87-63 Declaration of Restrictions

For any fire apparatus access road proposed for certification pursuant to Section 87-61 (Special Provisions for Certain Fire Apparatus Access Roads), a declaration of restrictions shall be provided to guarantee the construction, improvement, operation, maintenance and repair of such road, and any sidewalk adjacent to such road, to guarantee that such road, and any sidewalk adjacent to such road, remains open, unobstructed and accessible to all members of the public, except as necessary to avoid public dedication, and to ensure compliance with all applicable provisions. Such declaration of restrictions shall be prepared in a form acceptable to the Department of City Planning, shall be filed and duly recorded in the Borough Office of the Register of the City of New York and indexed against the property. Filing and recording of the declaration of restrictions shall be a precondition for the Chairperson's certification under Section 87-61, where applicable.

For certifications proposed pursuant to Section 87-61 on Parcels 2, 3 or 4, where developments or enlargements on such parcels utilize the allowance for interim fire access turnaround, in accordance with paragraph (b) of Section 87-62 (Contiguity of Fire Apparatus Access Road with Adjacent Zoning Lots on Parcels 2, 3 and 4), any declaration of restrictions shall include that, at the time of the issuance of the notice of substantial compliance for the adjacent development, or enlargement pursuant to this Section, thereby permitting vehicular connection between zoning lots, the zoning lot containing a previously constructed fire apparatus access road turnaround area shall be responsible for the following actions on the portion of the connection on such zoning lot:

(a)        repurposing the fire apparatus access road turnaround area pursuant to the requirements set forth in paragraph (b) of Section 87-62;

(b)        extending all required sidewalks that had remained short of the lot line to the shared lot line to connect to the required adjacent sidewalks and enable unobstructed pedestrian movement across parcels;

(c)        complying with all applicable waterfront rules, the Department of Transportation standards for public streets and the New York City Fire Code; and

(d)        providing a connection with the adjacent zoning lot pursuant to Section 87-62.