When a zoning lot containing a portion of the waterfront esplanade, as shown on the District Plan (Map 3 in Appendix A) is developed, the location and design of the waterfront esplanade shall be certified by the City Planning Commission and such waterfront esplanade shall conform to the guidelines and standards established by the Department of City Planning in consultation with the Department of Transportation and the Department of Parks and Recreation.

The waterfront esplanade shall be built and maintained by the owner of a zoning lot on which the esplanade is shown on the District Plan, except where such zoning lot has been developed prior to September 11, 1975. Where such waterfront esplanade is not accessible to the public, the Commission may require the owner of the zoning lot to provide public access to such a waterfront esplanade from a public right-of-way through the zoning lot.

The waterfront esplanade shall be either built at the same time that the zoning lot is developed or the Commission may allow the owner to comply with Section 107-24 (Performance Bond).

The owner of a 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 for satisfying lot area requirements, yard requirements, floor area or lot coverage restrictions or 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.