§ 87-71 Special Public Access Provisions
ZR § 87-71
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 lot is 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:
(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:
(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 as set forth in Section 62-512 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.
