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What is NYC ZR § 62-61?

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This section establishes regulations for waterfront public access areas, ensuring they remain unobstructed and accessible, including provisions for circulation paths and compliance with accessibility standards. It outlines grading requirements, vehicular access restrictions, and design guidelines. Applies to property owners with waterfront public access areas.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 62-61 General Provisions Applying to Waterfront Public Access Areas

ZR § 62-61

(a)All waterfront public access areas shall be unobstructed from their lowest level to the sky, except as set forth in Section 62-611 (Permitted obstructions). The lowest level of any portion of a waterfront public access area shall be determined by the elevation of the adjoining portion on the same or an adjoining zoning lot or the public sidewalk to which it connects. Reference elevations shall be established from the public sidewalks, waterfront yard levels and the elevations previously established by adjoining zoning lots at lot line intersections of a waterfront public access network, as applicable.

(b)The minimum required circulation path shall be connected and continuous through all waterfront public access areas on adjacent zoning lots.

(c)Waterfront public access areas shall be accessible to persons with physical disabilities in accordance with the Americans with Disabilities Act and the American National Standards Institute (ANSI) design guidelines.

(d)All waterfront public access areas improved for public access shall meet the following regulations for site grading:

(1)In required circulation paths:

(i)for cross-sectional grading regulations (perpendicular to the general direction of pedestrian movement), the minimum slope of a required circulation path shall be one and one-half percent to allow for positive drainage and the maximum slope shall be three percent. Steps and stairways accommodating a cross-sectional grade change are only permitted outside of the required circulation path(s).

(ii)for longitudinal grading controls (parallel to the general direction of pedestrian movement), grade changes shall be permitted along the length of a required circulation path by means of steps or ramps in compliance with the requirements for handicapped accessibility.

(2)In required planting areas, including screening buffers:Within three feet of the edge of any planting area, the grade level of such planting area shall be no more than three feet higher or lower than the adjoining level of the pedestrian circulation path.

(e)Vehicle and emergency accessVehicular access is prohibited within waterfront public access areas except for emergency and maintenance vehicular access. Parking areas, passenger drop-offs, driveways, loading berths and building trash storage facilities are not permitted within, or allowed to be accessed or serviced through, a waterfront public access area, except for vehicular access to drop-offs and other required services accessory to docking facilities or to development on a pier or floating structure.Such vehicular ways shall be used only to provide access across the shore public walkway. No single driveway shall exceed a width of 25 feet. Bollards shall be installed in accordance with Section 62-651. A minimum 12 inch paved border shall be installed along the driveway boundaries and shall have a color distinct from the paving of the adjoining paved surface.Vehicular roadways are permitted as part of an upland connection in accordance with the regulations of Section 62-56.Any vehicular roadway crossing a required waterfront public access area shall comply with the requirements for paving in Section 62-656.

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