62-57 - Requirements for Supplemental Public Access Areas

LAST AMENDED
4/22/2009

(a)   If the aggregate area of the required #shore public walkways#, #upland connections#, public access areas on #piers#, and public access areas in
       conjunction with #floating structures# on the #zoning lot#, is less by 750 square feet or more than the amount of #waterfront public access area#
       required by the table in this Section, then #supplemental public access areas# shall be provided in order to meet the total amount of #waterfront
       public access area# required by the table. However, when a #zoning lot# is #developed# #predominantly# as a playground or publicly accessible
       private park, the requirements of this Section shall be deemed to be satisfied by such #use#.

(b)   Where #supplemental public access areas# are required within New York State-designated wetlands or adjacent State-regulated areas, the area
      requirements and the design standards for such #supplemental public access areas# may be reduced or modified by the New York State
      Department of Environmental Conservation.

       #Supplemental public access areas# shall not be required where the total area of such designated wetlands and adjacent State-regulated areas on
       the #zoning lot# is equal to or greater than the total #supplemental public access area# requirement and the Department of Environmental
       Conservation determines that public access to such areas is not permitted.

(c)   Whenever a #zoning lot# is divided by a boundary between districts in which different thresholds apply pursuant to the table in this Section, the
      #waterfront public access area# requirement shall be met for the entire #zoning lot#, provided that:
        (1)    the #lot area# or length of #shoreline# in either district is less than the minimum threshold for which there is a total #waterfront public
                access area# requirement; and

        (2)    the total #lot area# or length of #shoreline# for the entire #zoning lot# is greater than the lowest threshold in either district for which there
                is a total #waterfront public access area# requirement.

        Each portion of the #zoning lot# shall generate a total #waterfront public access area# requirement based on the percentage required in the table
        for the district in which it is located.

WATERFRONT PUBLIC ACCESS AREA REQUIREMENTS


                                    Districts                                                        Total #Waterfront
                                                                                                     Public Access Area#
                                                                        #Zoning Lot# Threshold       Requirement as a
                                                                                                     Percentage of #Lot
                                                                                                     Area#


                                    R3, R4, R5,                         #Lot area#: 65,340 sq. ft.
                                                                                                     15

                                    C1 or C2 in R1-R5                   #Shoreline# length: 600
                                                                        ft.
                                    C3, C4-1


                                    R6, R7-1, R7-2, R7A, R7B,           #Lot area#: 20,000 sq.       15
                                    R7D, R8B                            ft.

                                    and #Commercial Districts#          #Shoreline# length: 100
                                    governed by the #bulk#              ft.
                                    regulations of such #Residence
                                    Districts#

                                    All other #Commercial# or
                                    #Manufacturing Districts#
                                    with a permitted #commercial#
                                    FAR of 4.0 or less


                                    Other R7, R8, R9, R10               #Lot area#: 20,000 sq. ft.   20
                                    Districts and #Commercial
                                    Districts# governed by the          #Shoreline# length: 100
                                    #bulk# regulations of such          ft.
                                    #Residence Districts#

                                    All other #Commercial# or
                                    #Manufacturing Districts#
                                    with a permitted #commercial#
                                    FAR above 4.0


A #supplemental public access area# shall also be subject to the provisions of Section 62-62 (Design Requirements for Shore Public Walkways and
Supplemental Public Access Areas).