or drainage conditions.

Active recreational facilities may include swimming pools, tennis courts or facilities and equipment normally found in playgrounds, and shall comply with the #use# regulations of the underlying district.

In the development of active recreational facilities, no individual trees of six-inch caliper or more shall be removed except by special authorization of the Commission in accordance with the provisions of Sections 107-64 (Removal of Trees) or 107- 65 (Modification of Existing Topography). Active recreational facilities shall not be allowed within 60 feet of any watercourse in #designated open space# unless the Commission certifies that a location closer to such watercourse will not adversely affect the natural character of the watercourse or its drainage function. The Commission, where appropriate, shall be guided by the reports from other City agencies involved in land contour work, storm water drainage systems or similar operations.

If the City of New York acquires an easement for public access to any #designated open space# on which a #building# has been, is being or could be in the future, constructed in accordance with the provisions of this Chapter, the City's acquisition of an easement shall not affect the qualifications of the #designated open space# for satisfying #lot area# requirements, #yard# requirements, #floor area# or #lot coverage# restrictions or #open space# requirements as provided in Section 107-224 (Qualification of designated open space as lot area for bulk computations) and shall not be deemed to create a #noncompliance#.
(2/2/11)

For any #site alteration# or #development# on a #zoning lot# which contains #designated open space#, the City Planning Commission shall certify whether or not the applicant shall be required to provide a public pedestrian way through a portion of the #designated open space#.

When a public pedestrian way is required, it shall be built and maintained by the owner of the #zoning lot# and shall be accessible to the public at all times. The public pedestrian way shall be improved at the time the #site alteration# or #development# takes place, except that for #site alterations# or #developments# on a tract of land less than 1.5 acres, the Commission may allow the applicant to delay the construction of the public pedestrian way if the applicant complies with Section 107-24 (Performance Bond).

The location and dimension of such pedestrian way shall be determined by the Commission. The owner of the #zoning lot# may request the City to take an easement on the property. If the City of New York acquires an easement for public access to any #designated open space# on which a #building# has been, is being or could be in the future, constructed in accordance with the provisions of this Chapter, the City's acquisition of an easement shall not affect the qualifications of the #designated open space# requirements as provided in Section 107-224 (Qualification of designated open space as lot area for bulk computations) and shall not be deemed to create a #non-compliance#.
(4/30/12)

The following shall not be considered as obstructions when located in #designated open space#:
  1. Awnings and other sun control devices, pursuant to Section 23-44 (Permitted Obstructions);

  2. Balconies, unenclosed, subject to the provisions of Section 23-13;

  3. Eaves, gutters or downspouts projecting into such #designated open space# not more than 16 inches;

  4. Fences or walls, conditioned upon certification by the City Planning Commission that:

    1. such fences or walls will not obstruct or preclude public access or circulation of pedestrians, cyclists or horseback riders through the public easement within #designated open space#; and

    2. the location, size, design and materials of such fences or walls are appropriate to the character of the #designated open space#;

  5. Exterior wall thickness, pursuant to Section 23-44;

  6. Solar energy systems on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the #building# wall (as viewed in elevation) from which it projects.
No #accessory# off-street parking facilities shall be permitted in #designated open space#. No #building or other structure# shall be erected in #designated open space# except as permitted by the provisions of Section 107-221 (Active recreational activities). Any existing #building or other structure# located within the #designated open space# on September 11, 1975, and not complying with the provisions of this Section or the other Sections specified in the preceding paragraph, shall not be #enlarged# but may be continued as a #non-conforming use# or #non-complying building# subject to the applicable provisions of Article V (Non-Conforming Uses and Non-Complying Buildings) in accordance with the underlying district regulations.