104-42 Open Areas
All mandatory open areas as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter and all open areas adjacent thereto up to the street wall required pursuant to the provisions of Section 104-33 (Mandatory Street Walls) shall comply with the urban design regulations of Sections 104-42 through 104-43, inclusive, and shall be open and unobstructed except as specified.
(a) Map 3 (Widened Sidewalk Lines) in Appendix A of this Chapter specifies the locations of mandatory widened sidewalks. The depth of such mandatory widened sidewalks shall be as indicated on Map 3 and specified in this Section, and shall be measured perpendicular to the street line. Mandatory widened sidewalks shall be constructed at the same level as the adjoining public sidewalks and shall be accessible to the public at all times. The portions of all mandatory widened sidewalks used for pedestrian circulation shall be improved as sidewalks to Department of Transportation standards.
(b) Within mandatory widened sidewalks, landscaping and other amenities shall be permitted. Mandatory widened sidewalks shall be considered streets for the purposes of applying the provisions of the New York City Building Code governing cornices, eaves, sills and other architectural elements that project over streets. However, no fences shall be permitted, no planters shall be higher than two feet above the finished level of the adjacent sidewalk, and all trees shall be planted flush to grade.
(c) Adjacent area at grade between lower street wall and sidewalk
Where the lower street wall, or the street wall if no lower street wall is required, is set back from the mandatory widened sidewalk line or the street line, whichever is applicable, the entire surface area of the ground located between the street wall and the public sidewalk shall comply with the standards of paragraphs (a) and (b) of this Section. Such areas may be covered and may include columns and other elements not specifically excluded pursuant to paragraph (b) of this Section.
(d) Additional regulations shall apply to the following areas and conditions:
(1) Narrow streets
The mandatory widened sidewalks located along narrow streets shall be five feet wide. A paved walking path not less than 10 feet wide, which may include the public sidewalk, shall be provided. The paving surface shall be of a non-skid material, whether wet or dry.
(2) 12th Avenue
The mandatory widened sidewalks located along 12th Avenue, as shown on Map 7 in Appendix A of this Chapter, shall be 30 feet wide and include a 15 foot wide area adjacent to the street line for the provision of an open market and a walking surface with a minimum clear path of 15 feet adjacent to the market area. The walking surface shall be of a non-skid material, whether wet or dry.
(i) Permanent, fixed elements, such as landscaping and seating, with a minimum coverage of five percent of the market area, shall be required.
(ii) The following obstructions shall be permitted:
Temporary, moveable elements with a maximum coverage of 30 percent of the market area per zoning lot, such as carts, kiosks or pavilions, open or enclosed; market umbrellas; retail structures, open; and seating and other street furniture.
Midblock Open Areas shall be provided as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter. However, no Midblock Open Area is required on any block that is not developed as a single zoning lot. The Midblock Open Areas shall have a minimum width of 50 feet clear and open to the sky.
All Midblock Open Areas shall have a minimum clear path of 15 feet and shall be improved as paved surfaces of a non-skid material, whether wet or dry. A minimum of 20 percent and a maximum of 50 percent of each Midblock Open Area shall be improved with landscape treatment, including planting and other amenities. No fences shall be permitted. No walls or planters shall be higher than two feet above the finished level of the nearest adjoining sidewalk.
The full width of each Midblock Open Area shall be improved and open to the public prior to applying for and receiving a temporary certificate of occupancy for any development adjacent to such area. However, up to 10 feet of the width of a Midblock Open Area may be temporarily enclosed within a construction fence for the shortest period of time reasonably necessary to permit construction in the adjacent area.
For buildings adjacent to the Midblock Open Areas, other than a building located on Parcel E2 as shown on Map 5 (Parcel Designation and Maximum Building Heights) in Appendix A of this Chapter, building walls fronting on such Midblock Open Areas shall be transparent for at least 50 percent of the area of each such wall, measured from the finished level of the adjacent pavement to the height of the ceiling of the second story.
An East/West Open Area shall be provided as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter. The East/West Open Area shall have:
(a) a minimum width of 60 feet and shall be open to the sky;
(b) a minimum clear path of 15 feet, which shall be improved as a paved surface of a non-skid material, whether wet or dry; and
(c) a minimum of 20 percent of its area improved with landscape treatment, including planting and other amenities. No walls or planters shall be higher than two feet above the finished level of the adjacent sidewalk.
Air intake grilles, flush to grade, shall be permitted, provided such intake grilles do not exceed 10 percent of the area of the East/West Open Area, and are concealed from public view by planting or other design features.
The full width of the East/West Open Area shall be improved and open to the public, prior to applying for and receiving a temporary certificate of occupancy for any development adjacent to such area.