62-912 - Elements of a Waterfront Access Plan

LAST AMENDED
6/6/2024


A Waterfront Access Plan may:

(a)    on #zoning lots# where a #waterfront public access area# or #visual corridors# are required pursuant to the provisions of Sections 62-50
        (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS) and 62-60 (DESIGN
        REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), inclusive, modify the size, configuration, location or design of required
        #waterfront public access areas# or #visual corridors# within certain designated areas in order to address local conditions, provided such plan does
        not impose a #waterfront public access area# or #visual corridor# requirement on any #zoning lot# greater than would otherwise be required
        pursuant to the provisions of Sections 62-50 or 62-60. For the purpose of determining the amount of public access, the highest standard
        applicable to a #zoning lot# may be applied regardless of any specific #use# permitted or proposed for such #zoning lot#. Within Waterfront
        Access Plan BK-1, the #waterfront public access area# and #visual corridor# requirements for any parcel located within the Waterfront Access
        Plan may be determined by aggregating the #waterfront public access area# and #visual corridor# requirements of each #zoning lot# within the
        parcel and such aggregated requirements may be modified within such parcel without regard to #zoning lot# lines;

(b)    on #zoning lots# where #waterfront public access area# or #visual corridors# are not required pursuant to the provisions of Sections 62-50 and 62-
        60, inclusive, establish requirements for a #waterfront public access area# or #visual corridors#, except for those #zoning lots# #predominantly#
        #developed# for airports, heliports, seaplane bases or, in C8 or #Manufacturing Districts#, #uses# listed under Use Groups IV(B), IX or X,
        provided that such #zoning lots#, when improved would result in a community need for such physical or visual access to the waterfront or a
        waterfront linkage of #public parks# or other public areas. The plan may incorporate one or more of the #waterfront public access areas# or
        #visual corridors# listed in Section 62-50, inclusive, consistent with the standards of Sections 62-50 and 62-60, inclusive. Such standards may be
        modified as necessary to address local conditions provided such plan does not impose a requirement for any component greater than would
        otherwise be required pursuant to the provisions of Sections 62-50 or 62-60;

(c)   modify or waive specific requirements for a #waterfront public access area# or #visual corridors# in certain designated areas where such
        requirements would not be compatible with local conditions and therefore not serve to further public enjoyment of the waterfront;

(d)    identify shore terminations of mapped #streets# or #existing piers# or #platforms# within seaward prolongations of such #streets# and establish
        public access treatments for such areas after referral to the Department of Transportation or other City agency having jurisdiction over such
        property for its review and concurrence;

(e)   apply the #bulk# regulations of Section 62-30, inclusive, to a non-#waterfront block# when such #block# results from a subdivision of a
       #waterfront block# as the result of a #street# mapping; and

(f)   for #developments# where a #waterfront yard# is not otherwise required by Section 62-33 (Special Yard Regulations on Waterfront Blocks),
       establish requirements for a #waterfront yard# provided such plan does not impose a requirement greater than would be required by the
       provisions of Sections 62-331 (Front yards and side yards) or 62-332 (Rear yards and waterfront yards), as modified by the further provisions of
       this paragraph, (f), for such other #developments#. #Enlargements# of #buildings or other structures# existing on the effective date of the
       Waterfront Access Plan shall be permitted within such #waterfront yard# provided that the #enlargement# is for WD #uses# or #uses# listed
       under Use Groups IV(B), IX or X and no portion of the #enlargement#, other than permitted obstructions, is within 20 feet of the seaward edge
       of the #waterfront yard#. In addition, obstructions shall be permitted within such #waterfront yard# pursuant to applicable district #yard#
       regulations, except that no #building# or portion of a #building# shall be permitted within 10 feet of the seaward edge of such #waterfront yard#.

A Waterfront Access Plan shall include the following elements:

(1)    identification of the plan by Borough and plan number or area name;

(2)    a #zoning map#, or portion thereof, showing the boundaries of the geographical area included within the plan, which shall constitute the plan
        map;

(3)    delineation on the plan map of any physical or visual waterfront access features mandated by the plan to be at specific locations; and

(4)    a description in the plan text of all features established or modified by the plan, with reference to affected #blocks# and lots.