62-811 Waterfront Public Access and Visual Corridors

For any parcel identified in Waterfront Access Plan BK-1, the Chairperson shall allow for the phased implementation of all required waterfront public access areas upon certification to the Commissioner of Buildings that a plan has been submitted that provides for an amount of waterfront public access area proportionate to the amount of floor area being developed in each phase. Additionally, for any development located within 240 feet of a shoreline, the initial phase and each subsequent phase shall provide a minimum of 200 linear feet of shore public walkway and any adjacent supplemental public access area located between such development and such shore public walkway, one upland connection through or adjacent to the entire parcel leading to the shore public walkway, and at least one other connection from the shore public walkway to an adjacent shore public walkway, street or other upland connection. For any development located entirely beyond 240 feet of a shoreline, the initial phase and each subsequent phase shall also provide a minimum of 100 linear feet of shore public walkway and one upland connection through or adjacent to the entire parcel leading to the shore public walkway. However, no waterfront public access area need be provided for a phase consisting of a development in which all residences in such phase are affordable residences for lower income households as defined in Section 23-93, or moderate income households as defined in Section 62-352, provided that such exemption shall only apply where 25 percent or less of the total residential floor area, including any applicable floor area bonuses, on the parcel has been developed.

A certification pursuant to paragraphs (b) or (c) of this Section shall be granted on condition that an acceptable restrictive declaration is executed and filed pursuant to Section 62-74 (Requirements for Recordation).