87-71 Special Public Access Provisions

The provisions of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS) shall apply to developments, as modified in this Section. For the purpose of this Section, "development" shall be as defined in Section 62-11. To "develop" shall mean to create such development. In addition, the lot area allocated to fire apparatus access road pursuant to the provisions of Section 87-60, inclusive, may count towards any required supplemental access area required pursuant to  the provisions of Section 62-57 (Required Supplemental Public Access Areas).

(a)        Shore public walkways

(1)        The shore public walkway shall be provided in the location designated on Map 3 (Waterfront Access Plan: Public Access Elements) and constructed at an elevation not lower than the highest level of the train track bed of the Oak Point Rail Link, except that on Parcel 5, if commercial or public utility vehicle storage, as listed in Use Group 16C, is developed as the primary use on the zoning lots, the elevation requirement shall not apply. However, for any other use, the elevation requirement shall only apply along the westernmost section of the shore public walkway to a depth of 40 feet.

(2)        An approved turnaround area in a dead-end fire apparatus access road, as defined in the New York City Fire Code, Section 503.2.9 (Dead-end turnarounds), or its successor, may, by certification extend into a designated shore public walkway pursuant to paragraph (b) of Section 87-62 (Contiguity of Fire Apparatus Access Road with Adjacent Zoning Lots on Parcels 2, 3 and 4).

(3)        In the event that a portion of a waterfront zoning lotis within 40 feet of the shoreline yet does not abut the shoreline because of an intervening zoning lot, a shore public walkway shall be provided on such upland portion. The width of the shore public walkway on such portion shall be 40 feet measured from the shoreline of the intervening zoning lot and shall include the width of the intervening zoning lot. The portion of such shore public walkway located upland of the intervening zoning lot shall be improved with a circulation path at least 10 feet wide, and any required planted screening buffer shall have a width of at least four feet.

(4)        On Parcel 5, if a commercial or public utility vehicle storage use is developed as the primary use on the parcel, the shore public walkway requirements set forth in Section 62-62 shall apply, except that:

(i)        the required width of the shore public walkway may be reduced to a minimum of 20 feet along the northern edge of the inlet and may be reduced to a minimum of 30 feet along the eastern edge of the inlet;

(ii)        the circulation path required in paragraph (a)(1) of Section 62-62 shall be modified to a minimum width of 10 feet along the northern and eastern edge of the inlet;

(iii)        the screening provisions of paragraph (c)(2) of Section 62-62 shall not apply. In lieu thereof, a planted screening buffer with a width of four feet shall be provided. Such planted buffer shall consist of densely planted shrubs or multi-stemmed screening plants, with at least 50 percent being evergreen species. Shrubs shall have a height of at least four feet at the time of planting; and

(iv)        a 10-foot-wide pedestrian walkway between the shore public walkway and Exterior Street shall be provided on Parcel 5 adjacent to such upland connection location.

(b)        Upland connections

Upland connections shall be located on Parcels 1, 3, 4, 5, 6, 10 and 11, as designated on Map 3 in the Appendix to this Chapter.
The applicable provisions of Section 62-50, inclusive, are modified, as follows:

(1)        On Parcel 1, for an upland connection required along the northern boundary of a mapped park, the additional open area requirement of paragraph (a)(2) of Section 62-561 (Types of upland connections) shall not apply;

(2)        Parcel 3 shall provide an upland connection at the designated location shown on Map 3. In addition, such upland connection shall be provided as specified below:

(i)        The additional area requirements of paragraph (a)(2) of Section 62-561 shall not apply.

(ii)        In the event that Parcel 3 is developed with Parcels 2 or 4, an upland connection shall be provided within the flexible location zone shown on Map 3. The additional area requirements of paragraph (a)(2) of Section 62-561 shall apply.

(3)        On Parcels 1 and 3, if a Type 1 upland connection is provided, and a fire apparatus access road is required pursuant to the New York City Fire Code, Section 503.2 (Fire apparatus access roads), or its successor, the design requirements of Section 62-64 shall be modified as follows:

(i)        the required circulation path may be used to allow such fire apparatus access road, and its minimum width shall be in accordance with all applicable requirements of the Fire Code;

(ii)        such circulation path shall be paved with distinct materials, not including asphalt, to facilitate pedestrian usage; and

(iii)        the minimum planting area requirements shall be reduced to 15 percent;

(4)        The required width for an upland connection on Parcel 6 is reduced to 12 feet. Such upland connection shall be subject only to the applicable pedestrian path provisions.

(c)        Supplemental public access areas

Supplemental public access areas, pursuant to this Plan, shall be provided on Parcels 1, 2, 10 and 11, as indicated on Map 3 in the Appendix to this Chapter, except that:

(1)        such requirement may be waived for Parcels 1 and 2 by the Chairperson of the City Planning Commission, in conjunction with a certification pursuant to paragraph (c) of Section 62-811 (Waterfront public access and visual corridors), where the site plan includes a vehicular connection through the zoning lot, provided that:

(i)        such vehicular connection complies with the requirements of Section 87- 62 (Fire Apparatus Access Roads) and, for Parcel 2, the requirements of Section 87-62 (Contiguity of Fire Apparatus Access Road With Adjacent Zoning Lots on Parcels 2, 3 and 4); and

(ii)        such vehicular connection, either:

(a)        on Parcel 1, provides access between East 149th Street and Exterior Street, serving all buildings along the shore public walkwayand mapped parkland; or

(b)        on Parcel 2, provides a bi-directional connection from the intersection of Exterior Street and the northern boundary of Parcel 2, immediately adjacent to and contiguous with the entire southern boundary of the mapped parkland, immediately adjacent to and contiguous with the shore public walkway to the southernmost lot line of Parcel 2.

(2)        for Parcel 11, at the location designated as "Supplemental Public Access Area (Shore Public Walkway Location)" on Map 3, a supplemental public access area shall be provided at a minimum width of 40 feet as indicated on Map 3, and the design and dimensional requirements for shore public walkway as set forth in Sections 62-50, inclusive, and 62-60, inclusive, shall apply.

(d)        Visual Corridors

Visual corridors shall be located within Parcels 4, 9, 10, 11, 12 and 13, and mapped parkland, as indicated on Map 4 (Waterfront Access Plan: Visual Corridors) in the Appendix to this Chapter. For all required visual corridors, the provisions of Section 62-512 (Dimension of visual corridors) shall be modified  to allow the lowest level of a visual corridor, at its seaward points, to be measured to a height two feet above base flood elevation or a height equal to the Oak Point Rail Link train track bed elevation, whichever is higher.

The Oak Point Rail Link shall be a permitted obstruction for visual corridors.