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:

(a)        to strengthen the business core of Downtown Brooklyn by improving the working and living environments;

(b)        to foster development in Downtown Brooklyn and provide direction and incentives for further growth where appropriate;

(c)        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;

(d)        to encourage the design of new buildings that are in character with the area;

(e)        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;

(f)        to improve the quality of development in Downtown Brooklyn by fostering the provision of specified public amenities in appropriate locations;

(g)        to improve visual amenity by establishing special sign regulations within the Fulton Mall and Atlantic Avenue Subdistricts; and

(h)        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.

The bulk regulations of the underlying districts shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive.

In addition, for developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

The provisions of this Section shall apply within the Schermerhorn Street Height Limitation Areas, as shown on Map 5 in Appendix E of this Chapter:

1. Public plaza prohibition
   
   No public plazas shall be permitted within Area B of Map 5.
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 are modified to limit maximum building height to 210 feet within Area A of Map 5, and are modified to limit maximum building height to 140 feet within Area B.

The underlying off-street parking and loading provisions shall apply except as modified in this Section, inclusive.

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:

(a)        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

(b)        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.

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).

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.

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:

(a)        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;

(b)        that any penetration of a view plane will cause the minimal obstruction consistent with reasonable development and bulk distribution on the zoning lot; and

(c)        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.

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.

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.

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:

(a)        to preserve and protect the Special Districts as superior examples of town planning or large-scale development;

(b)        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;

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

(d)        to maintain and protect the environmental quality that the Special District offers to its residents and the City-at-large; and

(e)        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.

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 Permit 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 and 103-12.

Special regulations for the Sunnyside Gardens area are set forth in Section 103-20, inclusive.

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 Zones), the provisions of Article VI, Chapter 4, shall control.

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 Permit 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.

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:

(a)        to encourage the development of a mixed use neighborhood that complements a revitalized community-oriented waterfront;

(b)        to support a variety of community facility, commercial and manufacturing uses;

(c)        to provide opportunities for the expansion of large academic, scientific and mixed use facilities in a manner that benefits the surrounding community;

(d)        to 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;

(e)        to facilitate the maximum amount of design flexibility while fulfilling the goals of the mixed use district;

(f)        to improve the physical appearance of the streetscape by providing and coordinating harmonious open space, sidewalk amenities and landscaping within a consistent urban design;

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

(h)        to expand local employment opportunities;

(i)        to recognize, preserve and promote the existing historic transportation infrastructure of the neighborhood;

(j)        to 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.

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

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.

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.

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 BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT).

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.

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:

(a)         by notice, in accordance with the provisions of Section 104-52 (Transfer of Floor Area by Notice);

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

(c)        by special permit, in accordance with the provisions of Section 104-60 (MODIFICATION OF 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).

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).
3. modify the applicable bulk requirements for any development or enlargement that is subject to the provisions of Section 74-681 (Development within or over a railroad or transit right-of-way or yard), except floor area ratio provisions, provided that such bulk modifications will:
   1. not unduly obstruct access to light and air to surrounding streets and properties; and
   2. be compatible with the essential character of the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the development or enlargement on the character of the surrounding area.

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.

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:

(a)        to guide development in areas of outstanding natural beauty in order to protect, maintain and enhance the natural features of such areas;

(b)        to preserve land having qualities of exceptional recreational or educational value to the public;

(c)        to protect aquatic, biologic, botanic, geologic and topographic features having ecological and conservation values and functions;

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

(e)        to preserve hillsides having unique aesthetic value to the public; and

(f)        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.

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).

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.

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 (Certification), 105-42 (Authorizations to Alter Natural Features), 105-43 (Authorizations to Modify Bulk, Parking, Grading and Private Roads Regulations) or 105-44 (Special Permit), 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).

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:

(a)        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.

(b)        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.

(c)        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.

(d)        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.

(e)        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.

(f)        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.

(g)        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.

(h)        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.

(i)        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.

(j)        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.

(k)        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.

(l)        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.

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.

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.

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).

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).

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:

(a)        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;

(b)        to promote the opportunity for people to work in the vicinity of their residences;

(c)        to provide a safe circulation system in this area of mixed residential and manufacturing use;

(d)        to retain adequate wage, job-intensive, seasonally stable industries within New York City;

(e)        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

(f)        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.

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 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).

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;
4. to promote water-dependent uses that provide a substantial environmental benefit; and
5. 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.

All land in the open space network as shown on the District Plan (Map 3 in Appendix A), except public parks, and all zoning lots along an arterial as shown on the District Plan (Map 2 in Appendix A), are subject to the provisions of this Section, inclusive.

Any development, enlargement resulting in changes to lot coverage, or site alteration shall comply with the provisions of this Section, inclusive.

All zoning lots shall comply with the provisions of Sections 107-31 (General Regulations for Natural Features), inclusive, and 107-32 (Tree Requirements).

In addition, regulations within areas of designated open space are set forth in Section 107-311 (Areas within designated open space).

Any plan review site shall also comply with the provisions of Section 107-312 (Regulations within plan review sites).

Any application to the Department of Buildings for a site alteration, development, or enlargement shall include a survey map in accordance with the requirements set forth in Section 107-03 (Requirements for Certification, Authorization or Special Permit Application).

A site plan for such application shall also include the location of any area of no disturbance, proposed paving, and shall identify those trees proposed to be removed and proposed to be preserved.

The underlying use, bulk and parking regulations shall apply. However, for zoning lots that are not qualifying residential sites, such provisions are modified by the provisions of this Section, inclusive.

Administrative certifications from the City Planning Commission are required, as set forth in various sections of this Chapter, in any one of the following circumstances:

1. when certain plan review sites are subdivided, as set forth in Section 107-08 (Future Subdivision of Certain Plan Review Sites);
2. when certain plan review sites meet the requirements set forth in Section 107-51 (Certification of Certain Plan Review Sites) and do not require an authorization pursuant to Section 107-60, inclusive;
3. when a zoning lot contains designated open space, as set forth in Section 107-22 (Designated Open Space);
4. where required yards or equivalents are to be modified as set forth in Section 107-465 (Modifications of special yard regulations for certain zoning lots);
5. where plant material is substituted for required trees as set forth in Section 107-33 (Substitution of Other Plant Materials); or
6. when a zoning lot contains a portion of the proposed waterfront esplanade, as set forth in Section 107-23 (Waterfront Esplanade).
7. Any development or enlargement may modify applicable regulations governing the location of required parking spaces, driveways and curb cuts, as set forth in Section 107-34 (Preservation of Natural Features). 

When any yard requirement of the applicable district regulations is modified by the City Planning Commission pursuant to Section 107-46 (Yard and Court Regulations), prior to the filing of an application for any permit with the Department of Buildings, there shall be recorded in the Office of the County Clerk, County of Richmond, and indexed against such zoning lots to be developed as a unit, an instrument describing all conditions and restrictions required by the Commission for the development and use of such zoning lots. Recordation of instruments may be required in connection with any other zoning application hereunder. A certified copy of such instrument shall be submitted to the City Planning Commission upon recordation thereof.

The Special South Richmond Development District Plan is incorporated as Appendix A of this Chapter.

The “Special Hunts Point District” established in this Resolution is designed to promote and protect the public health, safety and general welfare of the Hunts Point community. These goals include, among others, the following specific purposes:

(a)        to provide a buffer of high-performance industrial and other commercial establishments around the residential area;

(b)        to encourage the development of food-related businesses and other compatible businesses;

(c)        to create a transition between the Hunts Point Food Market and related businesses and the adjacent neighborhood;

(d)        to retain jobs in New York City;

(e)        to promote the development of retail businesses in the neighborhood;

(f)        to provide an opportunity for the physical improvement of Hunts Point; and

(g)        to promote the most desirable use of land and thus conserve the value of land and buildings and thereby protect City tax revenues.

In the Residential Buffer Subdistrict, parking shall be provided at the rate of one space per 300 square feet of floor area for grocery and convenience retailers and specialty food retailers listed under Use Group VI. Cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

Notwithstanding the provisions of Section 43-03 (Street Tree Planting in Manufacturing Districts), all developments or enlargements within the Special Hunts Point District that include uses listed under Use Groups IV(B), IX(B) or X shall provide street trees in accordance with Section 26-41 (Street Tree Planting). The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving uses listed under Use Groups IV(B), IX(B) or X.

The "Special Little Italy District" established in this Resolution is designed to promote and protect public health, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        to preserve and strengthen the historical and cultural character of the community;

(b)        to protect the scale of storefronts and character of the existing retail uses along Mulberry Street and other major shopping streets so that Little Italy will remain a unique regional shopping area, and thereby strengthen the economic base of the City;

(c)        to preserve the vitality of street life by reducing conflict between pedestrian and vehicular traffic;

(d)        to permit rehabilitation and new development consistent with the residential character and scale of the existing buildings in the area;

(e)        to provide amenities, such as public open space, and street trees, to improve the physical environment;

(f)        to discourage the demolition of noteworthy buildings which are significant to the character of the area; and

(g)        to promote the more desirable use of land in the area and thus to preserve the value of land and buildings, and thereby protect and strengthen the City's tax revenues, consistent with the foregoing purposes.

The provisions of this Section 109-10, inclusive, shall apply within Area A (Preservation Area) as shown on the District Map in Appendix A.

The provisions set forth in Section 109-10 (Preservation Area--Area A), inclusive, are applicable within Area A1 (Mulberry Street Regional Spine) as shown on the District Plan (Appendix A), except as modified herein.

The provisions of this Section are applicable within Area B, as shown on the District Plan (Appendix A).

The provisions of this Section are applicable within Area C, as shown on the District Plan in Appendix A of this Chapter.

The City Planning Commission may allow certain modifications of the provisions of this Chapter as set forth below.

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), 32-301 (Definitions), Section 101-702 (Definitions Specific to the Atlantic Avenue Subdistrict) or in this Section.

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.

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. However, for transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 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.

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

The District Plan includes the following six maps:

Map 1        Special Downtown Brooklyn District and Subdistricts

Map 2        Ground Floor Retail Frontage

Map 3        Street Wall Continuity and Mandatory Sidewalk Widenings

Map 4        Curb Cut Restrictions

Map 5        Height Limitation Areas

Map 6        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.

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.

Within the Special Downtown Brooklyn District, Section 73-68 (Height and Setback and Yard Modifications) shall not be applicable.

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.

However, such underlying streetscape regulations shall be modified in the Fulton Mall Subdistrict, as follows: 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.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Ground Floor Retail Frontage) in Appendix E of this Chapter shall be considered Tier C street frontages.

The provisions of paragraph (d) of Section 32-422 (Location of floors occupied by commercial uses) shall be modified such that eating or drinking establishments listed under Use Group VI shall be permitted on a story above dwelling units.

In the Special Downtown Brooklyn District, except as modified by the provisions of Section 101-131 (Permitted projection), the regulations of Section 32-60, inclusive, 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.

R7-1  C6-1  C6-4.5  C6-6  C6-9

1. In R7-1 Districts
   
   In R7-1 Districts, the underlying floor area regulations applicable to R7A Districts shall apply.
2. In C6-1 Districts
   
   In C6-1 Districts, the maximum residential floor area ratio shall be 3.44 for zoning lots containing standard residences, or 4.13 for zoning lots containing qualifying affordable housing or qualifying senior housing.
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 except in accordance with the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements), where applicable.
4. In C6-6 Districts
   
   In C6-6 Districts, the underlying provisions shall apply, except that in Mandatory Inclusionary Housing areas mapped before October 21, 2021, the maximum residential floor area ratio shall be 9.0.
5. In C6-9 Districts
   
   In C6-9 Districts, the maximum permitted floor area ratio for commercial or community facility uses shall be 18.0.
   
   However, in the C6-9 District bounded by Flatbush Avenue, State Street, 3rd Avenue and Schermerhorn Street, the maximum permitted floor area ratio for commercial or community facility uses shall be 12.0, and the maximum residential floor area ratio shall be 9.0. On a zoning lot with a minimum lot area of 50,000 square feet improved with public schools containing at least 100,000 square feet of floor space developed pursuant to an agreement with the New York City Educational Construction Fund, the maximum permitted floor area ratio for commercial or community facility uses shall be 15.0, and the maximum residential floor area ratio shall be 12.0. Up to 46,050 square feet of floor space within such public schools shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the total maximum floor area ratio of the zoning lot.
   
   No floor area bonuses shall be permitted except as authorized granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements).

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, C6-4 and C6-9 Districts, except C6-1A Districts, the underlying height and setback regulations shall apply except as modified by the provisions of this Section. Buildings or other structures within the Schermerhorn Street Height Limitation Areas shall comply with the provisions of Section 101-30 (SPECIAL PROVISIONS WITHIN HEIGHT LIMITATION AREAS).

Map 3 (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 location provisions of paragraph (a) of Section 35-631 shall apply to all street frontages, 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 base height of 85 feet. Above such maximum base height, the provisions of Sections 101-222 (Standard height and setback regulations) or 101-223 (Tower regulations) shall apply.
2. Atlantic Avenue Subdistrict
   
   Within the Atlantic Avenue Subdistrict the street wall location provisions of paragraph (a) of Section 35-631 shall apply to all street frontages. Such required street walls shall extend to the minimum base height for the district, or the height of the building, whichever is less, and may rise to the maximum base height before a setback is applied. The maximum base heights set forth in Section 23-432 (Height and setback requirements) shall be modified as follows:
   1. for a C2-4 District mapped within an R6A District, the maximum base height shall be 55 feet above curb level; and
   2. for a C2-4 District mapped within an R7A District, the maximum base height shall be 65 feet above curb level.
3. Willoughby Square
   
   For buildings fronting upon Willoughby Square. the street wall location provisions of paragraph (a) of Section 35-631 shall apply, except that recesses may be extended below a height of 15 feet. Such street wall shall extend to a minimum base height of 80 feet or the height of the building, whichever is less. The provisions of Section 101-223 shall apply.
4. All other areas
   
   On all other streets shown on Map 3, the street wall location provisions of paragraph (b) of Section 35-631 shall apply, and extend to a minimum base 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.

Map 3 (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.

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 6 (Subway Station Improvement Areas) in Appendix E of this Chapter.

Along the streets specified on Map 4 (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 4, 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.

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: 10 percent of the total number of parking spaces;
   3. for parking facilities with more than 100 parking spaces and up to 200 parking spaces: 10 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. However, the parking area designated for mechanical conveyance of the vehicle into storage, whether in an elevator or otherwise, shall not be considered a 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.

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.

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.

Sections 25-50 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) 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.

The general goals of the Fulton Mall Subdistrict include, among others, the following purposes:

(a)        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;

(b)        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;

(c)        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

(d)        to encourage a desirable urban design relationship between each building and the Fulton Mall.

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 and the special sign regulations of Section 101-61, inclusive.

On application, the City Planning Commission may authorize minor modifications of the regulations of Sections 101-61, inclusive, and 101-62, inclusive, governing signs 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.

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.

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.

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.

The general goals of the Atlantic Avenue Subdistrict include, among others, the following purposes:

(a)        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;

(b)        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

(c)        to protect desirable architectural features of certain buildings by establishing design guidelines for renovation or alteration.

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.

Specified building type

Any building within the Atlantic Avenue Subdistrict erected prior to 1900, that has:

(a)        a front wall for the full width of the zoning lot for a height of from two to five stories;

(b)        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

(c)        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:

(a)        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 three feet and a total height of not less than eight feet, measured from curb level; and

(b)        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.

In order to enhance the visual quality of the Atlantic Avenue Subdistrict, the following additional regulations shall apply to all signs within the Subdistrict.

Special street wall location regulations are set forth in Section 101-41.

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:

(a)        Alteration or reconstruction of storefronts shall comply with the provisions of Section 101-734.

(b)        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.

(c)        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.

(d)        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.

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

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 Subdistrict until:

(a)        the owner of the property has obtained a building application approval for the new development or enlargement; and

(b)        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.

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  paragraph (a) of Section 23-736 (Special height and setback regulations for sky exposure plane buildings) 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 the following uses:

From Use Group III

Libraries

Museums

From Use Group VIII

Art galleries

Art, music, dancing or theatrical studios

Theaters

Historical exhibits

Floor 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) of this Section 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 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.

In C6-9 Districts within the Special Downtown Brooklyn District, mapped after March 13, 2019, and in C6-4 and C6-6 Districts within the Special Downtown Brooklyn District, mapped on or after October 21, 2021, for developments or enlargements on irregular sites, the City Planning Commission may modify underlying bulk regulations, other than floor area ratio, provided that no uses listed under Use Group V shall be permitted in any portion of the building receiving such modifications, and:

(a)        there are physical conditions, including irregularity, narrowness or shallowness of lot shape or size that create practical difficulties in complying with the bulk regulations and would adversely affect the building configuration or site plan;

(b)        the practical difficulties of developing on the zoning lot have not been created by the owner or by a predecessor in title;

(c)        the proposed modifications are limited to the minimum needed to relieve such difficulties;

(d)        the proposed modifications will not unduly obstruct access of light and air to adjoining properties or streets; and

(e)        the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area and to improve the quality of the site configuration.

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:

(a)        distant landscapes of scenic grandeur which contain natural features such as hills, palisades or similar features;

(b)        outstanding views of large bodies of water such as rivers, streams, lakes, harbors, waterfalls or similar aquatic features; or

(c)        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.

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.

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 pre-existing degree of non-compliance.

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.

The City Planning Commission has established the Special Planned Community Preservation District in areas that:

(a)        have a land area of at least 1.5 acres;

(b)        contain a minimum of three buildings;

(c)        were designed and substantially developed as a unit under the regulations of the Zoning Resolution prior to December 15, 1961; and

(d)        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.

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.

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 23-371 (Distance between buildings); 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 currently 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 Commission shall authorize waiver of all or part of the required parking.

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 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.

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.

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.

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.

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.

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, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI  shall control.

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.

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.

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 104-13 (Commercial and Manufacturing Use Modifications), inclusive, only in accordance with the certification provisions of Section 104-14.

The community facility use regulations of the underlying C6-1 and M1-2 Districts are modified, as follows:

(a)       in Subdistrict A, uses listed under Use Group III(A) may locate in the same building, or abut a building containing a use listed in Section 104-13 (Commercial and Manufacturing Use Modifications), inclusive, only in accordance with the certification provisions of Section 104-14.

(b)       in Subdistrict B, uses listed under Use Group III permitted in the underlying M1-2 District, pursuant to Sections 42-10 (USE ALLOWANCES), inclusive, and 74-133 (Other community facility uses in M1 Districts), inclusive, shall be limited to 5,000 square feet of floor area per establishment

1. In Subdistricts A and C, the use regulations of a C6 District shall apply except that additional uses allowed in M1 Districts within a Special Mixed Use District, as set forth in Section 123-21 (Modification to M1 use regulations), inclusive, shall be permitted. All such uses shall be subject to the performance standards for an M1 District set forth in Section 42-20.
   
   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.
2. In Subdistrict B, the commercial use regulations of the underlying M1 District are modified to permit uses listed under Food and Beverage Retailers in Use Group VI without limitation as to floor area per establishment.

In Subdistrict A, a use listed in Section 104-13 (Commercial and Manufacturing Use Modifications) 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:

(a)        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

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

The underlying ground floor level streetscape provisions shall apply except that ground floor level street frontages along streets, or portions thereof, designated on Map 6 (Ground Floor Use and Frontage) in Appendix A of this Chapter shall be considered Tier C street frontages. In addition, for buildings along such Tier C street frontages, the underlying streetscape requirements shall be modified such that:

1. within the portion of the ground floor level street frontage that is required to be allocated to non-residential uses to the minimum qualifying depth, uses may only include colleges or universities listed under Use Group III(B) where the use is accessory# and open to the public;
2. uses listed under Use Group VI with a size limitation in M1 Districts, as denoted with an “S” in the Use Group tables set forth in Section 42-16 (Use Group VI – Retail and Services), inclusive, shall be subject to a size limit of 10,000 square feet per establishment; and
3. in lieu of the transparency requirements, the provisions of Section 104-41 shall apply.
   

The provisions of Section 74-171 (Laboratories) shall not apply in the Special Manhattanville Mixed Use District.

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. However, for qualifying affordable housing or qualifying senior housing, the maximum floor area ratio shall be 4.13. 

In Subdistrict C, the maximum floor area ratio for residential use shall be 6.02. However, for qualifying affordable housing or qualifying senior housing, the maximum floor area ratio shall be 7.20.

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 23-371 (Distance between buildings) shall not apply.

In Subdistricts A and C, the maximum floor area ratio permitted for community facility uses shall be 6.0.

In Subdistrict B, the maximum floor area ratio permitted for community facility uses shall be 2.0.

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 listed in Section 104-13 (Commercial and Manufacturing Use Modifications) shall be 2.0.

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.  

In Subdistrict A, the provisions of Section 54-31 (General Provisions) shall not apply. In lieu thereof, a use listed under Use Groups IV, VI, VIII, IX, or X and not permitted as-of-right within C6 Districts, that is located in a non-complying building or other structure may be changed to: 

1. a use listed in 104-13 (Commercial and Manufacturing Use Modifications), 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 uses listed under Offices in Use Group VII. 

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 this Section.

The provisions 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 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 this Section.

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. However, for qualifying affordable housing or qualifying senior housing in Subdistricts C and the Other Area east of Broadway, the maximum building height shall be 145 feet. No other building shall exceed the maximum building height set forth in such Map or Appendix B of this Chapter.

The special rooftop regulations of Section 104-32, inclusive, shall apply in Subdistricts A and C.

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.

(a)        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.

(b)        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.

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

(d)        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.

(e)        On Parcels C3 and C4, the applicable lower street wall provision may be applied to the entire building.

(f)        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.

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.

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.

(a)        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.

(b)        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.

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 Sections 104-42 through 104-43, inclusive, and shall be open and unobstructed except as specified.

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 24 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.

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.

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

(a)        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.

(b)        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.

(c)        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.  

(d)        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.

(e)        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.

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.

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:

(a)        will permit better site planning; and

(b)        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.

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:

(a)        accessory parking spaces at or above grade shall be completely enclosed;

(b)        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

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

In Subdistrict A, public parking garages shall not be located:

(a)        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;

(b)        on Parcels E2 or G2; or

(c)        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.

The following curb cut regulations shall apply to any development or enlargement:

(a)        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;

(b)        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;

(c)        new curb cuts shall not be greater than 30 feet in width;

(d)        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;

(e)        there shall be a minimum distance of 30 feet between curb cuts on a street frontage of a zoning lot; and

(f)        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.

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, including any surfaces with permeable paving. 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 topsoil, 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 10 feet, measured along the horizontal plane, unless such portions in the aggregate equal 10 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:

(a)        a survey of the current condition and health of such trees of six-inch caliper or more;

(b)        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;

(c)        a schedule for site monitoring during construction;

(d)        a procedure to communicate protection measures to contractor and workers; and

(e)        post-construction treatment.

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:

(a)        any development, enlargement or site alteration;

(b)        any subdivision of a zoning lot existing on the effective date of the Special District designation into two or more zoning lots; and

(c)        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 City-owned 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).

For transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

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 Zones), the provisions of Article VI, Chapter 4, shall control.

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.

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.

(a)        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.

(b)        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.

(c)        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.

(d)        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 wind- or 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.

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:

(a)        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;

(b)        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;

(c)        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 (Tree Selection List for On-site Trees) of this Chapter; or

(d)        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).

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.

(a)        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.

(b)        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 (Tree 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 three-inch 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 eight-foot 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.

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

^*        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 portion of a zoning lot having a steep slope or steep slope buffer pursuant to Section 105-422 (Authorization of a development, enlargement or site alteration on a Tier II site or portion of a zoning lot having a steep slope or steep slope buffer), 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 GRANTED AN AUTHORIZATION PURSUANT TO SECTION 105-422 FOR MODIFICATION OF A STEEP SLOPE OR STEEP SLOPE BUFFER

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

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.

(a)        Cut slopes shall be no steeper than two horizontal to one vertical; subsurface drainage shall be provided as necessary for stability.

(b)        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.

(c)        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.

(d)        Fills shall be compacted to at least 95 percent of maximum density, as determined by AASHTO T99 or ASTM D698.

(e)        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.

(f)        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.

(g)        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.

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.

(a)        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.

(b)        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.

The following requirements must be met during construction and identified on the construction plan:

(a)        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.

(b)        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.

(c)        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.

(d)        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.

(e)        Topsoil shall be used in the area to be replanted as soon as construction is complete.

(f)        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.

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.

(a)        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.

(b)        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.

(c)        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.

(d)        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.

(e)        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.

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).

(a)        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.

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

(c)        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.

(d)        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.

When it is not necessary for the applicant for a development, enlargement or site alteration to apply for an authorization or special permit, the Chair of 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.

For a development, enlargement or site alteration located within the Special Natural Area District, the City Planning Commission may authorize:

(a)        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 site or portion of a zoning lot having a steep slope or steep slope buffer);

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

(c)        modification of botanic environment, pursuant to Section 105-425;

(d)        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.

For a development, enlargement or site alteration located within the Special Natural Area District, the City Planning Commission may authorize:

(a)        modification of lot coverage controls in accordance with the provisions of Section 105-431;

(b)        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);

(c)        modification of grading controls in accordance with the provisions of Section 105-433; and

(d)        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.

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.

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.

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 23-11 (Lot Area and Lot Width Regulations in R1 through R5 Districts) 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 right-of-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).

The regulations for developments or enlargements within lower density growth management areas are modified as follows:

(a)        Parking location regulations

Accessory parking spaces shall be permitted within a front yard.

(b)        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.

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.

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.

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.

Emerson Hill, Dongan Hills, Todt Hill, Lighthouse Hill and the Central Wetlands Area of Staten Island

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.

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 Zones), the provisions of Article VI, Chapter 4, shall control.

All residences and community facilities shall be subject to all the provisions applicable in R5 Districts, except as otherwise specifically provided in this Chapter.

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 maximum floor area ratio for mixed buildings shall be that permitted for C2 Districts mapped over an R5 District. 

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 Uses) or 106-33 (Changes of Manufacturing or Commercial Use).

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 and 106-33 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.

Developments or enlargements containing residences are allowed as-of-right, provided that:

(a)        the zoning lot shares a common side lot line on at least one side with a residential or community facility use;

(b)        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;

(c)        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;

(d)        the zoning lot is not located on Cropsey Avenue or on the east side of Stillwell Avenue; and

(e)        on the same zoning lot, there are no manufacturing uses or commercial uses that would not be permitted as-of-right within C7 Districts.

The City Planning Commission may permit within the Special Coney Island Mixed Use District:

(a)        change of commercial or manufacturing use to residential use; and

(b)        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 Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may permit within the Special Coney Island Mixed Use District:

(a)        development of community facility buildings; and

(b)        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.

New buildings containing manufacturing uses or commercial uses shall be allowed as-of-right, provided that:

(a)        the zoning lot shares a common side lot line with a manufacturing or commercial use;

(b)        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;

(c)        the zoning lot is not located within a continuous frontage of vacant zoning lots whose aggregate length exceeds 60 feet;

(d)        such manufacturing use is listed in Use Group M;

(e)        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

(f)        no residential uses occupy the zoning lot.

The City Planning Commission may permit within the Special Coney Island Mixed Use District:

(a)        uses not permitted by the provisions of Section 106-31 (Special Provisions for As-of-Right New Buildings With Manufacturing and Commercial Uses);

(b)        change of use from a residential use to a manufacturing use permitted by Section 106-31 or commercial use; and

(c)       modifications in yard regulations for manufacturing uses permitted by Section 106-31 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 a manufacturing use permitted by Section 106-31 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.

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 off-street parking, accessory off-street loading, or for storage or processing of any kind.

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 commercial uses that would not be permitted as-of-right within C7 Districts.

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.

Definitions specifically applicable in 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 a site plan or area plan to be protected from site alteration, except for new native planting. An area of no disturbance shall contain natural features including trees of six-inch caliper or more, designated open space, and aquatic features.

Plan review sites may include safeguards such as an area of no disturbance to define areas where site alterations shall not be proposed.

 
Area of no land alteration

An “area of no land alteration” is an area adjacent to a wetland or other body of water regulated by the New York State Department of Environmental Conservation (NYSDEC) where a permit indicates development restrictions may occur such as those pursuant to permits or deed restrictions issued by NYSDEC.

 
Area plan

An “area plan” is a proposed layout for a zoning lot subdivision with traffic circulation, including curb cuts on arterials; access easements; areas of no disturbance; areas of no land alteration; areas of designated open space; building envelopes; required building setbacks within proposed zoning lots in Residence Districts; and any other information prescribed by the City Planning Commission.

 
Arterial

An “arterial” is a street listed in Section 107-24 (Special Regulations for Arterials or Railroad Rights of Way) whose function is primarily the accommodation of through vehicular traffic and to which special provisions of this Chapter apply.

 
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 this height, the trunk is measured at its narrowest point beneath the split. For trees with a diameter of less than three inches measured 4 feet, 6 inches from the ground, the caliper shall be measured 12 inches from the ground.

 
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.

 
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, designated open space and the waterfront esplanade.

 
Plan review site

A “plan review site” is any zoning lot that contains one or more acres, where there is a proposed development, enlargement, site alteration, or subdivision of such zoning lot into two or more zoning lots#.

 
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 permanent topographic modifications, removal of topsoil, removal of trees of six-inch caliper or more, excavating, filling, dumping, changes in existing drainage systems, whether or not a permit is required from the Department of Buildings or other public agencies.

 
Tree credit

A “tree credit” is a credit for preserving an existing tree or for planting a new tree which is counted towards tree requirements.

 
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).

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, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

Property within the jurisdiction and control of the Department of Environmental Protection shall be exempt from the provisions of this Chapter where such property is an existing or planned portion of the Staten Island Bluebelt intended to support best management practices of stormwater.

An application to the City Planning Commission for a certification, authorization or special permit respecting a development, enlargement, or site alteration shall include a survey map, prepared by a licensed land surveyor and dated no more than two years prior to the date of filing an application, showing: 

(a)    existing topography at two foot contour intervals;

(b)    the location of all existing buildings or other structures and the location of all proposed buildings or other structures; 

(c)    the location of individual existing trees of six inch caliper or more;

(d)    the location of any elements of the open space network on or adjacent to the zoning lot; and

(e)    the location of any areas of no land alteration, streams, and natural watercourses;

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.

1. Applications for authorization or special permit which were adopted prior to November 2, 2023, may be continued pursuant to the terms of such authorization or special permit or as such terms may be subsequently modified.
   
   Continuance of such application shall be 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).
2. Applications for certification granted by the Commission prior to November 2, 2023, may be continued pursuant to the regulations in effect on the date that such certification was granted.

The District Plan for the Special South Richmond Development District shows the open space network, designated open space, 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.

Any subdivision of a plan review site that is proposed to take place within the Special District shall be filed with the Department of City Planning, and the Chairperson of the City Planning Commission shall certify that subdivision of such plan review site:

1. does not contain, or have frontage along, any District Plan Element listed in Section 107-20 (DISTRICT PLAN ELEMENTS), inclusive;
2. does not contain an area of no land alteration;
3. does not exceed the rate of two tree credits per 1,000 square feet of lot area; and
4. does not have a violation for tree removal without prior permission or approval and no trees have been removed since November 2, 2023, unless permitted pursuant to Section 107-312 (Regulations within plan review sites).

In the case of a subdivision which does not comply with the above conditions, subdivision of such plan review site shall not be permitted unless authorized by the Commission pursuant to Section 107-64 (Future Subdivision of Certain Plan Review Sites).

The subdivision plan for the plan review site shall include a survey map in accordance with the requirements set forth in Section 107-03 (Requirements for Certification, Authorization or Special Permit Application).

For the purpose of applying the provisions of this Section, a subdivision includes the reconfiguration of a zoning lot in a manner that would reduce the area of such zoning lot.

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.

For a site alteration, or a development, or enlargement, no certificate of occupancy or sign-off of a permit, as applicable, shall be issued by the Department of Buildings until the planting requirements of the following provisions, as applicable, have been satisfied, and reflected on an as-built survey, tree schedule, or any such information as may be required:

Section 107-32 (Tree Requirements)

Section 107-48 (Special Landscaping and Buffering Provisions).

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:

(a)        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

(b)        such adjustment shall:

(1)        be permitted to exclude:

(i)        a zoning lot which is contiguous to exempted zoning lots along at least two lot lines; or

(ii)        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

(iii)        streets abutting exempted zoning lots; and

(2)        not substantially alter the utility and quality of the designated open space; or

(c)        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

(d)        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.

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:

(a)        such designated open space shall be preserved in its natural state by the owner of the zoning lot; and

(b)        where required by the Commission, the applicant has complied with the provisions of Section 107-222 (Public pedestrian ways); and

(c)        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 or enlargement of active recreational facilities, or the establishment of utility easements may be undertaken only in accordance with the provisions of this Section and Section 107-30 (NATURAL FEATURE 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.

When a zoning lot containing a portion of the waterfront esplanade, as shown on the District Plan (Map 3 in Appendix A) is developed, the location and design of the waterfront esplanade shall be certified by the City Planning Commission and such waterfront esplanade shall conform to the guidelines and standards established by the Department of City Planning in consultation with the Department of Transportation and the Department of Parks and Recreation.

The waterfront esplanade shall be built and maintained by the owner of a zoning lot on which the esplanade is shown on the District Plan, except where such zoning lot has been developed prior to September 11, 1975. Where such waterfront esplanade is not accessible to the public, the Commission may require the owner of the zoning lot to provide public access to such a waterfront esplanade from a public right-of-way through the zoning lot.

The waterfront esplanade shall be either built at the same time that the zoning lot is developed or the Commission may allow the owner to comply with Section 107-24 (Special Regulations for Arterials or Railroad Rights of Way).