§ 104-52 Transfer of Floor Area by Notice
ZR § 104-52
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:
(a)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;
(b)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
(c)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 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 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.
