62-81 Certifications by the Chairperson of the City Planning Commission
The provisions of Sections 62-811 and 62-812, relating to certifications for waterfront public access areas, visual corridors and zoning lot subdivisions, shall apply to all zoning lots within waterfront blocks and any other blocks included within a Waterfront Access Plan, except that the following shall not be subject to the provisions of Section 62-811:
airports, heliports and seaplane bases;
in any district, existing zoning lots of less than 10,000 square feet developed predominantly with single- or two-family residences within detached, semi-detached or zero lot line buildings, provided such zoning lots are not included within an area subject to a Waterfront Access Plan pursuant to Section 62-90;
zoning lots in R1 and R2 Districts; and
zoning lots in C8 and Manufacturing Districts, containing predominantly Use Group 16, 17 or 18 uses, except for docking facilities serving passenger ocean vessels or sightseeing, excursion or sport fishing vessels.
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:
(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 has been submitted showing compliance with 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);
(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.
An existing zoning lot within a waterfront block, or within any other block included in a Waterfront Access Plan, may be subdivided into two or more zoning lots, or reconfigured in a manner that would reduce its area or any dimension, only in accordance with the provisions of this Section or as modified pursuant to Section 62-822 (Modification of waterfront public access area and visual corridor requirements).
Such zoning lot may be subdivided or reconfigured provided that the Chairperson of the City Planning Commission certifies that:
(a) there are no requirements in this Chapter for a waterfront public access area or visual corridors on such zoning lotfor any use permitted on such zoning lot; or
(b) a restrictive declaration shall be recorded against each subdivided or reconfigured zoning lot, binding all such zoning lots to provide waterfront public access areas or visual corridors at the time of a development, other than an exempt development, as set forth in Section 62-52. Such restrictive declaration shall include a site plan that sets forth the amount and location of the required waterfront public access areas and visual corridors on all resulting zoning lots. Such waterfront public access area or visual corridor shall be provided as required for the original zoning lot at the time of development of a non-exempt use; or
(c) there are existing publicly accessible waterfront open areas on the zoning lot constructed as part of a previously approved site plan providing physical and visual access to and along the waterfront, and such open areas are no smaller in square footage than that required under the provisions of this Chapter for waterfront public access areas and visual corridors, and restrictions have been recorded against the property requiring such existing open area to remain accessible to the public for the life of the development.