63-30 Certification for a Fresh Food Store
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 food and non-food grocery 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 principal street, 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) 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 the issuance of any building permit, including any foundation or alteration permit, for any development or enlargement under this Chapter.
In granting the certification, the Chairperson may specify that minor changes in store layout consistent with the definition of a FRESH food store shall not warrant further certification pursuant to this Section.
No later than the date on which an application for certification is first submitted, a copy of the drawings submitted pursuant to paragraph (a) of this Section shall be submitted by the applicant to the affected Community Board, which shall have 45 days to review said application. The Chairperson shall not issue a certification for an application during the Community Board review period, unless the Community Board has submitted to the Chairperson comments regarding such proposal or informed the Chairperson that the Community Board has no comments.
No certificate of occupancy shall be issued for any portion of the development or enlargement identified in the drawings submitted pursuant to paragraph (a)(2) of Section 63-30 until a temporary certificate of occupancy has been issued for the FRESH food store space. No final certificate of occupancy shall be issued for any such portion of the development or enlargement identified in such drawings until the FRESH food store space has been completed in accordance with the drawings submitted pursuant to paragraph (a)(1) of Section 63-30 and a final certificate of occupancy has been issued for the FRESH food store space. The declaration of restrictions shall be noted on any temporary or final certificate of occupancy for the building.