(a) If the aggregate area of the required shore public walkways, upland connections, public access areas on piers, and public access areas in conjunction with floating structures on the zoning lot, is less by 750 square feet or more than the amount of waterfront public access area required by the table in this Section, then supplemental public access areas shall be provided in order to meet the total amount of waterfront public access area required by the table. However, when a zoning lot is developed predominantly as a playground or publicly accessible private park, the requirements of this Section shall be deemed to be satisfied by such use.
(b) Where supplemental public access areas are required within New York State-designated wetlands or adjacent State-regulated areas, the area requirements and the design standards for such supplemental public access areas may be reduced or modified by the New York State Department of Environmental Conservation.
Supplemental public access areas shall not be required where the total area of such designated wetlands and adjacent State-regulated areas on the zoning lot is equal to or greater than the total supplemental public access area requirement and the Department of Environmental Conservation determines that public access to such areas is not permitted.
(c) Whenever a zoning lot is divided by a boundary between districts in which different thresholds apply pursuant to the tablein this Section, the waterfront public access area requirement shall be met for the entire zoning lot, provided that:
(1) the lot area or length of shoreline in either district is less than the minimum threshold for which there is a total waterfront public access area requirement; and
(2) the total lot area or length of shoreline for the entire zoning lot is greater than the lowest threshold in either district for which there is a total waterfront public access area requirement.
Each portion of the zoning lot shall generate a total waterfront public access area requirement based on the percentage required in the table for the district in which it is located.
WATERFRONT PUBLIC ACCESS AREA REQUIREMENTS
Zoning Lot Threshold
Total Waterfront Public Access Area Requirement as a Percentage of Lot Area
R3, R4, R5,
C1 or C2 in R1-R5
Lot area: 65,340 sq. ft.
Shoreline length: 600 ft.
R6, R7-1, R7-2, R7A, R7B, R7D, R8B
and Commercial Districts governed by the bulk regulations of such Residence Districts
All other Commercial or Manufacturing Districts with a permitted commercial FAR of 4.0 or less
Lot area: 20,000 sq. ft.
Shoreline length: 100 ft.
Other R7, R8, R9, R10 Districts and Commercial Districts governed by the bulk regulations of such Residence Districts
All other Commercial or Manufacturing Districts with a permitted commercial FAR above 4.0
Lot area: 20,000 sq. ft.
Shoreline length: 100 ft.
A supplemental public access area shall also be subject to the provisions of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas).
Supplemental public access areas shall adjoin a shore public walkway in accordance with the requirements of this Section, except as modified by paragraphs (a) and (b) of Section 62-57, and the provisions of this Section:
(a) The minimum area of the supplemental public access area:
(1) when located at the intersection of a shore public walkway and an upland connection or street, shall be 750 square feet, have a minimum width to depth ratio of 1:1 and a maximum width to depth ratio of 3:1. The longest side shall adjoin the shore public walkway; or
(2) when located adjoining a shore public walkway without adjoining an upland connection or street, shall be 1,875 square feet and have a minimum width to depth ratio of 3:1. The minimum depth perpendicular to the shore public walkway, as a weighted average, shall be 25 feet.
The width to depth requirements of paragraphs (a)(1) and (a)(2) of this Section may be satisfied with weighted average dimensions. The minimum angle between the two boundary lines of a supplemental public access area coinciding with the private portion of the zoning lot shall be 90 degrees.
(b) A supplemental public access area may be provided:
(1) to widen the shore public walkway, with a minimum width of 10 feet running continuously along the shore public walkway between any two of the following: an upland connection, open street, public park or other public place;
(2) as a pedestrian sidewalk area abutting a roadbed running along the shoreline, provided such sidewalk has a minimum width of 13 feet and complies with the provisions for a Type 2 upland connection pursuant to Section 62-64. Any additional supplemental public access area shall comply with the requirements of this Section; or
(3) as a dedicated bicycle path if such path connects at each end to an open street. The minimum width of a bicycle path shall be 10 feet, with an additional two foot clearance on each side along the entire length of the path. There shall be a planted area between a bicycle path and a paved area for pedestrian use, pursuant to the requirements of paragraph (c) of Section 62-62.