36-59 Cross Access Connections in the Borough of Staten Island
In the Borough of Staten Island, in the districts indicated, existing or new open parking lots adjacent to one another on the same or separate zoning lots shall be required to provide vehicular passageways between such open parking lots. Such vehicular passageways are hereinafter referred to as "cross access connections" and shall be provided in accordance with the requirements of this Section, inclusive.
Cross access connections shall be required for:
(a) developments where at least 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use with an open parking lot that has 36 or more accessory parking spaces or is greater than 12,000 square feet in area;
(b) enlargements on a zoning lot with an open parking lot that has 36 or more accessory parking spaces or is greater than 12,000 square feet in area; or
(c) zoning lots where the number of parking spaces accessory to commercial or community facility uses is increased and such increase results in at least 36 parking spaces or more than 12,000 square feet of open parking lot area.
No excavation, foundation or building permit shall be issued for any development or enlargement requiring a cross access connection, and no certificate of occupancy shall be amended for any increase in the number of parking spaces requiring a cross access connection until the Chairperson of the City Planning Commission certifies to the Department of Buildings that the requirements of Section 36-59, inclusive, have been met.
Every potential cross access connection meeting the criteria of this Section shall be shown on the site plan required pursuant to Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations).
(a) The connection shall be a minimum of 22 feet in width as measured along a lot line or boundary between separate properties when located on the same zoning lot, and at least 23 feet from any street line.
(b) The connection shall be an extension of a travel lane of the subject open parking lot and align to the maximum extent practicable with a travel lane on any adjacent open parking lot.
(c) The connection shall have a grade not greater than 15 percent.
(d) The connection shall be placed in an area that is not blocked by an existing building or other structure that is within 50 feet of the lot line or other boundary of the subject property.
(e) The connection shall be placed in an area that will not require the removal of significant natural features such as wetlands or trees with a caliper of six inches or more, on the same or adjacent zoning lots.
No screening or landscaping along a lot line shall be required in the connection area.
One cross access connection shall be provided on the subject property at each zoning lot line or other boundary on the same zoning lot, where the properties divided by such lot line or boundary are contiguous by at least 60 feet, and where the adjacent properties are located in C4-1, C8 or Manufacturing Districts. The location of the required cross access connection shall be established as follows:
(a) where an easement has not been previously recorded against any adjacent property in accordance with Section 36-595, an easement shall be recorded against the subject property documenting the locations of all potential cross access connections identified pursuant to Section 36-593. The easement shall provide for at least one future cross access connection to each adjacent property, at any of the locations identified; or
(b) where an easement has been previously recorded against an adjacent property in accordance with Section 36-595, an easement providing for at least one cross access connection meeting the criteria set forth in Section 36-593 shall be recorded against the subject property. Such cross access connection shall also align with one of the locations identified in the previously recorded easement against an adjacent property. If the previously recorded easement has identified more than one location for a cross access connection along such lot line or other boundary, the owner of the subject property shall select one of these locations for the cross access connection.
If such cross access connection has been established in a location that contained parking spaces upon the effective date of the easement, as set forth in Section 36-595, such connection shall be counted as four required parking spaces and shall be separated from any adjacent parking spaces by a planting island at least four feet wide and densely planted with shrubs maintained at a maximum height of three feet. Such planting islands shall not be subject to the landscaping provisions of Section 37-922 (Interior landscaping).
An easement through all required cross access connections for vehicular passage between and among adjacent parking lots, in a form acceptable to the Department of City Planning, shall be recorded in the Office of the Richmond County Clerk. An easement so recorded shall not become effective unless and until a corresponding easement has been recorded against an adjacent property, whether on the same or adjacent zoning lot, pursuant to this Section. Nothing herein shall be construed to limit the ability of a property owner or lessee to prohibit parking by non- customers.
If an easement pursuant to this Section has previously been recorded against any adjacent property, the owner of the subject property shall notify the owner of the adjacent property of the easement location selected by sending such owner a copy of the recorded easement. Proof of notification shall be a condition of certification under this Section. Prior to issuance of a temporary certificate of occupancy or permit sign-off, as applicable, the subject property owner shall further notify the adjacent property owner that the cross access connection must be constructed on the adjacent property within six months of the date of such notice. No temporary certificate of occupancy for any development, enlargement or increase in the number of parking spaces on the subject property, or permit sign-off, if applicable, shall be issued until the applicant has demonstrated to the Department of Buildings that such owner of the adjacent property has been duly notified. Failure to provide the cross access connection in accordance with the requirements of this Section and to allow for vehicular passage between and among the adjacent parking lots within six months of the date of the notice shall constitute a violation of this Zoning Resolution by the adjacent property owner. Failure to provide the cross access connection in accordance with the requirements of this Section and to allow for vehicular passage between and among the adjacent parking lots at the time of the aforementioned temporary certificate of occupancy or permit sign-off, if applicable, shall constitute a violation of this Zoning Resolution by the owner of the subject property.
36-596 Certification That No Connection Is Required, Relocation of Previously Certified Connections and Voluntary Connections
(a) Certification that no connection is required
The Chairperson shall certify to the Department of Buildings that no cross access connection is required along a lot line, or other boundary between separate parking lots when located on the same zoning lot, due to the presence of the following conditions, and provided that no alternate location along such lot line or other boundary between properties exists:
(1) grade changes greater than 15 percent;
(2) existing buildings or other structures to remain that are located within 50 feet of the subject zoning lot or property; or
(3) wetlands or trees with a caliper of six inches or more.
(b) Relocation of previously certified connection
The Chairperson may relocate a previously-certified cross access connection where such new location is acceptable to the owners of both properties and such connection complies with all requirements of this Section.
(c) Certification for voluntary connection
The Chairperson may certify a non-required cross access connection provided such connection complies with all requirements of Section 36-59, inclusive.
The City Planning Commission may authorize modifications or waivers of the requirements of Section 36-59, inclusive, provided the Commission finds that:
(a) due to the irregular shape of the zoning lot or the location of connections along other lot lines or boundaries between properties on the same zoning lot, it is not possible to design a complying parking lot with a complying cross access connection; or
(b) site planning constraints necessitate the placement of a new or enlarged building against a lot line or other boundary between properties that precludes a cross access connection along such lot line or boundary, and no other site plan is feasible.
The Commission may request reports from licensed engineers or landscape architects in considering such modifications or waivers.