Public pedestrian ways

For any site alteration or development on a zoning lot which contains designated open space, the City Planning Commission shall certify whether or not the applicant shall be required to provide a public pedestrian way through a portion of the designated open space.

When a public pedestrian way is required, it shall be built and maintained by the owner of the zoning lot and shall be accessible to the public at all times. The public pedestrian way shall be improved at the time the site alteration or development takes place, except that for site alterations or developments on a tract of land less than 1.5 acres, the Commission may allow the applicant to delay the construction of the public pedestrian way if the applicant complies with Section 107-24 (Performance Bond).

The location and dimension of such pedestrian way shall be determined by the Commission. The owner of the zoning lot may request the City to take an easement on the property. If the City of New York acquires an easement for public access to any designated open space on which a building has been, is being or could be in the future, constructed in accordance with the provisions of this Chapter, the City's acquisition of an easement shall not affect the qualifications of the designated open space requirements as provided in Section 107-224 (Qualification of designated open space as lot area for bulk computations) and shall not be deemed to create a non-compliance.