81-631 - Special provisions for transfers of development rights in the Vanderbilt Corridor
Subarea

LAST AMENDED
8/9/2017


All applications for transfers of development rights pursuant to the special permit by the City Planning Commission in Section 81-632
(Special permit for transfer of development rights from landmarks to the Vanderbilt Corridor Subarea) shall also comply with the
regulations of this Section.

(a)    Requirements for applications

In addition to the land use review application requirements, an application filed with the City Planning Commission for a special permit
pursuant to Section 81-632 shall be made jointly by the owners of the #granting lot# and #receiving lot# and shall include:

        (1)    site plan and zoning calculations for the #granting lot# and #receiving lot#;

        (2)    a program for the continuing maintenance of the landmark;

        (3)    a report from the Landmarks Preservation Commission concerning the continuing maintenance program of the landmark
                and, for those “receiving” sites in the immediate vicinity of the landmark, a report concerning the harmonious relationship
                of the #development# or #enlargement# to the landmark;

        (4)    a plan of any required pedestrian network improvement; and

        (5)    any such other information as may be required by the City Planning Commission.

        A separate application shall be filed for each transfer of development rights to an independent #receiving lot# pursuant to Section
        81-632.

(b)    Conditions and limitations

The transfer of development rights from a #granting lot# to a #receiving lot#, pursuant to Section 81-632, shall be subject to the following
conditions and limitations:

        (1)    the maximum amount of #floor area# that may be transferred from a #granting lot# shall be the maximum #floor area#
                allowed by Section 33-12 for #commercial buildings# on such landmark #zoning lot#, as if it were undeveloped, less the
                total #floor area# of all existing #buildings# on the landmark #zoning lot#;

        (2)    for each #receiving lot#, the #floor area# allowed by the transfer of development rights under Section 81-632 shall be in
                addition to the maximum #floor area# allowed by the district regulations applicable to the #receiving lot#, as shown in the
                table in Section 81-63 (Special Floor Area Provisions for the Vanderbilt Corridor Subarea); and

        (3)    each transfer, once completed, shall irrevocably reduce the amount of #floor area# that may be #developed# or #enlarged#
                on the #granting lot# by the amount of #floor area# transferred. If the landmark designation is removed, the #landmark
                building or other structure# is destroyed or #enlarged#, or the #zoning lot# with the #landmark building or other
                structure# is redeveloped, the #granting lot# may only be #developed# or #enlarged# up to the amount of permitted #floor
                area# as reduced by each transfer.

(c)    Transfer instruments and notice of restrictions

The owners of the #granting lot# and the #receiving lot# shall submit to the 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# or #enlargement# of
the #granting lot# and the #receiving lot# shall be filed by the owners of the respective lots in the Office of the Register of the City of New
York (County of New York), 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# transferred and shall specify, by
lot and block numbers, the lots from which and the lots to which such transfer is made.