62-61 General Provisions Applying to Waterfront Public Access Areas
(a) All waterfront public access areas shall be unobstructed from their lowest level to the sky, except as set forth in Section 62-611 (Permitted obstructions). The lowest level of any portion of a waterfront public access area shall be determined by the elevation of the adjoining portion on the same or an adjoining zoning lot or the public sidewalk to which it connects. Reference elevations shall be established from the public sidewalks, waterfront yard levels and the elevations previously established by adjoining zoning lots at lot line intersections of a waterfront public access network, as applicable.
(b) The minimum required circulation path shall be connected and continuous through all waterfront public access areas on adjacent zoning lots.
(c) Waterfront public access areas shall be accessible to persons with physical disabilities in accordance with the Americans with Disabilities Act and the American National Standards Institute (ANSI) design guidelines.
(d) All waterfront public access areas improved for public access shall meet the following regulations for site grading:
(1) In required circulation paths:
(i) for cross-sectional grading regulations (perpendicular to the general direction of pedestrian movement), the minimum slope of a required circulation path shall be one and one-half percent to allow for positive drainage and the maximum slope shall be three percent. Steps and stairways accommodating a cross-sectional grade change are only permitted outside of the required circulation path(s).
(ii) for longitudinal grading controls (parallel to the general direction of pedestrian movement), grade changes shall be permitted along the length of a required circulation path by means of steps or ramps in compliance with the requirements for handicapped accessibility.
(2) In required planting areas, including screening buffers:
Within five feet of the edge of any planting area, the grade level of such planting area shall be no more than 18 inches higher or lower than the adjoining level of the pedestrian circulation path.
(e) Vehicle and emergency access
Vehicular access is prohibited within waterfront public access areas except for emergency and maintenance vehicular access. Parking areas, passenger drop-offs, driveways, loading berths and building trash storage facilities are not permitted within, or allowed to be accessed or serviced through, a waterfront public access area, except for vehicular access to drop-offs and other required services accessory to docking facilities or to development on a pier or floating structure.
Such vehicular ways shall be used only to provide access across the shore public walkway. No single driveway shall exceed a width of 25 feet. Bollards shall be installed in accordance with Section 62-651. A minimum 12 inch paved border shall be installed along the driveway boundaries and shall have a color distinct from the paving of the adjoining paved surface.
Vehicular roadways are permitted as part of an upland connection in accordance with the regulations of Section 62-56.
Any vehicular roadway crossing a required waterfront public access area shall comply with the requirements for paving in Section 62-656.
Waterfront public access areas shall be unobstructed from their lowest level to the sky except that the obstructions listed in this Section shall be permitted, as applicable. However, no obstructions of any kind shall be permitted within a required circulation path.
(a) In all areas
(1) Trees and other plant materials, including grasses, vines, shrubs and flowers, watering equipment, arbors, trellises, observation decks, retaining walls;
(2) Seating, litter receptacles, drinking fountains, other outdoor furniture;
(3) Fountains, reflecting pools, waterfalls, sculptures and other works of art, temporary exhibitions;
(4) Guardrails, bollards, gates and other protective barriers, in accordance with Section 62-651;
(5) Lights and lighting stanchions, flag poles, exercise and other recreational equipment;
(6) Kiosks and open air cafes
Where a kiosk is provided, it shall occupy an area no greater than 150 square feet, including roofed areas. A kiosk may be freestanding or attached on only one side to a building wall. Any area occupied by a kiosk shall be excluded from the definition of floor area, and may only be occupied by news or magazine stands, food stands, flower stands, bicycle rental stands, information booths or uses accessory to permitted WD uses, as permitted by the applicable district use regulations or as modified by Section 62-29.
Open air cafes shall be permanently unenclosed except that they may have a temporary fabric roof. No kitchen equipment shall be installed within an open air cafe. Kitchen equipment may be contained in a kiosk adjoining the open air cafe.
Notwithstanding the provisions of Section 32-41 (Enclosure Within Buildings), outdoor eating services or uses occupying kiosks may serve customers on a waterfront public access area through open windows.
(b) In screening buffers
(1) Paved entrances to buildings fronting upon a screening buffer, including awnings and canopies over such entrances, seating located within 42 inches of an adjacent paved area, bicycle racks within six feet of the sidewalk of an open accessible street or within 10 feet of an upland connection;
(2) Service equipment necessary for maintenance of waterfront public access areas or the functioning of adjacent structures such as watering equipment, sheds for tool storage, electrical transformers or other mechanical or electrical service devices, provided all such equipment covers no more than 100 square feet in any location and has a maximum height of 10 feet. Such obstructions shall be screened in accordance with Section 62-655 (Planting and trees);
(3) Exhaust vents located on building walls fronting on the screening buffer, only if the bottom of such vent is a minimum of 10 feet above the adjacent ground level and projects no more than four inches from the building wall.
(c) Beyond 20 feet of the shoreline
Tot-lots, playgrounds, dog runs, public telephones, toilets, bicycle racks.
(d) In Community District 1 in the Borough of Brooklyn
Any amenity accessory to docking facilities for ferries or water taxis shall be considered a permitted obstruction only where such amenity is certified by the Chairperson of the City Planning Commission in conjunction with the docking facility, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas).