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What is NYC ZR § 139-46?

Quick Answer

This section allows for a floor area bonus and height modifications for developments near the Union Street subway station, contingent upon the provision of specific transit improvements. The Chairperson of the City Planning Commission certifies compliance with requirements set by the transit agency. Applies to developers in designated commercial districts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 139-46 Certification for Transit Improvements

ZR § 139-46

(a)In Commercial Districts with a residential equivalent of an R9 District, for developments on zoning lots that are located within 500 feet of the Union Street subway station, the Chairperson of the City Planning Commission may, by certification to the Commissioner of Buildings, allow a development to:

(1)receive a floor area bonus not to exceed 20 percent of the maximum floor area ratio permitted by Section 139-211 (Basic floor area regulations); and

(2)further modify additional height permitted pursuant to paragraph (b) of Section 66-234 (Special height and setback modifications) provided the total combined modification does not exceed 30 feet;

where a major improvement to the Union Street subway station consisting of one new off-street station entrance with an accessible route for persons with physical disabilities between two levels servicing the southbound platform is provided.

(b)Prior to issuing such a certification, the following requirements shall be met.

(3)No temporary certificate of occupancy shall be granted by the Department of Buildings for the portion of the building utilizing bonus floor area authorized pursuant to the provisions of this Section until the required improvements have been substantially completed, as determined by the Chairperson, acting in consultation with the transit agency, where applicable, and such improvements are usable by the public. Such portion of the building utilizing bonus floor area shall be designated by the Commission in drawings included in the declaration of restrictions filed pursuant to this paragraph.

No permanent certificate of occupancy shall be granted by the Department of Buildings for the portion of the building utilizing bonus floor area until all improvements have been completed in accordance with the approved plans, as determined by the Chairperson, acting in consultation with the transit agency, where applicable.

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