62-811 - Waterfront public access and visual corridors

LAST AMENDED
5/12/2021

No excavation or building permit shall be issued for any #development# on a #waterfront block#, or any other #block# included within a Waterfront
Access Plan, until the Chairperson of the City Planning Commission certifies to the Department of Buildings or Department of Business Services, as
applicable, that:

(a)   there is no #waterfront public access area# or #visual corridor# requirement for the #zoning lot# containing such #development# due to the
       following:

        (1)    the #development# is exempt pursuant to Sections 62-52 (Applicability of Waterfront Public Access Area Requirements) or 62-51
                (Applicability of Visual Corridor Requirements); or

        (2)    the #waterfront public access area# or #visual corridor# requirement has been waived pursuant to Section 62-90 (WATERFRONT
                ACCESS PLANS);

(b)    a site plan and all other applicable documents have been submitted showing compliance with the provisions of Sections 62-332 (Rear yards and
        waterfront yards), 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS),
        and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS);

(c)   a site plan has been submitted showing compliance with the provisions of Section 62-90;

(d)    for #developments# listed in Section 62-52, paragraph (b), on a #zoning lot# containing a public access area established prior to October 25, 1993,
        meeting the terms of Section 62-58 (Requirements for Water-Dependent Uses and Other Developments), by restrictive declaration, lease
        agreement, maintenance and operation agreement or other agreement with a public entity, which public access area is required to be provided for
        the life of the #development# subject to such agreement, a copy of such restrictive declaration or agreement and a site plan indicating the location,
        area and design of the required public access area and showing substantial compliance with the provisions of Section 62-58 have been submitted;
        or

(e)    for the #development# of a park, a site plan and all other applicable data have been submitted showing compliance with the provisions of Section
        62-59 (Special Regulations for Zoning Lots That Include Parks).

For any parcel identified in Waterfront Access Plan BK-1, the Chairperson shall allow for the phased implementation of all required #waterfront public
access areas# upon certification to the Commissioner of Buildings that a plan has been submitted that provides for an amount of #waterfront public
access area# proportionate to the amount of #floor area# being #developed# in each phase. Additionally, for any #development# located within 240 feet of
a #shoreline#, the initial phase and each subsequent phase shall provide a minimum of 200 linear feet of #shore public walkway# and any adjacent
#supplemental public access area# located between such #development# and such #shore public walkway#, one #upland connection# through or adjacent
to the entire parcel leading to the #shore public walkway#, and at least one other connection from the #shore public walkway# to an adjacent #shore
public walkway#, #street# or other #upland connection#. For any #development# located entirely beyond 240 feet of a #shoreline#, the initial phase and
each subsequent phase shall also provide a minimum of 100 linear feet of #shore public walkway# and one #upland connection# through or adjacent to
the entire parcel leading to the #shore public walkway#. However, no #waterfront public access area# need be provided for a phase consisting of a
#development# in which all #residences# in such phase are affordable #residences# for #lower income households# as defined in Section 23-93, or
#moderate income households# as defined in Section 62-352, provided that such exemption shall only apply where 25 percent or less of the total
#residential# #floor area#, including any applicable #floor area# bonuses, on the parcel has been #developed#.

A certification pursuant to paragraphs (b) or (c) of this Section shall be granted on condition that an acceptable restrictive declaration is executed and filed
pursuant to Section 62-74 (Requirements for Recordation).

Within 45 days of receipt of a complete application, the Chairperson shall either certify that the proposed #development# complies with the
requirements of this Section or disapprove such application, citing the nature of any failure to comply. Failure to certify or disapprove such application
within the 45 day period will release the Department of Buildings or the Department of Business Services from any obligation to withhold the excavation
or building permit and authorize such agency to determine compliance with the provisions of this Section.