62-811 Waterfront Public Access and Visual Corridors

No excavation or building permit shall be issued for any development on a waterfront block, or any other block included within a Waterfront Access Plan, until the Chairperson of the City Planning Commission certifies to the Department of Buildings or Department of Business Services, as applicable, that:

(a)        there is no waterfront public access area or visual corridor requirement for the zoning lot containing such development due to the following:

(1)        the development is exempt pursuant to Sections 62-52 (Applicability of Waterfront Public Access Area Requirements) or 62-51 (Applicability of Visual Corridor Requirements); or

(2)        the waterfront public access area or visual corridor requirement has been waived pursuant to Section 62-90 (WATERFRONT ACCESS PLANS);

(b)        a site plan has been submitted showing compliance with the provisions of Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS) and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS);

(c)        a site plan has been submitted showing compliance with the provisions of Section 62-90;

(d)        for developments listed in Section 62-52, paragraph (b), on a zoning lot containing a public access area established prior to October 25, 1993, meeting the terms of Section 62-58 (Requirements for Water-Dependent Uses and Other Developments), by restrictive declaration, lease agreement, maintenance and operation agreement or other agreement with a public entity, which public access area is required to be provided for the life of the development subject to such agreement, a copy of such restrictive declaration or agreement and a site plan indicating the location, area and design of the required public access area and showing substantial compliance with the provisions of Section 62-58 have been submitted; or

(e)        for the development of a park, a site plan and all other applicable data have been submitted showing compliance with the provisions of Section 62-59 (Special Regulations for Zoning Lots That Include Parks).

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).

Within 45 days of receipt of a complete application, the Chairperson shall either certify that the proposed development complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply. Failure to certify or disapprove such application within the 45 day period will release the Department of Buildings or the Department of Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.