136-32 Streets and Public Open Spaces
The requirements of this Section shall apply to zoning lots containing developments or enlargements within the current or former Downtown Far Rockaway Urban Renewal Area.
No building permit shall be issued for any development or enlargement until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such development or enlargement complies with the provisions of this Section.
The Chairperson shall certify that:
(a) all publicly accessible open spaces adjacent to the proposed development or enlargement comply with the provisions of Section 136-324 (Publicly accessible open space requirements);
(b) the location of private streets adjacent to the proposed development or enlargement complies with the provisions of Section 136-323 (Private streets); and
(c) for any portion of Subdistrict A outside the area of the proposed development or enlargement for which a certification pursuant to this Section has not been obtained, the applicant has submitted sufficient documentation showing that the development or enlargement that is the subject of this certification, and any associated private streets and publicly accessible open spaces required to be constructed in conjunction with such development or enlargement, shall not preclude such undeveloped portions of Subdistrict A from complying with the provisions of Sections 136-323 and 136-324 under future certifications pursuant to this Section.
All required private streets and publicly accessible open spaces, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including provisions for the maintenance and operation of such private streets and publicly accessible open spaces, indexed against the property, binding the owners, successors and assigns to provide and maintain such private streets and publicly accessible open spaces in accordance with the plans certified by the Chairperson. Such declaration, or any maintenance and operation agreement with the City or its designee executed in connection with such declaration, shall require that adequate security be provided to ensure that the private streets and public access areas are maintained in accordance with the declaration and any related maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.
In addition, the private streets and publicly accessible open spaces integral to the development or enlargement of a building, as indicated in the plans certified by the Chairperson, shall be recorded on the certificate of occupancy for such building by the Department of Buildings. The recording information of the declaration of restrictions shall be included on the certificate of occupancy for any building, or portion thereof, issued after the recording date.
The property owner shall be responsible for the construction and maintenance of all required private streets and publicly accessible open spaces on the zoning lot. No temporary or final certificate of occupancy shall be issued for any building adjacent to such private street or publicly accessible open space until all required improvements are completed, except as set forth in a phasing plan that has been incorporated in a signed and duly recorded declaration of restrictions, and that has provided for interim improvements and access where these do not present conflicts with construction, staging or public safety.
For buildings developed or enlarged after September 7, 2017, where the development or horizontal enlargement fronts upon designated streets as shown on Map 8 (Sidewalk Widenings) in the Appendix to this Chapter, the provisions of this Section shall apply.
A sidewalk widening is a continuous, paved open area along the street line of a zoning lot, located within the zoning lot. A sidewalk widening shall be provided along streets as shown on Map 8, to the extent necessary, so that a minimum sidewalk width of 13 feet or 18 feet, as applicable, is achieved, including portions within and beyond the zoning lot. Such depth shall be measured perpendicular to the street line. Sidewalk widenings shall be improved as sidewalks to Department of Transportation standards, at the same level as the adjoining public sidewalk and shall be directly accessible to the public at all times. No enlargement shall be permitted to decrease the depth of such sidewalk widening to less than such minimum required depth.
Lighting shall be provided with a minimum level of illumination of not less than two horizontal foot candles throughout the entire mandatory sidewalk widening. Lighting fixtures installed by the Department of Transportation within the street adjacent to such sidewalk widening shall be included in the calculation of the required level of illumination.
Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening within the zoning lot shall be considered to be the street line for the purposes of Sections 136-22 (Height and Setback Regulations) and 136-31 (Special Height and Setback Regulations Within Subdistrict A).
In Subdistrict A, private streets shall be accessible to the public at all times, except when required to be closed for repairs, and for no more than one day each year in order to preserve the private ownership of such area. Private streets shall have a minimum width of 60 feet. Private streets shall be constructed to Department of Transportation standards for public streets. Sidewalks shall have a minimum clear path of seven feet on each side of such private streets along their entire length. Such private streets shall be located as shown on Map 6 (Publicly Accessible Private Streets) in the Appendix to this Chapter. One street tree shall be planted for every 25 feet of curb length of each private street. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be planted at approximately equal intervals along the entire length of the curb of the private street.
The private street network shall be established as follows:
(a) a central street shall connect Open Space A with Nameoke Avenue, as shown on Map 6. However, if the centerline of the new street is not within five feet of the extended centerline of Brunswick Avenue, then the easterly curb of the new street shall be greater than 50 feet from the extended line of the westerly curb of Brunswick Avenue;
(b) a southerly cross street shall connect Redfern Avenue with the central street, intersecting Redfern Avenue within the area shown on Map 6. However, if the centerline of the new street is not within five feet of the extended centerline of Dix Avenue, then the northerly curb of the new street shall be greater than 50 feet from the extended line of the southerly curb of Dix Avenue;
(c) a northerly cross street shall connect Birdsall Avenue with Bayport Place, intersecting Redfern Avenue so that the centerline of the new street is within five feet of the extended centerline of Birdsall Avenue and within five feet of the centerline of Bayport Place.
Publicly accessible open spaces shall be provided within Flexible Open Space A Location and Flexible Open Space B Location, as applicable, as shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter. Open Space A shall contain a minimum of 23,000 square feet, and Open Space B shall contain a minimum of 7,000 square feet.
(a) A portion of the required publicly accessible open space located within Open Space A shall have a minimum width of 80 feet within 55 feet of Mott Avenue. Open Space A shall extend from Mott Avenue to the nearest private street required pursuant to Section 136-323 (Private streets), and shall maintain a minimum width of 60 feet.
(b) Publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-727 (Hours of access) 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes), 37-74 (Amenities) and 37-75 (Signs), except for the following modifications:
(1) Section 37-73 (Kiosks and Open Air Cafes) shall be modified as follows:
(i) paragraph (a) of Section 37-73 shall be modified to permit a kiosk to occupy an area no greater than 400 square feet within Open Space A, provided that such kiosk has a maximum width, measured along the same axis as the minimum width of Open Space A pursuant to paragraph (a) of this Section, of 20 feet, and provided that any canopies, awnings or other sun control devices extending from such kiosk shall be limited to a distance of five feet from such kiosk;
(ii) paragraph (b) of Section 37-73 shall be modified to limit the aggregate area of open air cafes to no more than 40 percent of the publicly accessible open space, to allow open air cafes to occupy up to 50 percent of street frontage along Mott Avenue, and to eliminate the requirement that open air cafes be located along the edge of the publicly accessible open space; and
(iii) paragraphs (c) and (d) of Section 37-73 shall not apply to the certification of open air cafes in the Special District, and the filing of plans for open air cafes in the Borough Office of the City Register shall not be required;
(2) Section 37-741 (Seating) shall be modified as follows:
(i) the requirement for a minimum of one linear foot of required seating for every two linear feet of street frontage within 15 feet of the street line shall not apply;
(ii) the requirement of one linear foot of seating for each 30 square feet of public plaza area shall be modified to one linear foot of seating for each 60 square feet of publicly accessible open space; and
(iii) seating for open air cafes may count toward the seating requirement, in the category of moveable seating, provided that 50 percent of the linear seating capacity is provided through other seating types;
(3) For Open Space A, Section 37-742 (Planting and trees) shall be modified to require that at least 15 percent of the area of the publicly accessible open space shall be comprised of planting beds with a minimum dimension of two feet, exclusive of any bounding walls. For Open Space B, Section 37-742 (Planting and trees) shall be modified to eliminate the requirement for such planting beds;
(4) Section 37-743 (Lighting) shall be modified to provide that for publicly accessible open spaces fronting on Mott Avenue, the lighting fixtures installed by the Department of Transportation within the street shall be included in the calculation of the required level of illumination;
(5) Section 37-744 (Litter receptacles) shall be modified to require a minimum of one litter receptacle per 5,000 square feet of publicly accessible open space;
(6) Entry plaques for publicly accessible open spaces shall be provided as described in paragraph (a) of Section 37-751 (Public space signage systems), except that one such plaque shall be located at each point of entry from a street to such publicly accessible open space; and
(7) Section 37-753 (Accessory signs) shall be modified as follows:
(i) paragraphs (a), (c) and (d) shall not apply;
(ii) paragraph (b) shall be modified to permit non-illuminated or illuminated accessory signs, and the permitted surface area of such signs shall be as permitted by the underlying district, as if the publicly accessible open space were a street; and
(iii) paragraph (e) shall be modified to permit any number of accessory signs within the publicly accessible open space, subject to the remaining provisions of such paragraph (e).