Special open area provisions

(a)        For Parcels 1, 2, 3 and 4, as shown on Map 1 in the Appendix to this Chapter, the open area between the street wall of a building fronting on the Major Deegan Expressway street line and the western edge of such Expressway, shall be subject to the provisions of Section 28-23 (Planting Areas), whether the ground floor is occupied by residential uses or non- residential uses. Such provisions shall be modified by the provisions of this Section.

(1)        Primary circulation path

A circulation path, with a width of at least 13 feet or the width of such open area, whichever is less, and the western edge of such path shall be provided within five feet of a street wall facing the Major Deegan Expressway street line. Such circulation path shall extend along the entire frontage of the zoning lot, and shall be constructed in accordance with Department of Transportation standards for sidewalks.

(2)        Planting

At least 20 percent, but not more than 50 percent of the required open area shall be planted with any combination of perennials, annuals, decorative grasses, shrubs or trees in planting beds, raised planting beds or planter boxes. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material, and any individual planted area shall have a width of at least five feet. For planting located east of the circulation path required pursuant to this paragraph (a), the maximum linear length of any individual planting bed shall not exceed 50 feet.

(3)        Other amenities

The remainder of the open area may contain any combination of:

(i)        streetscape amenities including, but not limited to, benches or tables and chairs;

(ii)        entertainment amenities including, but not limited to, water features, playgrounds, dog runs, game tables, courts or skateboard parks; and

(iii)        streetscape-enhancing amenities including, but not limited to, trees in tree pits, and lighting, or sculptural artwork.

All streetscape and entertainment amenities provided in accordance with paragraphs (a)(3)(i) and (a)(3)(ii) of this Section shall be connected to the primary circulation path required by paragraph (a) of this Section through secondary circulation paths, paved with permeable materials, each with a minimum width of six feet. Any planting associated with an amenity including, but not limited to, playgrounds and dog runs, as applicable, may exceed the amount set forth in paragraph (b) of this Section.

Any open area not otherwise allocated to amenities or secondary circulation paths shall also be paved with permeable materials. The minimum clear space between any planted areas required by paragraph (b) of this Section, any amenity provided under this paragraph, or any combination thereof, shall be six feet.

(4)        Fencing

In no event shall chain link fencing or barbed or razor wire be permitted in any open area provided pursuant to this Section. No fences may exceed a height of four feet.

(b)        In the event that Parcel 1 is developed with mixed buildings, sidewalks shall be provided on such parcel as follows:

(1)        Sidewalks with a width of at least 15 feet shall be provided along the entire Exterior Street and East 149th Street frontage of a zoning lot.

(2)        In locations where the width of the sidewalk within the street is less than 15 feet, a sidewalk widening shall be provided on the zoning lot such that the combined width of the sidewalk within the street and the sidewalk widening equals at least 15 feet. However, existing buildings remaining on the zoning lot need not be removed in order to comply with this requirement.

All sidewalks and sidewalk widenings shall be constructed or improved to Department of Transportation standards and shall connect at grade to the adjoining public sidewalks.