Requirements for Shore Public Walkways

(a)        All waterfront zoning lots meeting the criteria set forth in Section 62-52 (Applicability of Waterfront Public Access Area Requirements), or floating structures, shall provide a shore public walkway, which shall comply with the following requirements:

(1)        Such shore public walkway shall have a seaward edge contiguous with the seaward edge of the waterfront yard as established in Section 62-332 (Rear yards and waterfront yards) with a minimum width measured from such edge as set forth in paragraph (a)(2) of this Section, or for floating structures, as set forth in Section 62-55, unless relocation or modification of width is permitted pursuant to this Section;

(2)        Such shore public walkway shall have a minimum width of 30 feet for zoning lots developed with predominantly community facility or commercial uses in R3, R4, R5 and C3 Districts, and such uses in C1 and C2 Districts mapped within R1 through R5 Districts. The minimum width for a shore public walkway provided for a zoning lot developed with any use in all other districts, other than R1 and R2 Districts, shall be 40 feet.

(3)        The minimum width of the shore public walkway set forth in paragraph (a)(2) of this Section may be reduced at the following locations provided no shore public walkway is reduced to less than 10 feet:

(i)        on shallow portions of zoning lots that are less than 150 feet in depth, the minimum width of a shore public walkway may be reduced by one foot for every two feet that the lot dimension, measured from such edge, is less than 150 feet;

(ii)        on narrow portions of platforms that are less than 150 feet in depth between the water edges located perpendicular to the landward edge of such platform, the minimum width of such shore public walkway along each opposite edge may be reduced by one foot for every two feet that the platform dimension is less than 150 feet.

(b)        In the case of a natural shoreline within New York State-designated wetlands, the shore public walkway shall be permitted to be relocated using either of the following methods:

(1)        further landward within the designated wetlands or its adjacent regulated area in accordance with an approval from the New York State Department of Environmental Conservation, in which case its width and design shall be determined by such agency; or

(2)        immediately adjacent and contiguous to the landward boundary of the wetlands area and any State-regulated adjacent area at the same elevation, in which case its width shall be measured from the seaward edge, as relocated.

(c)        Shore public walkways shall be accessible from a public sidewalk within a street, public park or other accessible open public place, according to the provisions of Section 62-56 (Requirements for Upland Connections). Shore public walkways shall connect with shore public walkways on adjoining zoning lots.

(d)        Whenever a zoning lot is divided by a boundary between districts, each portion of the shore public walkway shall be governed by the width requirement specified for the district in which it is located. However, the total area of required shore public walkway, in square feet, may be distributed anywhere in the waterfront yard, provided that the shore public walkway is at no point narrower than the lesser of the widths required by each district.