63-30 - CERTIFICATION FOR A FRESH FOOD STORE

LAST AMENDED
12/15/2021

Upon application, the Chairperson of the City Planning Commission shall certify that a food store #use# is a #FRESH food store#, provided that:

(a)    drawings have been submitted to the Chairperson that clearly specify:

        (1)    all #floor area# or #cellar# space utilized as a #FRESH food store#, showing in the form of an illustrative layout that such designated
                space is designed and arranged to meet the requirements for perishable and non-perishable food products, pursuant to Section 63-01;

        (2)    all #floor area# that will result from any permitted increase in #floor area#, pursuant to Section 63-21, including the location of such
                #floor area#;

        (3)    the size, format and location of the required #sign#, pursuant to Section 63-12, including detailed information about dimensions of the
                #sign#, lettering, color and materials; and
        (4)    the location of the ground floor level #street wall# fronting upon a #primary street frontage#, pursuant to Section 63-23;

(b)    a signed lease or written commitment from the prospective operator of the #FRESH food store# has been provided in a form acceptable to the
        Chairperson for utilization of such #floor area# or #cellar# space and its operation as a #FRESH food store#; and

(c)    for #zoning lots# containing increased #residential floor area# generated pursuant to Section 63-21 (Special Floor Area Regulations), a legal
        commitment, in the form of a declaration of restrictions has been executed, in a form acceptable to the Department of City Planning, binding
        upon the owner and its successor and assigns, and providing for continued utilization of all #floor area# or #cellar# space as a #FRESH food
        store#, the operation of which shall commence within a reasonable period following the issuance of a temporary certificate of occupancy for the
        #floor area# or #cellar# space to be utilized by the #FRESH food store#.

        Such declaration of restrictions shall provide that the legal commitment for continued occupancy of the #floor area# or #cellar space# as a
        #FRESH food store# shall not apply during any:

        (1)    six (6) month period from the date such #floor area# or #cellar# space is vacated by the operator, provided that the owner timely notifies
                the Department of City Planning of such vacancy in accordance with the requirements of the restrictive declaration; or

        (2)    event of force majeure, as determined by the Chairperson.

        The filing and recordation of the declaration of restrictions in the Office of the City Register of the City of New York against all tax lots
        comprising the #FRESH food store#, and receipt of proof of recordation of such declaration in a form acceptable to the Department, shall be a
        precondition to certification by the Chairperson.

Certification by the Chairperson shall be a precondition to the issuance of any building permit, including any foundation or alteration permit, for any
#development#, #enlargement# or change of #use# under this Chapter.

Changes to the store layout of a #FRESH food store# that has been constructed pursuant to a previous certification under this Section, where such
changes result in a #FRESH food store# that continues to comply with the requirements of this Chapter, shall not require subsequent certification by
the Chairperson under this Section. #FRESH food stores# certified prior to December 15, 2021, that do not comply with paragraph (c) of the
definition of #FRESH food store# may change the floor layout provided that there is no increase in the degree of non-compliance with such
requirement.

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board,
which may review such proposal and submit comments to the Chairperson. If the Community Board elects to comment on such application, it must be
done within 45 days of receipt of such application. The Chairperson will not act on such application until the Community Board’s comments have been
received, or the 45-day comment period has expired, whichever is earlier.

For #zoning lots# containing increased #residential floor area# generated pursuant to Section 63-21 (Special Floor Area Regulations), if a
#development# or horizontal #enlargement# fails to comply with the provisions of Section 11-331 (Right to construct if foundations completed) with
respect to completion of foundations within four years of the date of certification pursuant to this Section, such certification and such building permit
shall lapse, and any new building permit will require a new certification pursuant to this Section.