ToC
62-57

Requirements for Supplemental Public Access Areas

(a)        If the aggregate area of the required shore public walkways, upland connections, public access areas on piers, and public access areas in conjunction with floating structures on the zoning lot, is less by 750 square feet or more than the amount of waterfront public access area required by the table in this Section, then supplemental public access areas shall be provided in order to meet the total amount of waterfront public access area required by the table. However, when a zoning lot is developed predominantly as a playground or publicly accessible private park, the requirements of this Section shall be deemed to be satisfied by such use.

(b)        Where supplemental public access areas are required within New York State-designated wetlands or adjacent State-regulated areas, the area requirements and the design standards for such supplemental public access areas may be reduced or modified by the New York State Department of Environmental Conservation.

Supplemental public access areas shall not be required where the total area of such designated wetlands and adjacent State-regulated areas on the zoning lot is equal to or greater than the total supplemental public access area requirement and the Department of Environmental Conservation determines that public access to such areas is not permitted.

(c)        Whenever a zoning lot is divided by a boundary between districts in which different thresholds apply pursuant to the table in this Section, the waterfront public access area requirement shall be met for the entire zoning lot, provided that:

(1)        the lot area or length of shoreline in either district is less than the minimum threshold for which there is a total waterfront public access area requirement; and

(2)        the total lot area or length of shoreline for the entire zoning lot is greater than the lowest threshold in either district for which there is a total waterfront public access area requirement.

Each portion of the zoning lot shall generate a total waterfront public access area requirement based on the percentage required in the table for the district in which it is located.

WATERFRONT PUBLIC ACCESS AREA REQUIREMENTS

Districts

Zoning Lot Threshold

Total Waterfront Public Access Area Requirement as a Percentage of Lot Area

R3, R4, R5,

C1 or C2 in R1-R5

C3, C4-1

Lot area: 65,340 sq. ft.

Shoreline length: 600 ft.

15

R6, R7-1, R7-2, R7A, R7B, R7D, R8B

and Commercial Districts governed by the bulk regulations of such Residence Districts

All other Commercial or Manufacturing Districts with a permitted commercial FAR of 4.0 or less

Lot area:  20,000 sq. ft.

Shoreline length: 100 ft.

15

Other R7, R8, R9, R10 Districts and Commercial Districts governed by the bulk regulations of such Residence Districts

All other Commercial or Manufacturing Districts with a permitted commercial FAR above 4.0

Lot area: 20,000 sq. ft.

Shoreline length: 100 ft.

20

A supplemental public access area shall also be subject to the provisions of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas).

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